Terms of Services
OVERVIEW
This website is operated by Lalibelo LLC d/b/a lemlem (“lemlem”). As used herein, the terms “we”, “us” and “our” refer to lemlem. lemlem 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 here.
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 THIS SITE AND / OR PLACING ANY ORDER WITH LEMLEM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, A CLASS ACTION WAIVER, AND A CHOICE OF NEW YORK LAW. 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.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
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).
A breach or violation of any of the Terms will result in an immediate termination of your access to the Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
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.
Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the lemlem logo and all designs, text, graphics, trademarks, pictures, information, data, software, sound files, and / or other files related thereto and /or associated therewith and the selection and arrangement thereof (“lemlem Content”) are and shall remain the sole and proprietary property of lemlem, or our affiliates and / or licensors.
Notwithstanding anything to the contrary in these Terms, the Service may include software components provided by lemlem or our affiliates or a third party that are subject to separate license terms, in which case those license terms will govern the usage of such software components.
You agree not to download, display or use any lemlem Content for use (a) in any publications, (b) in public performances, (c) in connection with products or services that are not those of lemlem, and/or (d) in any other manner that is likely to cause confusion among consumers, that dilutes the strength of lemlem’s or its licensor's intellectual property, or that otherwise infringes lemlem’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any lemlem Content or third party content that appears on this site.
You also may not create, recreate, distribute, or advertise an index of any significant portion of the content posted on the Service. You may not seek to develop, build, or otherwise promote a business, product, or service utilizing the Service or any content posted there, whether or not for profit. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Service or any content posted there, including without limitation montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, for profit or otherwise, unless it is expressly permitted by lemlem in writing.
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 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. Any reliance on the material on this site is at your own risk.
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 OR 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 Policy.
We have made efforts to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or our 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 anytime 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. 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 - 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 e-mail 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 detail, please review our Terms of Purchase (Section 8 below).
SECTION 7 - 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, 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 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). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – TERMS OF PURCHASE
1. Ordering Process
You may place an order for Products on the site by selecting the Products you wish to purchase and adding them to your cart. Once you have finished shopping, you can proceed to checkout to complete your order. At checkout, you will be asked to provide certain information, including your name, shipping address, billing address, and payment information. Once you have provided this information and confirmed your order, your order will be submitted to us for processing.
All advertisements on the site are invitations to purchase and not offers to sell. lemlem reserves the right, at its sole discretion, to accept or reject the order once the order form has been completed and submitted.
Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your purchase. Such e-mail is a confirmation that your order has been received by lemlem but does not constitute acceptance of your order. lemlem reserves the right at any time after receipt of your order to accept or decline your order for any reason. In the event that your order is not accepted by us, lemlem will contact you at the e-mail address provided in the order form.
2. Availability
The purchase of products on the site is subject to availability. In the event that lemlem advises you that such products are no longer available, lemlem will have no obligation to fulfill your order and you will have no obligation to pay lemlem for the order. All descriptions, images, references, features, content, specifications, products and prices of products described or depicted on the site are subject to change at any time without notice.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
3. Price
All prices for Products are listed either in US dollars or other currency as determined by your location or as selected by you and are exclusive of applicable taxes and shipping charges. Payment must be made at the time of purchase by credit card or another payment method accepted by the site. You agree to pay lemlem the amount set out as the “TOTAL” in your order summary as part of the “Payment” step. The total amount includes shipping and handling fees and all applicable taxes.
We reserve the right to change the prices for Products at any time without prior notice.
4. Methods of Payment
When placing an order, your billing address must correspond to the address of your credit card, otherwise we will not be able to process your order. On the site (including its mobile version), you may pay for your purchase using a valid VISA, MasterCard, Discover, American Express card, as well as third party payment systems, including PayPal, Apple Pay, Google Pay, Shop Pay and Afterpay. You authorize lemlem to charge the applicable payment method for the Total and you represent and warrant that you are the cardholder/accountholder of the method of payment. If your payment is rejected by the issuer, your order will not be shipped and lemlem will have no obligation to fulfill your order.
You agree to pay all charges that may be incurred by you or on your behalf through the site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transaction(s). The relevant time for determining the charges applicable to a specific order is the time the applicable order is placed.
5. International Orders
Orders that are to be delivered to an address outside of the United States (each, an “International Order”) are processed by our third party business partner, Global-e U.K. Limited (“Global-e”). When placing an International Order, you acknowledge and agree that Global-e will be the merchant of record and the information you provide in connection with the order will be collected by both lemlem and Global-e and your purchase is subject to both these Terms and the Global-e Terms of Sale. With the exception of the Return Policy set forth in Section 8(G) below, in the event of a conflict between these Terms and the Global-e Terms of Sale, the Global-e Terms of Sale shall govern only with respect to the extent of such conflict and only in connection with International Orders. Notwithstanding anything to the contrary in the Global-e Terms of Sale, International Orders are ineligible for return.
