Welcome to a website operated by Lily Kastur (the “Site”). This Site is intended to provide information about our company and products. It allows you to interact with us, provides you the opportunity to contact us directly and provides you with information and the ability to purchase certain products (“Products”). While we want you to enjoy the experience of visiting our Site, we also want you to understand the terms to which you agree when visiting the Site. References to “we,” “our,” “us” or “Lily Kastur” herein refer to Lily Kastur LLC, an Oregon limited liability company, and our service providers and designees as deemed appropriate by us.
Compliance with Terms
You agree to use the Site only in accordance with the Terms, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means you have registered with us for the Site). The term “User” means a “Visitor” or a “Member.” Please read and save all of the Terms. If you do not agree with the Terms, do not use this Site or any of its features. If you register to become a Member you may be required to indicate your acceptance to these Terms during the registration process.
We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Site. Each time you use the Site you should visit and review the then current Terms that apply to your transactions and use of this Site. Your continued use of the Site after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and Lily Kastur with respect to your use of the Site.
Use of the Site and its features and registration to be a Member (“Membership”) is void where prohibited. By using the Site and its features, you represent and warrant that (a) you are not a minor and may otherwise enter into and form binding contracts under applicable law; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Site and its features does not violate any applicable law or regulation.
The Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Site features or are a Member. Except with respect to any offerings governed by Terms of Service, you may terminate your Membership at any time, for any reason, by providing written notice to us. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, the Terms will remain in effect and you will remain bound by them except that your right to use the Site as a Member will terminate.
If you register to become a Member, you will be asked to enter your email address. You may also be asked to choose a user name and password. If so, you are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your user name and password to log into the Site. You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account so please be vigilant in protecting its confidentiality.
Your Use of the Site
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the Terms, Users have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site and to purchase Products from the Site solely for their own personal use and not for any commercial purpose. You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site.
Tampering with the Site, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
Placing Orders for Products
You may place an order (“Order”) for Products as described on the Site pursuant to these Terms. Lily Kastur reserves the right to accept or reject your Order for any reason at any time. If Lily Kastur rejects your Order, you will receive a refund of any money paid. In addition, Lily Kastur may, in its sole discretion, restrict the quantity of Products which can be purchased in one Order or during a particular period of time or per person or per address. Any applicable quantity restrictions will be stated on the product page or in materials about the relevant promotion or otherwise advised to you.
Lily Kastur will not be liable to you for loss you or any third party suffers for a delay or failure to process your order or deliver Products due to inaccurate or incomplete details provided in an Order. You agree to obtain consent to provide Lily Kastur with any personal information of recipients of gifts or Products that are Ordered by you.
Shipping, Returns, and Exchanges
Orders will be shipped pursuant to Lily Kastur’s current shipping policy. Returns and exchanges may be provided pursuant to Lily Kastur’s current policy regarding returns and exchanges.
Price and Payment
Prices are listed in U.S. Dollars. Payment may be required before the Product is provided and, if not, payment is due from the moment the Order is accepted. After you have submitted our Order, Lily Kastur may take and shall be entitled to receive such payment as is due for the Order. Payment may be made by credit card, debit card or any other such method as Lily Kastur may introduce, at its sole discretion. Lily Kastur reserves the right to accept or refuse any payment made in any form. Lily Kastur cannot guarantee that a particular Product will be available. You will not be charged for any Orders that cannot be fulfilled and if appropriate, Lily Kastur will refund to your account any sum deducted by Lily Kastur. Applicable sales tax will be charged on a total Order, including any shipping and handling fees, if applicable.
The Site contains text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) provided by Lily Kastur, including, without limitation, text, images and logos (“Lily Kastur Content”). Lily Kastur Content is protected by copyright, trademark, patent, trade secret and other laws, and Lily Kastur owns and retains all rights in the Lily Kastur Content and the features and functionality of the Site. Lily Kastur hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Lily Kastur Content (excluding any software code) solely for your personal use in connection with purchasing Products available on the Site.
Lily Kastur is not responsible for and makes no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the Lily Kastur Content, User Content or other Content posted on or through the Site, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Site, or otherwise. The User Content does not necessarily reflect the opinions or policies of Lily Kastur. Profiles and third party applications created and posted by Members on the Site may contain links to other websites. Lily Kastur is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Lily Kastur. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Lily Kastur. When you access these third party sites, you do so at your own risk. Lily Kastur takes no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. Lily Kastur is not responsible for the conduct, whether online or offline, of any User of the Site including, without limitation, any Content posted by any User. Lily Kastur assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Lily Kastur is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall Lily Kastur be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any User Content posted on or through the Site or from the conduct of any Users, whether online or offline. Additionally, Lily Kastur shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.
The Site is provided “AS-IS” and as available and Lily Kastur expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Lily Kastur cannot guarantee and does not promise any specific results from use of the Site.
Limitations of Our Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
You agree to indemnify and hold Lily Kastur, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post or third party transaction that you enter or attempt to enter in connection with the Site.
The Terms will be construed, and their performance enforced, under the laws of Oregon without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in Multnomah County for state court causes of action and in the District of Oregon for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
The Terms are accepted upon your use of the Site or any of its features and is further affirmed upon you becoming a Member (if applicable). The Terms constitute the entire agreement between you and Lily Kastur regarding the use of Site and its services and features. The failure of Lily Kastur to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
Last Modified: December 31, 2017