Terms of service

Lily & Sol LLC Terms of Service

Last updated: January 1, 2025 (“Effective Date”)

Overview

This website (“Website”) is operated by Lily & Sol LLC. Throughout the Website, the terms “Lily & Sol”, “we”, “us” and “our” refer to Lily & Sol LLC. Lily & Sol LLC offers this Website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. BY ACCESSING ANY PART OF THIS WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW AND THE TERMS AND CONDITIONS OF THE LILY & SOL LLC PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THIS WEBSITE.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 – Online Store Terms

By agreeing to these Terms of Service, you represent (i) that you are at least the age of majority in your state or province of residence, or (ii) that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You acknowledge that we may terminate your account, remove any data or content that you have provided and/or disable your access to the Website, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.

These Terms of Service, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Lily & Sol without restriction.

Use of the Website is available only to individuals who are at least 13 years old. If you are not 13 years old or older, you are not authorized to use the Website.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and is not intended to constitute an offer or solicitation. The material on this site should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Although we make reasonable efforts to maintain the accuracy, completeness and usefulness of the information on the Website, any reliance you place on the material on this site is strictly at your own risk. We disclaim all liability and responsibility from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – Products and Services

Certain products or Services may be available exclusively online through the Website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return & Exchange Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in our online store. We cannot guarantee that the display on your computer monitor or other digital device (e.g., cell phone, tablet, etc.) of any color will be accurate. While we do our best to take photos and videos that reflect as closely as possible the true colors and/or textures of our products, there may be variation compared with viewing the products in person. As a result, slight variations should be expected and we cannot guarantee the accuracy of any visual depictions of our products due to such variations.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Although we will do our best to address any customer concerns, we do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – Purchases and Shipping Limitations

All products purchased from or via this Website are transported and delivered to you by an independent carrier not affiliated with, and not controlled by, us. Title to products purchased on this Website, as well as the risk of loss for such products, passes to you once we deliver the applicable items to the carrier.

All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

SECTION 7 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please also review our Return & Exchange Policy.

SECTION 8 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, guarantees, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the Website (including the release of new tools and resources). For the avoidance of doubt, such new features and/or Services shall also be subject to these Terms of Service.

SECTION 9 – Contests and Promotions

Any contests or giveaways described or posted on this Website shall be governed by the specific rules and conditions regulating such event.

Any promotions described or posted on this Website shall be governed by the specific rules and conditions regulating such event. Promotions are not valid for cash and cannot be used in conjunction with another offer. No adjustments will be made to prior purchases and promotions are not valid towards the purchase of gift certificates. Promotions are subject to change or expiration without notice.

SECTION 9 – Third-Party Links

Certain content, products and Services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of such third-party materials or websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third party.

SECTION 9 – User Comments, Feedback and Other Submissions

Content submitted by users of the Website for public view is referred to in these Terms of Service as “User Submissions”. For purposes of these Terms of Service, product reviews, contest entries, creative ideas, suggestions, proposals, plans, or other materials sent to us, whether sent online, by email, by postal mail, or otherwise, all constitute User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that your User Submissions consist entirely of material and/or information that is owned by you, including, but not limited to, any text, music, recordings, illustrations, photographic images, and videographic clips. You further represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorize us to use the User Submissions in the manner contemplated by the Website and these Terms of Service. By submitting a User Submission, you represent and warrant that it does not contain any works, material, or information that is owned or controlled by anyone other than you.

When you submit or upload a User Submission, you agree that (i) all content that you submit is accurate; (ii) your submission is original and you are the sole owner of any intellectual property rights in the submission; (iii) you are a bona fide user of any Lily & Sol product(s) mentioned in your User Submission; (iv) you are not required to be compensated by Lily & Sol for your submission, but to the extent you are or were granted any compensation or consideration (including any discounts, free products, etc.) in exchange for the submission, you will clearly disclose such compensation or any other relationship to Lily & Sol in the User Submission; and (v) we are not required to respond to any User Submissions or comments.

You agree that you shall not submit or upload any User Submission that includes or references any one or more of the following: (i) information known by you to be false, inaccurate, or misleading; (ii) offensive, profane, vulgar, obscene, or inappropriate language or visuals; (iii) defamatory, libelous, or slanderous content; (iv) content which infringes any third party's intellectual property rights and/or any other applicable personal or proprietary rights; (v) content which violates any law, statute, ordinance, or regulation; (vi) content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance, or regulation; (vii) material or content that is, or may reasonably be considered to be, hate speech; (viii) content or materials in which you impersonate another person or entity; (ix) content which includes third party websites, addresses, email addresses, contact information or phone numbers; or (x) programming or materials containing any Trojan horses, computer viruses, worms, harmful code, or other potentially damaging computer programs or files.

We shall have the right, but not the obligation, to monitor or review your User Submission and remove or refuse to post any User Submission on the Website that we deem, in our sole discretion, to violate the content submission guidelines noted above or any other provision of these Terms of Service. We may also suspend or terminate your access to the Website as we deem appropriate in the circumstances.

We cannot guarantee that you will have any opportunity to edit or delete any User Submission that you have submitted. You acknowledge that you, not us, are responsible for the contents of any of your User Submission(s). You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant Lily & Sol an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, post, store, reproduce, distribute, publish, edit, modify, prepare derivative works of, display, and perform the User Submissions (and any edited or modified versions or derivative works) in any media formats now or hereafter created and through any media channels now or hereafter created.

You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. By submitting any User Submission, you also thereby grant to us an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable right to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively, "Personal Content") as contained in your User Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).

Without limiting the foregoing, your submission of a User Submission constitutes your agreement that we are permitted to display the User Submission online for public viewing and/or comment (whether on Lily & Sol’s Website or related social media pages), to incorporate the User Submission in online and offline advertising, marketing, promotional, and/or other commercial materials, and to reproduce, adapt, and distribution the User Submission in all media, whether now known or later developed.

We will have no obligation to post or use any User Submission(s).

You understand that we are relying upon your representations, grants of rights, waivers, and releases in allowing you to submit a User Submission. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in these Terms of Service.

We do not endorse any User Submission, or any opinion, recommendation, or advice expressed therein, and expressly disclaim any and all liability in connection with User Submissions. We reserve the right to remove any User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User's access to the Website for any reason.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or which violates or appears to violate any party’s intellectual property or these Terms of Service.

SECTION 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – Errors, Inaccuracies & Omissions

Occasionally, and although we do our best to avoid such situations, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – International Access

This Website may be accessed from countries other than the United States. The Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States, you are responsible for complying with your local laws and regulations. You understand that by using the Website you consent to having your personally identifiable information collected, used, transferred to and processed in the United States as described in further detail in the Privacy Policy.

SECTION 13 – Intellectual Property Rights

The information and content on this Website, including all photos and textual product descriptions, is protected by law, including U.S. copyright law.

The license provided herein shall automatically terminate on the date we decide to remove or terminate the Website. In addition, your license shall terminate immediately if you breach any of the Terms of Service. We are entitled to enforce our rights under these Terms of Service by an action for damages or by specific performance, injunctive or other equitable relief. These Terms of Service do not limit any rights that we may have under copyright, trademark, patent, trade secret or other laws.

Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the content or the Website. Unauthorized use or copying (including electronic copying or downloading) of the Website and content without our express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.

SECTION 13 – Disclaimer of Warranties; Limitations of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Lily & Sol LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - Indemnification

You agree to indemnify, defend and hold harmless on behalf of yourself and your successors, assigns and representatives, Lily & Sol LLC and each of its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever, including reasonable attorneys’ fees, pursued by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

If you submit a User Submission, you agree to indemnify, defend and hold harmless on behalf of yourself and your successors, assigns and representatives, Lily & Sol LLC and each of its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever, including reasonable attorneys’ fees, arising out of or in connection with the use of such User Submission, including, without limitation, any and all claims for copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain, or interfere with use of the User Submission or your Personal Content embodied in such Submission or the exploitation of any of our rights as noted above.

SECTION 15 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Any such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. In such circumstances, we may accordingly deny you access to our Services (or any part thereof).

SECTION 17 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – Governing Law & Miscellaneous

You agree that the Website shall be deemed a passive service based solely in Florida and shall not give rise to personal jurisdiction over Lily & Sol, either specific or general, in jurisdictions other than Florida, except as provided in the Privacy Policy. These Terms of Service shall be governed by the internal laws of the State of Florida, without regard to its conflict of laws principles, except as provided in the Privacy Policy. Any claim or dispute between you and Lily & Sol that arises in whole or in part from the Website shall be subject to the exclusive jurisdiction of the federal and State courts located in Florida. These Terms of Service, together with the Privacy Policy and any other legal notices published by Lily & Sol on the Website, constitute the entire agreement between you and Lily & Sol concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Lily & Sol’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEBSITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE.

Most communications between Lily & Sol and you will be sent and received electronically. You agree that all agreements, notices, disclosures, and other electronic communication exchanged between you and Lily & Sol shall satisfy any applicable legal requirements that such communications be in writing.

SECTION 21 – Contact Information

Questions about the Terms of Service should be sent to us at support@lilyandsol.com.