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Terms and Condition

Effective Date: April 15, 2018

Privacy Policy

Lilyful (“we,” “us,” or “Lilyful”) respects the privacy of everyone that use our websites and online services. This privacy policy (“Privacy Policy”) is designed to inform you about the type of information that we gather about you, how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of that information.

You acknowledge that this Privacy Policy is part of our Terms of Use (the “Terms”) (available at lilyful.com/pages/terms-of-use).  Capitalized terms not otherwise defined in this Privacy Policy shall have the same meaning as defined in the Terms.

BY ACCESSING AND USING OUR SITE, YOU AGREE TO BE BOUND BY ALL OF TERMS AND CONDITIONS SET FORTH IN THIS POLICY. As used herein, the term “Site” means our website at lilyful.com and all contents and services made available on the website, unless specifically stated otherwise. If you do not agree to these terms, please do not access or use our Site.

  1. The Information We Collect.

Information You Provide to Us:  When you engage in certain activities available within our Site (such as registering for a user account, ordering a product, or subscribing our newsletter), we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, including, for example:

  • your name, address, e-mail address, telephone numbers, and other personally identifying information;
  • username and password;
  • billing information, such as your name, address, telephone number and credit card number;
  • information you provide to us when sending us an inquiry, such as your name, e-mail address, and records of the issues you experience with our product, service or Site; and
  • other information you choose to provide.

Information We Collect When You Use Our Site: When you use our Site, we collect information, including for example:

  • your use of our Site, including products and pages viewed, and items shopped;
  • general technical data pertaining to you (such as information about the device you use to access our Site, type of browser, IP address, software and version, and other system information).

We collect technical information and usage data, which may be linked and identified with your account, by using cookies and other tracking technologies. We may use cookies to store certain types of information each time you use our Site. To find out more about how we use cookies, please review the additional information in this Privacy Policy under the Section entitled “Cookies and Similar Technologies.”

Social Media Platforms.  If you access any of our Site with your log-in credentials from a social networking site (e.g., Google+, Facebook, Twitter, and Pinterest), we may receive personal information about you from such social networking site, in accordance with the terms of use and privacy policy of the social networking site.  For example, if you use social media plugins (such as Facebook “Like”, Tweets, Pinterest “Pin” buttons) on the Site, your username and password for the services and other information collected from you on these services may be shared with us.

Your Shared Content/ Post.  On certain parts of our Site, you may be given the opportunity to rate and provide your feedback regarding our products.  In addition, our Site may allow you to share with your friends, via social media plugins or e-mails, certain information about our product with your comments or message.  When you use these online features, we collect information about you, including, for example:

  • your name, username, password, and e-mail address.
  • content that you post or share using our Site (such as your message, comments or other information posted or shared through social media plugins or messaging features on our Site).

When you use such social or messaging features on our Site, the information that you disclose will be visible to anyone who has access to our Site and may also be viewable outside of our Site. You should exercise caution in all public postings, as the information you voluntarily disclose can be viewed publicly and can be collected and used by third parties. It may result in the disclosure of private information, for which we are not responsible.

  1. Use of Information.

We may use your personal and non-personal information for a variety of purposes.

To provide our products and services: We will use your information, including personal information, to operate our business and provide our products and services to you.  For example, we may use such information to:

  • carry out your order or other transactions that you have requested;
  • analyze usage and activity trends to customize our site’s content, layout, and services;
  • enhance the operation of our Site and improve our product and service offerings;
  • identify, troubleshoot and solve bugs or errors;
  • perform internal operation, including, to prevent fraud and abuse of our Site; and
  • enforce our agreements with you, including the Terms and this Privacy Policy.

To provide you support:  We will use your information, including personal information, to provide product and customer support services.  For example, we may use your information to:

  • communicate with you concerning any product or service issues that you bring to our attention;
  • resolve any dispute;
  • send you order and shipping confirmation; and
  • follow up and/or respond to any inquiry or submission received through our websites.

