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Terms of Use

WEBSITE TERMS OF USE

 

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of our site, you agree to be bound by these Terms of Use. 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.

Agreement between user and www.pinklemonaidstand.org

Welcome to Pink Lemonaid’s website: www.pinklemonaidstand.org. The Pink Lemonaid website (the "Site") is comprised of various web pages operated by Pink Lemonaid. www.pinklemonaidstand.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.pinklemonaidstand.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.pinklemonaidstand.org is a Nonprofit E-commerce Site

Pink Lemonaid is a nonprofit 501(c)(3) organization dedicated to raising breast cancer awareness. Pink Lemonaid's site will annually release garments for sale online and profits will be donated to other nonprofit breast cancer organizations.

Privacy

Your use of www.pinklemonaidstand.org is subject to Pink Lemonaid's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.pinklemonaidstand.org or sending emails to Pink Lemonaid constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Pink Lemonaid does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.pinklemonaidstand.org only with permission of a parent or guardian.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to the USA and subject to any delays resulting from postal delays which we will not be responsible.

In order to contract with Pink Lemonaid you must be 18 years of age or over and possess a valid credit or debit card issued by a bank acceptable to us. Pink Lemonaid retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. Due to the seasonal, limited availability of Pink Lemonaid products, a contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

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).

Pink Lemonaid has made every effort to display our products and colors as accurately as possible. The displayed colors of each product depend on the user’s monitor and Pink Lemonaid can’t guarantee that the user’s monitor will accurately portray the actual colors of the products.

You agree to these terms by shopping on www.pinklemonaidstand.org

Links to Third Party Sites/Third Party Services

www.pinklemonaidstand.org may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Pink Lemonaid and Pink Lemonaid is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pink Lemonaid is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pink Lemonaid of the site or any association with its operators.

Certain services made available via www.pinklemonaidstand.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.pinklemonaidstand.org domain, you hereby acknowledge and consent that Pink Lemonaid may share such information and data with any third party with whom Pink Lemonaid has a contractual relationship to provide the requested product, service or functionality on behalf of www.pinklemonaidstand.org users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.pinklemonaidstand.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Pink Lemonaid that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Pink Lemonaid or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Pink Lemonaid content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Pink Lemonaid and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Pink Lemonaid or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your Pink Lemonaid account to third party accounts. By connecting your Pink Lemonaid account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Pink Lemonaid from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Pink Lemonaid Content accessed through www.pinklemonaidstand.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Pink Lemonaid, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Pink Lemonaid reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pink Lemonaid in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PINK LEMONAID AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PINK LEMONAID AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PINK LEMONAID AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PINK LEMONAID AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PINK LEMONAID OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Pink Lemonaid reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pink Lemonaid as a result of this agreement or use of the Site. Pink Lemonaid's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pink Lemonaid's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Pink Lemonaid with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pink Lemonaid with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pink Lemonaid with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Pink Lemonaid reserves the right, in its sole discretion, to change the Terms under which www.pinklemonaidstand.org is offered. The most current version of the Terms will supersede all previous versions. Pink Lemonaid encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Pink Lemonaid welcomes your questions or comments regarding the Terms:

Pink Lemonaid

P.O. Box 13431

Los Angeles, California 90013

Email Address: hello@pinklemonaidstand.org

Telephone number: 323-641-3431

 

 

Effective as of September 01, 2016