DISCLAIMER

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEB SITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, Lilies and Lace DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS PURCHASED THEREBY. Lilies and Lace MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS PURCHASED THEREBY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE THE WEB SITE OR PRODUCTS PURCHASED THEREBY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Lilies and Lace’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL Lilies and Lace BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.


MISCELLANEOUS

You agree that the Web Site shall be deemed a passive service based solely based in North Carolina and shall not give rise to personal jurisdiction over Lilies and Lace, either specific or general, in jurisdictions other than North Carolina. These Terms of Use shall be governed by the internal laws of the State of North Carolina, without regard to its conflict of laws principles. Any claim or dispute between you and Lilies and Lace that arises in whole or in part from the Web Site shall be subject to the exclusive jurisdiction of the federal and State courts located in Wilmington, North Carolina. These Terms of Use, together with the Privacy Policy and any other legal notices published by Lilies and Lace on the Web Site, constitute the entire agreement between you and Lilies and Lace concerning the Web Site. If any provision of these Terms of Use 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 Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Lilies and Lace's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

To the fullest extent permitted by applicable law, NO CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEB SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you be instituted more than three (3) years after the cause of action arose.

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