Commercial Messaging:  We may also use the information collected from you to contact you with information that we believe will be of interest to you.  For example, we may send you newsletters, promotions, offers, and information about new product, service, or events. 

Other legal purposes:  We may also use your information for any other purpose as we determine, in our discretion, to be necessary or required to ensure the safety and/or integrity of our users, employees, third parties, public, and/or our Site, or to comply with requirements of any applicable law. 

  1. Sharing of Information.

We may share your information with third parties such as following.

  • We may share your information with service providers or business partners who may manage or operate the Site on our behalf or provide services and functionality. 
  • We may share information where it is necessary to carry out your instruction.  For example, to process a payment instruction, we must provide your personal information to our payment processors.
  • We may share information about you if we reasonably believe that disclosing the information is needed to comply with, or is otherwise required by, any applicable law, regulation or legal process.
  • We may share your information with law enforcement, government authorities or other third parties as such disclosure is reasonably necessary (i) to investigate, remedy or enforce potential violation of Terms or this Privacy Policy, (ii) to protect the rights, property, and safety of us, our users, or others, or (iii) to uncover and resolve any fraud or security concerns.
  • In the event we undergo a business transaction, such as a reorganization, divestiture, merger, sale or dissolution (including bankruptcy), we may share your information with the relevant third party before and after the transaction closes.

Our use and disclosure of any non-personally identifiable information about users in aggregated and/or anonymized forms are not subject to this Privacy Policy, and such information may be disclosed to others without limitation and for any purpose.

  1. How to Update Your Information.

We want to make sure that your personal information is accurate and up to date.  You can access and update most of your basic information by logging in to your account and selecting to edit your profile.  If you need to access, update, or delete other personal information that we may have, you can submit your request in writing to web@lilyful.com. Before we permit your access or update your personal information, we may ask you to verify your identity and/or provide additional information.  Where permitted by law, we may reject requests that are unreasonable or impractical.

Information that you have shared via our Site on any social network or third party platform cannot be amended or deleted by us where it is in the control of that social network or third party platform. In addition, where any third party copies information which you have made available via the use of our Site, we may not be able to amend or delete it because it may not be in our control.

  1. Your Choices Regarding Collection and Use of Your Information.

We may, from time to time, send you e-mails regarding our products and offers. Only Lilyful (or a marketing service provider working on behalf of Lilyful) will send you these e-mails. If you do not want to receive such mailings, simply tell us when you give us your personal information. Each commercial email we send you will also have an instruction how to opt out of receiving such communication.

You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Site may not work properly. 

  1. How We Keep Your Information Secure.

The security of your personal information is important to us. We maintain appropriate technical safeguards to help protect your personal information against unauthorized disclosure or access, destruction or alteration.  However, no security measure is perfect, and for that reason, we cannot guarantee the security of your information.  Therefore, you hereby agree to use our Site at your own risk.  We do not assume the responsibility for the unauthorized use or access to your information under our control. 

  1. Cookies and Similar Technologies.

From time to time, we may use the “cookies” feature of browser applications that allows us to store a small piece of data on your computer or mobile device about your visit to our site.

We use cookies and similar technologies to enable you to sign in and to facilitate and customize your online experience. For example, we use cookies to deliver content specific to your location or interest, keep track of your shopping cart, store your preferences and other information to save you time and make your use of the site easier. 

We also use cookies and similar technologies to help us learn how you use our Site over time.  This information may be used to, among other things, analyze and track data, understand your online activity and determine which areas of our site are useful or need improvement.

Third parties may also use cookies on our Site. For instance, third party analytic services integrated into our Site will place cookies on your device to track and collect traffic data.  We also utilize social media plugins (such as Facebook “Like” button) and other social tools of social media platforms, including Google, Facebook, Twitter, and Pinterest, who may themselves also put cookies on your device when you click the Like button or other similar links.

Please note that these third parties collect and use information under their own privacy policies, and we have little control over these third party cookies.  Please consult the respective privacy policies for these external services to understand their practice concerning privacy.  Third party analytics companies and other external services that operate in our Site include the following:

Google Analytic    
Google+
Facebook
Instagram
Twitter  
Pinterest 

You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our Web site may be diminished and some features may not work as they were intended.