6. Shipping and Delivery
We use a third party shipping service provider to deliver your order. During the checkout process, you will have the ability to select the method of shipping you prefer. We will use reasonable efforts to ship the Products to you within the estimated delivery timeframes provided at checkout. However, we cannot guarantee delivery times or dates, and we are not responsible for any delays or failures in delivery caused by events beyond our reasonable control, including, but not limited to, strikes, weather and natural disasters, pandemics, or transportation interruptions. Your order will be shipped to the delivery address specified by you during the order process. lemlem is not responsible for any loss of the products following shipment from lemlem.
7. Returns and Exchanges
Except with respect to International Orders (which are not returnable), all eligible merchandise, excluding items marked as “Final Sale”, may be exchanged or returned for a full refund to our warehouse within fourteen (14) days of the original purchase date when accompanied by the original sales receipt. Items marked as “Final Sale” and items sold with an item-specific discount cannot be exchanged or refunded. All International Orders are considered Final Sale and cannot be exchanged or refunded.
A refund may only be made in the same currency as the original purchase. All returned merchandise must be in perfect saleable condition, unworn, unwashed, undamaged and with all tags attached. All swim items must have their hygienic liners attached, as well as merchandise tags. We reserve the right to refuse returns on merchandise that does not meet these policy requirements.
To initiate a return, visit returns.lemlem.com. You may request a prepaid return label for a non-refundable fee as described at www.lemlem.com/pages/returns-exchanges. Once our warehouse processes the return, we will provide you with a refund to the payment method you used to make the purchase, excluding the original shipping fee you paid (and any applicable prepaid return label fee). Please note this may take up to 14 business days to complete following processing of the return.
SECTION 9 – LOOMS REWARDS
The terms set forth in this Section 9 are referred to as the “Rewards Program Terms.” The Looms Rewards loyalty program (the “Rewards Program”) ends when terminated in the sole discretion of lemlem (the “Rewards Program Period”). lemlem’s computer is the official time keeping device for this Rewards Program. All Points (as hereafter defined) must be redeemed during the Rewards Program Period. You should not rely upon the continued availability of the Rewards Program or any Points accumulated in connection therewith. lemlem may, at its sole discretion, extend the Rewards Program beyond any expiration or termination date set forth above or otherwise. VOID WHERE PROHIBITED. LEMLEM RESERVES THE RIGHT TO MODIFY OR TERMINATE THE REWARDS PROGRAM IN ANY MANNER, IN WHOLE OR PART, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF THE POINTS ALREADY ACCUMULATED.
1. Eligibility
The Rewards Program is open only to legal residents of one of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry. Officers, directors and employees of lemlem and its subsidiary and affiliated companies, distributors, authorized retailers, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Rewards Program (collectively, "Rewards Program Parties") and the immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate in the Rewards Program or redeem Points (defined below). No groups, clubs, newsletters or organizations may participate in this Rewards Program on behalf of the group, club or organization.
2. Registration
Register for the Rewards Program via the Internet by visiting the Looms Rewards page during the Rewards Program Period. To register, once at the Rewards Website, follow the on-screen instructions by providing the information requested, which may include, but may not be limited to, user name, first name, last name, mailing address (no P.O. Boxes accepted), email address, and password (“Account”). Limit one (1) Account per person/e-mail address. Anyone found attempting to use multiple/different Accounts, email accounts, identities, registrations, or logins, or otherwise attempting to obtain more than the stated limit of Accounts may be deemed ineligible, disqualified, and their Accounts may be cancelled, and all corresponding Points may be void, in lemlem’s sole discretion. Only the individual named as the primary Account holder will accrue Points and will be entitled to access to the Account. Points may not be combined from different Accounts for any purpose. Each participant shall have the responsibility of ensuring that his or her Points are properly credited by following the process set forth in paragraph D below. lemlem reserves the right to invalidate Points from an Account if it determines that such Points were improperly credited to such Account or obtained fraudulently or otherwise in violation of these Rewards Program Terms. Points do not constitute property, do not entitle a participant a vested right or interest, and have no cash value. As such, Points are not redeemable for cash, transferable, descendible, or assignable for any reason.
3. How to Earn Points
Earn Points on Qualifying Purchases: During the Rewards Program Period, registered Account holders will be able to receive rewards points ("Point(s)") when the Account holder makes a "Qualifying Purchase," which is defined as an online purchase of a qualifying lemlem product. International Orders are not Qualifying Purchases. To receive Points, make a Qualifying Purchase using your Account and your Account will be credited with the Points. You should save your receipts from Qualifying Purchases for six months from the date of purchase on each applicable receipt, as lemlem reserves the right to request, in lemlem 's sole discretion, receipts for verification purposes. If any Qualifying Purchase is returned or refunded for any reason, the points earned form the Qualifying Purchase will be deducted from your account.
Additional Methods of Obtaining Points: During the Rewards Period, Account holders can also earn points by completing certain activities (“Qualifying Activities”). Qualifying Activities are listed on the Rewards Website and may be update, changed, or discontinued at any time. Please check the Rewards Website for complete list of the Qualifying Activities at any given time.
Earning Frequency for Qualifying Purchases: Except as otherwise communicated by lemlem in lemlem’s sole discretion from time to time, Account holders may earn 1 Point for each $1 USD spent on Qualifying Purchases. Points are not awarded any tax, shipping, or other fees.
4. Redeem Points
Subject to lemlem’s right to add, delete, or otherwise make changes to the Points structure and the rewards offered in connection with the Rewards Program, Points may be redeemed for discounts on future purchases (“Discounts”) at the following intervals:
See Rewards Website for further details on how to redeem Points. Once redeemed, the Discount will be automatically applied to your next purchase. You cannot combine one or more Discounts with another Discounts or coupon. A single Discount can only be used for a single transaction and has not carry-over or left over value. If you chose to use the Discount and your total purchase price is lesser then the amount of the Discount, your entire discount will be used for that transaction and no portion will be left over or carried over in your Account.
5. Modification/Termination
The Rewards Program structure is subject to modification, termination, or limitation at any time, and lemlem expressly reserves the right to establish additional means of accruing Points, to delete any or all of the currently recognized means of accruing Points, to exclude specific types of transaction therefrom or to make Points selectively available to certain participants based upon factors in its sole discretion. Additionally, the Rewards Program is offered at the discretion of lemlem and it reserves the right to modify the Rewards Program Terms, Point redemption values, benefits, lemlem promotion (if any), conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting Points or any other aspect of the Rewards Program, in whole or part, at any time, even though such changes may affect the redemption value of the Points already accumulated. If for any reason lemlem determines in its sole discretion that the Rewards Program, or any aspect thereof, is no longer capable of running as intended by these Rewards Program Terms for any reason whatsoever (including, without limitation, any occurrences described in these Terms or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Rewards Program), lemlem, at its sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Rewards Program in whole or in part, including without limitation, any means of entry, at any time.
Points may expire, in lemlem sole and absolute discretion. Participants must redeem and use all Points before expiration, or the effective date of termination, or those unused Points shall be forfeited. To the extent permitted by applicable law, if any Account is inactive for a two (2) year period (inactivity defined as no Points added or redeemed to/from a Rewards Program Account for two (2) years), participants acknowledge and agree that lemlem may, in its sole and absolute discretion, terminate such Account and any Points associated with such Account. lemlem is not obligated to provide, and will not provide, notice of such inactivity or termination to participants. lemlem reserves the right, at any time, to revise the inactive period causing termination from two (2) years.
6. Conduct
By participating in this Rewards Program, participants agree to be bound by these Rewards Program Terms and the decisions of the lemlem, which shall be final and binding in all respects. Failure to comply with these Rewards Program Terms may result in disqualification. lemlem reserves the right at its sole discretion to disqualify any individual from participating in any aspect of Rewards Program, and/or may cancel, suspend or block any Account registered by such person (and void any associated Points) if, in its reasonable opinion, lemlem deems or suspects that such person has engaged in or has attempted to engage in any activity deemed in the sole discretion of lemlem to be generally inconsistent with the intended operation of the Rewards Program or in violation of these Terms
To the maximum extent permitted by law, all participants, as a condition of participation in this Rewards Program, agree to release lemlem and Rewards Program Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Rewards Website, registering an Account, or otherwise participating in any aspect of the Rewards Program, the receipt, ownership or use/misuse of any lemlem promotion prize awarded (if any) or any item or product redeemed with participant’s Points, or any typographical or other error in these Rewards Program Terms or other Rewards Program materials (including, without limitation, on any site).
SECTION 10 - 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 examining or evaluating the content or accuracy 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 third-party.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
On certain areas of our site, you may have the ability to provide us with personally identifiable information. Please read our Privacy Policy found at www.lemlem.com/pages/privacy-policy for more information about our information collection and use practices.
SECTION 12 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, view our Privacy Policy here. For International Orders, your personal information is also governed by Global-e’s Privacy Policy, which can be found here.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally 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 14 - 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; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, harm, defame, slander, 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 15 - DISCLAIMER OF WARRANTIES; LIMITATION 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 made available or delivered to you through the service are 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 lemlem OR THE LEMLEM PARTIES (AS HEREAFTER DEFINED) 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 purchased or 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 16 - INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless lemlem, and our respective past, present, and future employees, interns, officers, directors, contractors, licensors, suppliers, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “lemlem Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, expenses (including, without limitation, reasonable attorneys’ fees), and liabilities of every kind, and nature whatsoever, whether known or unknown, that are caused by, arise out of, or are related to (a) your misuse of the Services, (b) your violation or breach of these Terms, and / or (c) your violation of any right(s) of any third party. You agree to promptly notify lemlem of any claims(s) and shall cooperate fully with the lemlem Parties in defending such claims. You further agree that the lemlem Parties shall have control of the defense or settlement of any third party claims.
SECTION 17 – CLASS ACTION WAIVER
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
SECTION 18 - 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 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 site. 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; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 - 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 21 - 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 New York without regard to its conflict of laws principles.
SECTION 22 - 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. 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 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].