Terms OF USE and Conditions
 

Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Lilys Living web site located at www.lilysliving.com and all associated websites (the “Site”) using the same domain. These websites are the property of Lily’s Living, Inc.

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THIS SITE.

Lily’s Living reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Lily’s Living grants you a personal, non-exclusive, non-transferable, privilege to enter and use the Site.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively, “Content”), contained on the Site is owned, controlled or licensed by or to Lily’s Living, and is protected by copyright laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Lily’s Living expressed prior written consent.

Your Use of the Site
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any SGS server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity while using this Site. You may not forge headers or otherwise manipulate identifiers on or through the Site or any service offered on or through the Site.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Lily’s Living or others.

Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a unique user ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Lily’s Living immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Lily’s Living or any other user of or visitor to the Site due to someone else using your user ID, password or account as a result of your failing to keep your account information secure and confidential.

Privacy
Lily’s Living Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view the Lily’s Living Privacy Policy, go to http://www.lilysliving.com/privacy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Disclaimers
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LILYS LIVING FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

Lily’s Living reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
Except where prohibited by law, in no event will Lily’s Living be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Lily’s Living has been advised of the possibility of such damages.


Indemnity
You agree to indemnify and hold Lily’s Living, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Lily’s Living by any third party due to or arising out of or in connection with your use of the Site.

Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Lily’s Living and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited
Lily’s Living reserves the right to limit, in its sole discretion, the provision and quantity of any product to any person or geographic area. Any offer for any product made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Lily’s Living shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.
Copyright © 2016-2020 Lily’s Living Inc. All rights reserved.