  1. Do Not Track Signal.

We currently do not recognize or respond to Do Not Track (DNT) signals as no DNS standard has been adopted. 

  1. Third Party Sites and Services Accessible From Our Site.

Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Our Site may contain links to third party owned and/or operated websites.  Third party websites accessible from our websites have their own privacy policies and data collection, use and disclosure practices. If you visit a third party website or use a third party service, you should consult that site’s or service’s privacy policy. We are not responsible for the policies or practices of third parties.

  1. Notice Concerning Children.

Our Site are intended for general audience and not for – and we don’t direct them to – anyone under 13.  We do not knowingly collect personal information from children under the age of 13.  In the event that we learn that a person under the age 13 has provided us with personal information, we will delete such personal information.

  1. Your California Privacy Rights.

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.  If you are a California resident and would like to request this information, please submit your request to:

  • Lilyful, ATTN: Privacy, 710 S. Myrtle Avenue #298, Monrovia, CA 91016; or
  • web@lilyful.com
  1. Modification to This Privacy Policy.

This Privacy Policy went into effect on the date noted above. From time to time, we may update this Privacy Policy to clarify our practices or to reflect new or different privacy practices, such as when we add new features.  If we modify this Privacy Policy, we will notify you via a notice on our home page (lilyful.com) or by other means.  Any change, update, or modification to this Privacy Policy will become effective on the day they are posted unless stated otherwise.

You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and to be aware of any modifications. Your continued access or use of our Site will constitute your acceptance of our Privacy Policy as changed. If you do not agree to our Privacy Policy, as amended, you must stop using our Site.

  1. Contact Us.

If you have any questions about or complaints in relation to our Privacy Policy, please contact us by sending a letter to:

Lilyful
Attn: Privacy 
327 Los Cerritos Center
Cerritos, CA 90703

 You may also contact us by e-mail at web@lilyful.com.

 

TERMS OF SALE

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

These Terms of Sale (“Agreement”) applies to the purchases you make through Lilyful website at lilyful.com(“Site”). This Agreement is a legal agreement between you and Lilyful (“we,” “us,” or “Lilyful”). This Agreement applies to the purchases of products and/or services on or through the Site. 

BY PURCHASING A PRODUCT ON THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY IT INCLUDING LILYFUL’S PRIVACY POLICY AND TERMS OF USE WHICH ARE INCORPORATED HEREIN BY REFERENCE.

ARBITRATION NOTICE:  DISPUTES ABOUT THESE TERMS OF SALE AND LILYFUL PRODUCTS AND/OR SERVICES ARE SUBJECT TO BINDING ARBITRATION AND CLASS ACTION WAIVER AS DETAILED IN SECTION 18 OF THE TERMS OF USE WHICH IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE.

 

  1. Order Acceptance and Cancellation. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged.  Without limiting the generality of foregoing, we may cancel your order based on the limited availability of products, discontinuance of products, failed credit card transactions or inaccuracies or errors in pricing information. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account.
  2. Changes in Products and Pricing. We regularly update our offerings of products on the Site, and we may discontinue products at any time without notice. We will not be liable for any lack of availability of products featured on our Site. All pricing for the products available on our Site is subject to change.
  3. Order Cancellation by You. You may cancel your order any time before the order is shipped by emailing us at web@lilyful.comOnce a product is shipped, your order may be returned subject to the Return and Exchange Policy described in Section 5 below.
  4. Shipping. Please allow up to 24 hours for Lilyful to respond to your online order.

Online orders are processed and shipped during our regular business hours (Monday-Friday from 9 a.m. to 5 p.m. PST).  If you have placed an order after hours, weekend or holiday, the order will be processed and shipped on the following business day.

Orders placed on the Site can only be shipped to addresses within the United States.

For domestic shipping within the 48 contiguous United States, we charge a flat shipping fee of $9.00.  Shipping charge for delivery to other regions will vary depending on the delivery location and the size of your order.  Orders that are shipped to countries outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country.

  1. Returns and Exchanges. 

No Cash Refund:  All products are sold “as is.”  You assume the responsibility for your purchase, and NO CASH REFUNDS WILL BE ISSUED.

Return for Exchange and Online Credit: On the other hand, most of online orders (except certain few items*) may be returned for a full refund, exchange or online-store credit within 14 days from when you receive your order or when initial delivery attempt is made, whichever earlier (“Return Period”). You may begin the return or exchange process by emailing us at web@lilyful.com.

If we approve your return, you must promptly send your product and ensure that the returned product is received by us within the Return Period.  Any returned product that arrives after the Return Period will be rejected regardless of prior approval and sent back to you at your expense.

We will not issue credit for the original shipping fees charged at the time of your order unless your return is due to our error or defective product. You are responsible for the cost of shipping all returns.

Once we receive your returned package, please allow 5 Business days for our return department to process your return. After successful inspection, our return department will issue an online credit which may be used for purchases on our Site only.  Online credits will be sent via email to the email address entered at checkout.

Return Address: You can send your approved returns to:

Lilyful
327 Los Cerritos Center
Cerritos, CA 90703 

* Nonreturnable Items: Body suits, bathing suits, intimate apparel, accessories and clearance items are not returnable. Sales of the aforementioned items are final.

No In-Store Return or Exchange:  Lilyful stores cannot accept returns or exchanges of products purchased from the Site. Online orders from the Site may be returned by mail to the above Return Address only.  

Effective Date: April 15, 2018

TERMS OF USE

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

  1. Binding Effect. These Terms of Use (“Terms”) govern your access or use of the website located at lilyful.com, including all contents and services made available thereon (“Site”).  In these Terms, the terms “Lilyful,” “we,” or “us” refers to Lilyful.

ARBITRATION NOTICE: BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER DESCRIBED IN SECTION 18 AND AGREE TO ABIDE BY THEM, AS THEY MAY BE AMENDED BY US FROM TIME TO TIME IN OUR SOLE DISCRETION.

We may, in our sole discretion and without prior notice, revise these Terms at any time. We will notify you any revision to these Terms by posting a notice on our homepage at lilyful.com or by other means, and the revision shall be effective immediately on such posting on the Site unless stated otherwise. It is your responsibility to review these Terms periodically to be aware of any revisions. If you do not accept these Terms in their entirety, you must immediately leave the Site and cease all use of the Site. Your continued access or use of our Site will constitute your acceptance of the Terms as changed.

YOU AGREE THAT BY ACCESSING OR USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD OR THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. 

  1. Privacy Policy. Your use of Site is governed by our privacy policy. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into these Terms by this reference.
  2. User Account. In order to make online purchases on our Site, you must register an account by providing the complete and accurate information requested on the registration form. You will also be asked to provide your email address, which will be used as your username, and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately on any unauthorized use of your account, username, or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Lilyful, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
  3. Limited License.  Subject to your agreement and compliance with these Terms, we grant you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable license to access and use the Site for your personal and noncommercial use only.

We reserve the right to revoke the limited license granted to you herein in our sole and absolute discretion. In addition, we reserve the right to change all or part of our Site without any liability to you, at any time without any prior notice to you.

You may not access, use, copy, modify or distribute any of the Site in any manner not expressly authorized under these Terms of Use. You may not reverse engineer, disassemble, or attempt to extract or otherwise use source code or other data from the Site unless expressly authorized by us.

  1. Ownership.  We do not transfer or grant to you any rights, title, or interests in or related to the Site and associated intellectual property rights except for the limited license granted above. We retain full and complete title to the Site, as well as all intellectual property rights therein. All trademarks, service marks, logos, and trade names are owned by Lilyful or its licensors, and you may not copy or use them in any manner. Any rights not expressly granted herein are reserved by Lilyful.
  2. Product Images. The actual colors of our products that you see on our Site will depend on your monitor and device settings. As such, we do not guarantee that the colors of products as displayed on your monitor will be accurate.
  3. User Provided Content. We may, in our sole discretion, permit you to submit, post, upload, publish, send or transmit content through our Site.

