Terms and Conditions

TERMS OF USE

Lilly Bow Peep, its heirs, assigns, partners, employees, officers, or agents,  (“LBP” "we" or “us” or “our”) owns and operates the following websites and Facebook group profiles: (1) http://lilly-bow-peep-2.myshopify.com/; and (2) https://business.facebook.com/lillybowpeep.net  , the mobile and touch versions and any sites we have now or in the future that reference these Terms of Use (collectively, "Site"). By using the Site and LBP’s services through the Site, you agree to these Terms of Use (defined below). You also agree to and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining or extraction tools or any other functionality.

 

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY LBP SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.

1. About the Site

LBP offers a wide variety of items for girls, boys and adults for sale. LBP products range from clothing, jewelry, shoes, hats, to household items, and much more! LBP specializes in providing items for every member of the family!

The content of the pages of this Site is for your general information and use only. It is subject to change without notice. Certain products and pricing on the Site may change at any time in LBP’s sole discretion, without notice.

If you have any questions, concerns, or praise, please feel free to contact us at lillybowpeepinfo@gmail.com.

2. Ownership of the Site

The Site, any content on the Site and the infrastructure used to provide the Site are proprietary to us, our affiliates, and other content providers. By using the Site and accepting these Terms of Use: (a) LBP grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by LBP; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site without the express permission of LBP.

3. Use of the Site

As a condition of your use of the Site, you agree that:

(a) You have reached the age of majority in the state or province in which you reside;
(b) You are able to create a binding legal obligation;
(c) You are not barred from receiving products or services under applicable law;
(d) You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality;
(e) Your use of the Site will at all times comply with these Terms of Use;
(f) You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
(g) You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current and complete; and,
(h) Any purchase you make will be subject to the applicable Terms of Sale set forth in these Terms of Use.
4. Access to the Site
(a) LBP retains the right, at its sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While LBP uses reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time. You understand and agree that there may be interruptions in service or Site access due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
(b) We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
5. Modification
(a) We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Site or our services we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will not apply to products purchased prior to the effective date of such changes.
(b) We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Site or our services will constitute acceptance of these changes and the Terms of Use as modified.
6. Your Conduct
(a) All interactions on the Site must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit or terminate your privileges on the Site and seek other remedies, including, without limitation, cancellation of your account, cancellation of your order, or forfeiture of any forms of unredeemed value in your account.

The following activities are prohibited on the Site and constitute violations of these Terms of Use:

(a) Submitting any content to the Site that:
    1. Violates applicable laws (including, without limitation, but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);
    2. Contains personal information, except when we expressly ask you to provide such information;
    3. Contains viruses or malware;
    4. Offers unauthorized downloads of any copyrighted, confidential or private information;
    5. Has the effect of impersonating others;
    6. Contains messages by non-spokesperson employees of LBP purporting to speak on behalf of LBP or provides confidential information concerning LBP;
    7. Contains chain letters of any kind;
    8. Is purposely inaccurate, commits fraud or falsifies information in connection with your LBP account or to create multiple LBP accounts; or
    9. Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

 

(b) Attempting to do or actually doing any of the following:
      1. Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
      2. Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;
      3. Scanning or testing the security or configuration of the Site or breaching security or authentication measures; or
      4. Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site.
    (c) Using any of the following:
        1. Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
        2. Any Site content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
        3. The Site or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with LBP; or
        4. The Site or any of its resources to solicit consumers, Merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with LBP, including, without limitation, aggregating current or previously offered deals.
      (d) Collecting any of the following:
          1. Content from the Site, including, without limitation, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or
          2. Personal Information (defined in our Privacy Statement), User Content (defined in Section 12 below) or content of any consumers or Merchants.

        (e) Engaging in any of the following:

            1. Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by LBP;
            2. Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
            3. Reselling or repurposing your access to the Site or any purchases made through the Site;
            4. Exceeding or attempting to exceed quantity limits when purchasing products, or otherwise using any LBP account to purchase products for resale or for speculative, false, fraudulent or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Site;
            5. Accessing, monitoring or copying any content from the Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
            6. Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
            7. Aggregating any current or previously-offered deals or content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;
            8. Deep-linking to any portion of the Site (including, without limitation, the purchase path for any Voucher) without our express written permission;
            9. Hyperlinking to the Site from any other website without our initial and ongoing consent; or
            10. Acting illegally or maliciously against the business interests or reputation of LBP, our Merchants or our services.
          7. Terms of Sale

          By purchasing or obtaining any product via the Site, you agree to these Terms of Use, including, without limitation, the Terms of Sale.