The term “Content” means any information, data, text, files, images, graphics, photos, audio, video, works of authorship and other content and materials made available or transmitted through the Site.  The term “User Content” means any Content that you submit, post, upload, publish, transmit or otherwise make available in connection with your use of the Site or other websites such as Facebook that may interact with this Site, including but not limited to, messages, comments, support requests, and any feedback, idea, or observation on our products and Site.

As between you and us, you own the User Content that you submit or post to the Site. However, by providing User Content to us through or as a result of use of the Site, you are granting us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license, with the right to sublicense, to use, make, copy, distribute, transmit, publicly display, publicly perform, modify, create derivative works of, translate, reformat, or otherwise exploit User Content for any purpose in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You agree that we may also publish or otherwise disclose your name in connection with your User Content. However, we shall have no obligation to credit or acknowledge you for your User Content or keep any User Content in confidence.

You represent and warrant that you are the sole and exclusive owner of the User Content or otherwise have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above. Furthermore, you represent and warrant that the User Content or our use of the User Content will not infringe or violate a third party’s intellectual property rights, a third party’s rights of publicity or privacy, these Terms or any applicable law or regulation.

  1. Submissions. We do not solicit but welcome your comments regarding our products and services that you may decide to share with us or our user community voluntarily.  But do not send us information or share it through the Site unless you are willing to let us and everyone in the world know about it.  Any comment or feedback you provide shall be deemed non-confidential.

In addition, we shall have no obligation whatsoever with respect to such unsolicited information, including your ideas or observations on our products and services.  On the other hand, we shall be free to use such information without any limitation or compensation to you for any purpose whatsoever. Such information you provide shall be deemed as User Content (described in Section 7), for which you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license (also described in Section 7)

  1. Compliance with Laws. When accessing or using our Site, you agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content in violation of any third party’s intellectual property or proprietary rights, rights of publicity or privacy, or any applicable law. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your user account. The burden of proving that any User Content does not violate any laws or third party rights rests solely with you.
  2. Inappropriate Content. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, indecent, pornographic, abusive, threatening, fraudulent, unlawful or otherwise objectionable; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.

We may, in our sole discretion, remove, edit or disable User Content for any reason, including if we reasonably believe that User Content violates these Terms. However, we do not assume any obligation or liability for screening, removing or not removing such User Content.  We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

  1. Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site.  In addition, you agree not to:
  1. access content or data not intended for you, or log onto a server or account that you are not authorized to access;
  2. attempt to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
  3. interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
  4. use the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
  5. forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site;
  6. attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the software that we use in providing the Site;
  7. make any copy of or otherwise reproduce the contents from the Site except as otherwise permitted by these Terms;
  8. rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the contents to any third party;
  9. use data mining, robots, or similar data gathering and extraction tools with respect to any portion of the Site; and
  10. use the Site for any unlawful, unauthorized, fraudulent or malicious purpose. Any violation of system or network security may subject you to civil and/or criminal liability.
  1. Indemnity. You agree to indemnify, defend, and hold harmless Lilyful, its affiliates, licensor, vendor and business partners, and their respective officers, directors, employees, consultants, agents, and representatives, from any and all claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising out of in connection with (i) your access or use of the Site, (ii) your violation of these Terms, (iii) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.  We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  2. Termination.  We may terminate your access and use of our Site (including your access to your account) and revoke your limited license granted herein, with or without prior notice to you, at any time for any reason or for no reason, and without liability to you. Without limiting the generality of the foregoing, if we determine in our sole discretion that you have violated these Terms or that there has been otherwise unlawful, improper or fraudulent use of our Site, we may terminate your use of our Site and delete your account without warning. We may also pursue other recourses against you to the full extent of the law.

Notwithstanding such termination or revocation of any license granted hereunder, all other provisions of these Terms (except the grant of license to you under Section 4) shall survive and continue to apply.

  1. No WarrantiesThe Site and all contents thereof, whether provided by us, our licensor, vendors or users, and other information on or accessible from the Site are provided “as is” without warranty of any kind, either expressed or implied. To the maximum extent permitted by law, we hereby disclaim all representations and warranties, express, implied or statutory, regarding our Site, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, as well as any warranties alleged to have arisen from custom, usage, or the course of dealing between the parties. In addition, we do not warrant or make any representations regarding the correctness, accuracy, reliability, suitability, quality, timeliness, or availability of the Site, or that the Site or the server that makes the Site available will be uninterrupted or free from errors, bugs, corruption, loss, interference, hacking, virus, or other harmful components. You assume the risk of any and all damage or loss arising from your use of, or inability to use, the Site. Applicable law may not allow the exclusion of implied warranties so some of or the entire exclusion may not apply to you.
  2. Limited LiabilityTo the maximum extent permitted by law, Lilyful and its employees, directors, officers, affiliates, agents, licensors and business partners, shall not be liable for indirect, consequential, special, incidental, or punitive damages, including without limitation, lost profits, lost data, cost of replacement goods or services, business interruption, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Site, regardless of the foreseeability of those damages, and even if Lilyful has been advised of the possibility of such damages. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, statute, strict liability, or any other legal theory or form of action. You may recover only direct damages in any amount no greater than what you actually paid for while using the Site. As some states do not allow the limitation or exclusion of liability, some or all of the above limitations and exclusions may not apply to you.
  3. Trademarks and Attributions.  The following is a listing of certain trademarks owned by Lilyful:  Lilyful.
  4. Links. We have no control over, and assume no liability for any third party websites or materials that may be linked to or from the Site. Such links are provided for your convenience only, and the inclusion of such links should not be interpreted as an endorsement of those sites or contents thereof. We make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we are not responsible for the content of those sites.
  5. Arbitration.  PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION.

All disputes, claims or controversies arising out of or relating to these Terms, our Site or the relationship between you and us (“Disputes”) shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. The Disputes do not include any claim regarding the infringement, protection or validity of intellectual property rights or a claim brought in small claims court.

Either party may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) then in effect. The AAA Rules are available at www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. Arbitration of any claim not exceeding $10,000 will be conducted solely on the basis of documents you and Lilyful submit to the arbitrator. The arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. Either party may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

YOU AND LILIFUL AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Unless you and we otherwise agree, arbitration will take place in the Los Angeles County, State of California, United States of America.

  1. Limitation on Claims.  You agree that any claim that you may have arising out of related to the use of the Site or your relationship with Lilyful must be filed within one (1) year after such claim arose; otherwise your claim is permanently barred.
  2. Governing Law. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, USA in all disputes, except claims and dispute subject to the arbitration agreement above, arising out of or related to the use of the Site.
  3. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
  4. Local Laws. The Site are controlled and operated by Lilyful from its offices in the State of California. Those who access the Site from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
  5. No Assignment. You may not assign these Terms or any of the rights granted by Lilyful hereunder, in whole or in part, without the prior written consent of Lilyful, and any attempt to do so shall be void. We may assign these Terms without your consent to our affiliate or subsidiary company, any person or entity acquiring our business or assets, or successor of Lilyful. These Terms are binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.
  6. Contact Us. If you have any questions about these Terms, please contact us by sending a letter to:

Lilyful
Attn: Privacy 
327 Los Cerritos Center
Cerritos, CA 90703

You may also contact us by e-mail at web@lilyful.com.

 

CA PROP 65 Warning:

WARNING: Apparel, handbags, purses, clutches, totes, wallets, belts, gloves, footwear, headwear, sunglasses, jewelry, faux leather apparel and accessories made of vinyl or imitation leather and other fashion accessories contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.

See California Health and Safety Code Sections 25249.6 and 25249.11.

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