          (a) Ordering:
              1. When you purchase a product, from LBP, clicking the “Complete Order” button only constitutes an offer to buy the product or products. By clicking the “Complete Order” button you are authorizing LBP to email you and confirm the transaction, as well as any additional information as it relates to your order status. Please note, that your purchase is not complete until we email you to confirm the transaction. We reserve the right to reject your offer and not conclude a contract with you.
              2. A valid credit card or debit card is required for payment of all orders. By clicking “Complete Order” you are authorizing and agreeing for LBP to charge your credit card or debit card to process your order.
              3. All sales are final. Accordingly, refunds will be issued at LBP sole discretion. If you wish to cancel your order before delivery or change the quantity of the Products purchased or the delivery address, please contact us immediately. Please make sure you review your order before clicking the “Complete Order” button to ensure that your order is correct. Please note, that all sales are final and that LBP may be unable to issue you a refund or cancel your order.  
              4. Shipment and tracking options and applicable charges will be stated in the deal terms and will vary by offer. Shipment may be limited to specific geographic locations.
              5. Shipping and delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as guaranteed delivery times.
              6. We may have to cancel an order before your products are delivered; if this happens, we will attempt to notify you at the email address that is provided with your account.
              7. When products are delivered to the delivery address provided at checkout, risk of loss and legal title to those products will transfer to the recipient (i.e., the products will become the recipient's personal property).
              8. It is your responsibility to ascertain and obey all applicable local, state, provincial, territorial, federal and international laws (including, without limitation, minimum age requirements) relating to the receipt, possession, use and sale of any Product.
              9. LBP reserves the right cancel your order and issue you a refund at any time.
            (b) Return Policy:
              1. Refunds, Exchanges & Canceling Orders are currently not available. ALL SALES ARE FINAL! If we decide to issue you a refund or accept a return there is a 40% restocking fee. Shipping is never refunded. Holiday items are FINAL SALE!
              2. If we agree upon a refund, then the package must be sent back to LBP, unused, and be post marked within two business days of the delivery date. The package must be unopened and not damaged. If a refund is issued, you will be responsible for the shipping costs.
              3. Please be aware, if we agree to allow you to exchange your product, we cannot guarantee that you receive the exchanged product within the original shipping date or before a holiday. Further, LBP may charge exchange fees for any items that are exchanged. LBP reserves the right to charge exchange fees.
              4. LBP is not responsible for lost or damaged packages. LBP takes reasonable steps to ensure items are properly delivered, but cannot guarantee that all items are properly delivered and free from damages. You agree to contact LBP before initiating any chargebacks or disputing any orders. Your failure to contact LBP prior to initiating any chargebacks or disputing any orders will be deemed a failure to comply with LBP’s terms and conditions and waive your right to seek reimbursement from LBP.
            (c) Shipping: 
              1. A majority of our items are PREORDER items. This means that LBP will not place and order with LBP’s affiliates or merchants until the sale ends. This allows LBP to sell you quality goods at wholesale prices.
              2. LBP tries to ship orders a soon as possible. LBP recommends that you place an order as soon as you see an item that you want, to improve the likelihood of delivery prior to a holiday or event. Estimated shipping date may be longer/shorter than expected based upon stock, shipping, and other unforeseen delays.
              3. PLEASE BE ADVISED: If you place a single order with two different items with different estimated sale dates-- your order will always ship on the later shipping date and all items will be shipped together. In some cases, this will mean that your order is unable to be fulfilled in time for a holiday or special event. Accordingly, LBP recommends that you place two separate orders, or utilize split shipping (if available) to ensure that you receive you items within the estimated six (6) week delivery timeframe.
              4. Products shipped within the U.S. and Canada are subject to applicable taxes, customs, and duties depending on your country of residence and will be added at checkout.
              5. Orders are complete when mailed from LBP. LBP makes no guarantees and maintains no liability once packages are shipped from LBP. LBP is not responsible for lost or damaged packages.
            (d) Additional FAQ:
                1. Unless stated otherwise in the offer's deal terms, all Products are sold AS IS. See the Disclaimer of Warranty in Section 10 of the Terms of Use.
                2. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by customers and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.
                3. We have taken reasonable steps to display as accurately as possible the colors and other details of Products we sell. However, the colors and details you see on the Site will depend on the equipment you use to view the Site. We cannot guarantee that the display of any color or other details on your television, mobile device, computer or other device will exactly reflect the color or details of the actual products.
                4. Certain Products you purchase through the Site may be subject to export control laws and regulations if shipped outside the United States. It is your responsibility to ensure that any export or re-export complies with all applicable restrictions and regulations, including, without limitation, the Export Administration Regulations (“EAR”) administered by the Department of Commerce, the International Traffic in Arms Regulations administered by the Department of State, and all sanctions programs administered by the Treasury Department’s Office of Foreign Assets Control (“OFAC”). You further agree that no Products sold through this Site will be exported or re-exported to Cuba, Iran, North Korea, Sudan, Syria, or any country subject to a comprehensive embargo administered by OFAC, and you agree that no Products sold through this Site will be exported or re-exported to any person or entity on the Specially Designated Nationals List administered by OFAC, the Entity List or Denied Persons List of the EAR, or any similar list of prohibited parties administered by the United States government.
              8. Copyright and Trademarks
              (a) The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. LBP owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of LBP or the copyright owner is permitted. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
              (b) Other marks on the site not owned by LBP may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of LBP unless otherwise stated, or may be the property of their respective owners. You may not use LBP's name, logos, trademarks or brands, or trademarks or brands of others on the Site without LBP's express permission.
              (c) LBP specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Ship to Shore will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:

               

              Lilly Bow Peep LLC. 174B Semoran Commerce Place, Apopka, FL 32703

               

              (1) To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
              (i) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
              (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
              (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
              (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
              (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
              (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

               

              (d) Please contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms.
              9. User Content
              (a) The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Site (collectively, "User Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site from time to time.
              (b) If you contribute any User Content, you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. LBP does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
              (c) In addition, if you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and that they have waived any moral rights in such User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. Further, if you post pictures or submit picture to the Site, you are authorizing and allowing the Site to use your image, likeness, and appearance, for marketing, advertising, and selling the Site’s products.
              (d) You represent and warrant that you will not upload, post, transmit or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available User Content that contains any material that harbors viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.
              (e) LBP shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Use and any operating rules established by LBP, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, LBP shall have the right to remove any material from the Communities or any other LBP controlled sites, in its sole discretion. LBP assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. LBP has no obligation to use User Content and may not use it at all.
              (f) In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. LBP makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
              (g) You understand and agree that User Content is public. Any person (whether or not a user of LBP’s services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. LBP is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.
              (h) Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by LBP. Other users may post User Content that is inaccurate, misleading or deceptive. LBP does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of LBP. LBP does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including, without limitation, any objectionable User Content.
              1. As between you and LBP, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant LBP a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. LBP’s license in any User Content or Personal Information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.
              10. Disclaimer of Warranty

              YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. LBP DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION TO ALL PRODUCTS, (II) DESCRIPTIONS OF PRODUCTS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL PRODUCTS AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, LBP HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR PRODUCTS, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

               

              11. Limitation of Liability
              (a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LBP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY TO YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) PRODUCTS AVAILABLE THROUGH THE SITE; (E) THESE TERMS OF USE; (F) ANY BREACH OF WARRANTY OR TORT; (G) LOSS OF DATA OR LOSS OF USE; OR (H) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL LBP’S LIABILITY IN CONNECTION WITH A PURCHASE OR PRODUCT EXCEED THE AMOUNTS PAID FOR THE APPLICABLE PRODUCT. TOTAL AGGREGATE LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (A)-(H) ABOVE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
              (b) YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (A)-(H) ABOVE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
              (c) USE IF THE SITE IS AT YOUR SOLE RISK. THE SITE AND PRODUCTS ARE PROVIDED AS AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTY, OR REPRESENTATION REGARDING FITNESS, OR CONDITION, EXPRESS, OR IMPLIED.
              12. Electronic Communications

              When you use the Site or send emails to LBP, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.

              13. Websites of Others

              The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource.

              14.Indemnification/Release

              You agree to defend, indemnify and hold harmless LBP, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any products purchased by you through the Site; (b) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms of Use; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable U.S., Canadian, or foreign law or rights of a third-party.

              15.Force Majeure

              LBP shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of LBP.

              16. Assignment

              You may not assign these Terms of Use, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of LBP. Any attempted assignment that does not comply with these Terms of Use shall be null and void. LBP may assign these Terms of Use, in whole or in part, to any third-party in LBP’s sole discretion.

              17. Entire Agreement

              The Terms of Use, including, without limitation, the incorporated Terms of Sale and other terms incorporated by reference, constitute the entire agreement and understanding between you and LBP with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and LBP with respect to such subject matter.

              18. Choice of Law

              Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or LBP’s services shall be governed by the laws of the State of Florida, without regard to its choice of law rules and without regard to conflicts of laws principles.

              If you reside outside of the United States, LBP and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods as that Convention may be incorporated into applicable law.

              19. Disputes

              (a) Choice of Law and Forum; No Jury Trial. Any dispute or claim between you and LBP arising out of, relating in any way to, or in connection with the Terms of Use, the Site or your use of the Site, or any products through the Site (“Disputes”) shall be resolved first, by contacting LBP at lillybowpeepinfo@gmail.com and including “Dispute” in the subject line of the email or correspondence. If for any reason a Dispute proceeds in court: (i) any such Dispute may only be instituted in a state or federal court in Orange County, Florida; (ii) you and LBP irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and LBP agree that the applicable federal law and the laws of the State of Florida, without regard to principles of conflicts of law, will govern this Dispute and any Disputes; and (iv) you and LBP agree to waive any right to a trial by jury.

               (b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.

              (c) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates Section 6 (“Your Conduct”) of the Terms of Use.

              (d) Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.

              (e) Severability. If any court of competent jurisdiction determines that any part (sentence, paragraph, subsection, or section) of the Site’s Terms of Use is unenforceable, then the remainder of the provisions contained in these Terms of Use shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 18(b) above is ruled to be unenforceable, then Section 18(b) shall be deemed unenforceable, but the rest of Section 18 shall remain in full effect.

              20. Additional Disclosures

              No waiver by either you or LBP of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect.