Effective Date: December 16th, 2024

 

These Terms of Use (the “Terms”) govern your access to and use of LilyandFoster.com, as well as any other websites, mobile applications, online services, or interactive features that link to these Terms (collectively, the “Sites”), regardless of the means by which they are accessed. The Sites are operated by Lily and Foster, LLC, or one of its affiliates or subsidiaries (collectively, “Lily and Foster,” “L&F,” “we,” “us,” or “our”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITES.

From time to time, we may offer certain products, services, or features on the Sites that are subject to additional terms and conditions. In the event of a conflict between these Terms and any such additional terms, the additional terms shall control with respect to the specific product, service, or feature to which they apply.

You are also advised to review our Privacy Policy to understand how we collect, use, store, and safeguard your personal information in connection with your use of the Sites.

These Terms are effective as of the Effective Date noted above or, where legally required, thirty (30) days following notice to you. Your continued use of the Sites after such notice shall constitute your acceptance of any updated Terms.

We reserve the right, in our sole discretion, to modify or amend these Terms at any time. Any changes will be effective immediately upon posting unless otherwise required by applicable law. It is your responsibility to review the Terms regularly. Your continued use of the Sites following the posting of revised Terms constitutes your binding acceptance of such changes.

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User Responsibilities

By accessing or using the Sites, you represent, warrant, and agree that:

• You are at least eighteen (18) years of age, or you have obtained verifiable consent from a parent or legal guardian;

• You will provide accurate, current, and complete information when requested;

• You will use the Sites solely for lawful purposes and in compliance with these Terms;

• You will not interfere with, disrupt, or attempt to compromise the security or functionality of the Sites, or any servers, systems, or networks connected thereto.

Intellectual Property Rights

Your Content

If you submit manuscripts, communications, or other content (“User Content”) to Lily & Foster, you acknowledge and agree as follows:

• You retain full ownership rights in and to your original creative work;

• You hereby grant Lily & Foster a limited, non-exclusive, royalty-free, worldwide license to access, review, edit, and provide feedback on the submitted materials solely for the purpose of delivering our editorial services;

• Lily & Foster does not claim ownership over your intellectual property;

• You are solely responsible for ensuring that you have all necessary rights, licenses, and permissions to submit any User Content.

Our Content

All content, features, and functionality available through the Sites—including but not limited to text, graphics, logos, designs, audio, video, and software—are owned by or licensed to Lily & Foster and are protected by United States and international copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, transmit, display, perform, modify, create derivative works from, or otherwise exploit any part of the Sites or their content without the prior written consent of Lily & Foster.

Privacy and Data Protection

Your privacy is important to us. Our practices concerning the collection, use, and protection of your personal information are governed by our Privacy Policy, which is incorporated herein by reference. By using the Sites, you acknowledge and consent to the data practices described in the Privacy Policy.

Disclaimers and Limitations

Service Availability

Lily & Foster endeavors to maintain continuous and secure access to the Sites; however, we do not guarantee that the Sites will be available at all times. We reserve the right to modify, suspend, or discontinue any aspect or feature of the Sites at any time, with or without notice and without liability.

Editorial Services

Lily & Foster provides editorial services with diligence and professional care. However, you acknowledge and agree that:

• We make no guarantees or warranties, express or implied, regarding publication success, sales performance, or market reception of your work;

• Editorial feedback is inherently subjective and reflects professional opinion only;

• You remain solely responsible for any decisions relating to the publication or distribution of your content.

Limitation of Liability

To the maximum extent permitted by applicable law, Lily & Foster and its officers, directors, employees, affiliates, and agents shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, loss of data, or business interruption, arising out of or in connection with your use of the Sites or our services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.

Termination

Lily & Foster reserves the right, in its sole discretion, to suspend or terminate your access to the Sites at any time, with or without cause, and with or without notice. You may discontinue your use of the Sites at any time.

Upon termination:

• Your right to access or use the Sites shall immediately cease;

• Any User Content submitted to us shall be handled in accordance with our Privacy Policy;

• Any provisions of these Terms that by their nature should survive termination (including, without limitation, intellectual property provisions, limitations of liability, and dispute resolution terms) shall so survive.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles. You agree that any dispute arising out of or relating to these Terms that is not subject to arbitration shall be brought exclusively in the state or federal courts located in New York County, New York. You hereby irrevocably consent to the personal jurisdiction and venue of such courts.

Dispute Resolution; Arbitration Agreement

IF YOU OR LILY & FOSTER HAVE A DISPUTE OR CLAIM (A “CLAIM”) ARISING OUT OF OR RELATING IN ANY WAY TO THE PRODUCTS, SERVICES, INTELLECTUAL PROPERTY, CONTENT CREATION, REVISIONS, EDITING, OR THESE TERMS—AND THAT CLAIM CANNOT BE RESOLVED THROUGH INFORMAL DISCUSSION—YOU AND WE AGREE TO RESOLVE IT THROUGH INDIVIDUAL BINDING ARBITRATION OR AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT.

Class actions and class arbitrations are strictly prohibited. Claims may not be consolidated with those of any other party. You and we further agree that:

• The applicable law for this arbitration provision shall be determined by the relevant jurisdiction;

• Both parties expressly waive the right to a jury trial;

• This Dispute Resolution; Arbitration Agreement section shall survive termination of these Terms;

• Any prior arbitration agreement between the parties shall be superseded by this one.

We strongly encourage resolution of disputes through direct, good-faith communication before initiating any formal legal process.

 

To begin that process, please contact us at: contact@lilyandfoster.com

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Mandatory Pre-Arbitration Notice & Informal Dispute Resolution Procedure

Before initiating arbitration or filing a small claims court action, the party asserting a claim must first send the other party a written notice of dispute (“Notice”) and make a good-faith effort to resolve the matter informally.

A Notice from you to Lily and Foster must:

• Be sent by email to: [contact@lilyandfoster.com]

• Include your full name, mailing address, and email address;

• Clearly describe the nature and basis of your claim, including any relevant facts (e.g., intellectual property, revisions, or editorial services);

• State the relief or damages sought, including a detailed calculation;

• Include a statement, personally signed by you (not your counsel), attesting to the accuracy of the Notice and that the claim is individualized.

Once available, our designated mailing address for legal notices will be published on this page. Until then, please contact us at the email address above for any formal correspondence.

No arbitration or small claims court action may be initiated unless both parties have made reasonable efforts to resolve the dispute in good faith.

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Arbitration Procedure

Arbitration shall be conducted by a recognized provider such as National Arbitration & Mediation (“NAM”), pursuant to its Comprehensive Dispute Resolution Rules and Procedures and Supplemental Rules for Mass Arbitration Filings (collectively, the “NAM Rules”), as modified herein.

Arbitration may be administered by NAM or another mutually agreed-upon provider. If the parties are unable to agree, the court may appoint an arbitrator under 9 U.S.C. §5.

NAM’s rules and filing materials can be accessed at www.NAMADR.com or by calling 1-800-358-2550.

The party initiating arbitration must provide a certification of compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure, and the arbitration demand must be signed by the party personally and, if applicable, by legal counsel.

The arbitrator will decide all issues, including the scope and enforceability of this Arbitration Agreement. Any final decision will include a reasoned written explanation and shall apply only to the parties involved, without preclusive effect on others.

Counsel in arbitration certifies, pursuant to Federal Rule of Civil Procedure 11(b), that all claims are asserted in good faith and not for an improper purpose. The arbitrator may impose sanctions accordingly.

The arbitrator may award any remedy available under applicable law, including attorneys’ fees and costs where permitted. Each party shall generally bear its own legal costs unless the arbitrator finds a claim or defense to be frivolous or improperly motivated.

Venue: Any in-person hearings shall be held in the U.S. county (or parish) of your residence, or in New York, New York. Intellectual property or authorship disputes shall be held in a mutually agreed-upon location.

Discovery

Each side may take a maximum of one fact witness deposition, unless additional depositions are justified based on:

• The complexity and scope of the dispute;

• The amount in controversy;

• The number of parties or issues involved;

• Whether the claims appear meritorious on their face.

Document discovery shall be limited to materials directly relevant to the dispute and must avoid overly broad or burdensome phrasing such as “all documents relating to…”.

Discovery requests involving creative materials (e.g., manuscripts, drafts, revisions) must be specifically tailored to the issues at hand.

Confidentiality

Upon request, the arbitrator shall issue a protective order requiring that all confidential or proprietary information—including manuscripts, drafts, or intellectual property—be used solely for the arbitration and not disclosed outside the proceeding. Any related court filings must be submitted under seal to the maximum extent permitted by law.

Settlement Offers

Either party may present a written settlement offer prior to arbitration or dispositive motion. Such offers shall not be disclosed to the arbitrator until after a final award is rendered. In disputes involving creative content, such offers may include terms for return or modification of the submitted materials.

If the final award is less favorable than the defending party’s offer, the opposing party may be liable for post-offer legal fees and costs.

Mass Filing Procedures

If 25 or more claimants represented by the same or coordinated counsel file similar arbitration demands against Lily and Foster (a “Mass Filing”), the NAM Mass Filing Rules shall apply. The parties shall meet and confer to reasonably modify procedures, including a staged arbitration process.

Tolling: The applicable limitations period and filing fee deadlines will be tolled once valid pre-arbitration notice is given.

Staged Arbitration Process

Stage One:
Each side selects 25 claims to proceed in individual arbitration (50 total). Intellectual property disputes will be prioritized. Remaining claims are paused.

Global Mediation:
After Stage One, parties participate in mediation with a retired judge (L&F pays mediation fee).

Stage Two:
If unresolved, each side selects 50 additional claims for arbitration (100 total). Another round of mediation follows.

Stage Three:
If still unresolved, each side selects 100 claims for arbitration (200 total). Claimants may request another mediation session.

Remaining claims will not proceed unless selected in a future staged round.

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If your claim is not resolved as part of the staged process identified above, either:

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Option One:

You and Lily and Foster may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Terms. You may opt out of arbitration by sending Lily and Foster your individual, personally signed notice of your intention to opt out by certified mail or other trackable delivery method addressed to:

Lily and Foster, LLC
[Mailing Address Coming Soon — Please Contact contact@lilyandfoster.com for instructions]
Attn: Legal Department

Such an opt-out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. Lily and Foster may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30-day opt-out period. Counsel for the parties may agree to adjust these deadlines.

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Option Two:

If neither you nor Lily and Foster elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims is adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with NAM (including through a Procedural Arbitrator, as that term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims that are settled through mediation or otherwise resolved, and adjust the timing of filings and hearings as necessary to meet the evolving needs of the parties.

Intellectual Property & Creative Works
By submitting content to Lily and Foster for editing, revision, or enhancement, you acknowledge that you retain the rights to your original work. However, you grant Lily and Foster a worldwide, irrevocable, perpetual, transferable, royalty-free license to use, modify, adapt, or otherwise edit your content as part of our services. This includes the right to create derivative works and use the edited content in connection with our marketing or promotional materials, unless otherwise agreed upon in a separate written agreement. You further acknowledge that any derivative works created by Lily and Foster during the editing process may be used for commercial or promotional purposes, unless explicitly agreed otherwise.

Enforcement of Mass Filing Provisions
If, at any time, 25 or more claimants submit Notices or seek to file demands for arbitration raising similar claims against Lily and Foster, related to issues such as copyright, authorship, editing services, or intellectual property, you and Lily and Foster agree that the Mass Filing provisions will apply. A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with these Terms.

Both you and Lily and Foster acknowledge and agree to act in good faith to ensure that any disputes, especially those related to intellectual property or content revisions, are handled fairly and efficiently. The parties further agree that these Mass Filing procedures have been designed to ensure the fair and orderly resolution of multiple claims, should such claims arise.

Severability
If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The other portions of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.

OWNERSHIP OF SITE CONTENT
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Sites, including past, present, and future versions, domain names, source and object code, and the "look and feel" of the Sites ("Site Content") are owned, controlled, or licensed by Lily and Foster, its subsidiaries, or affiliates, and are protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties.

User-Submitted Content:
When you submit content (including manuscripts, writings, ideas, etc.) to Lily and Foster for editing, revision, or enhancement, you retain ownership of your original work, subject to the rights you grant us as outlined in these Terms. However, by submitting your content for our services, you grant Lily and Foster a worldwide, irrevocable, royalty-free, transferable license to modify, adapt, use, and distribute your content, including for promotional, commercial, and other purposes related to the provision of our services. This license is necessary to allow us to perform the services you have requested, including editing and revising your content.

YOUR LICENSE TO USE SITE CONTENT ON OUR SITES
You may visit our Sites without further permission from Lily and Foster, and Lily and Foster grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to download, view, and play the Site Content, except as may be specifically restricted by purchase or similar requirements. This license is subject to your full compliance with these Terms. When you download or use the Site Content, you must:
(a) keep intact all copyright and other proprietary notices;
(b) make no modifications to the Site Content; and
(c) not copy or adapt any object code associated with the Sites or reverse engineer, modify or attempt to discover any source code associated with the Sites, nor allow or assist any third party to do so (whether or not for your benefit).

You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage).

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SOCIAL DISTRIBUTION AND WIDGETS
Lily and Foster may allow you—only with express written permission—to engage in personal uses of Site Content that include the ability to share Site Content with others ("Social Distribution"). For example, we may provide functionality to allow you to send Site Content to friends, display Site Content on your personal website, or post Site Content on third-party sites. These permissions are granted solely at the discretion of Lily and Foster and may be revoked at any time, for any reason.

You agree that any social distribution of Site Content is subject to the following conditions:

• No Affiliation: You may not make claims, statements, or promises on behalf of Lily and Foster, nor imply any affiliation, endorsement, or approval by Lily and Foster unless explicitly authorized in writing.

• No Commercial Use: You are prohibited from using Site Content for any commercial purposes unless explicitly granted permission by Lily and Foster.

• Revoke Permission: We reserve the right to revoke our permission for Social Distribution at any time, and you agree to cease all distribution immediately upon notice and comply with any additional terms we post regarding the distribution of Site Content.

Similarly, Lily and Foster may provide content that you can embed on your personal website, third-party website, or social networking site through code (e.g., embed code or Widgets). These Widgets are also considered Site Content and are subject to the same limited, revocable license described above.

You agree that our permission to use Widgets does not grant you any intellectual property rights in or to the Widget or any Site Content provided via the Widget. We may disable or discontinue any Widget or service necessary for its operation at any time, without liability.

NOTICE TO THIRD-PARTY SITES: Any Site Content made available on third-party websites or social media platforms by our Widgets or other third-party tools is our exclusive property. You acknowledge that no intellectual property rights are granted by us in relation to this content, and we retain the right to demand that you cease any unauthorized use of our Site Content upon notice.

REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use the Sites for any purpose that infringes upon the intellectual property rights of others. Lily and Foster encourages you to report any content on the Sites that you believe infringes your intellectual property rights, including copyrights, trademarks, and other proprietary rights.

To report a violation of your intellectual property rights, you must be the rights owner or authorized to act on their behalf. In accordance with the Digital Millennium Copyright Act (DMCA), Lily and Foster provides a designated agent to receive notifications of alleged copyright infringements. We follow the DMCA’s notice and takedown procedure for handling such claims.

If you believe your copyright, trademark, or other intellectual property has been infringed on Lily and Foster, please provide our Copyright Agent with the following information:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner or other intellectual property rights owner.

• Identification of the copyrighted work or other intellectual property that is claimed to have been infringed, or if multiple works are involved, a representative list of such works.

• Identification of the material that is alleged to be infringing, and information reasonably sufficient to allow us to locate the material.

• Your contact information, including a phone number, email address, and physical address.

• A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law.

• A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the intellectual property rights being infringed.

If you believe content violates your rights other than copyright, please send the following:

• A signature or the equivalent.

• Identification of the content and an explanation of your rights.

• A description of why you believe the content infringes your rights.

• Your contact information.

Please send claims of infringement or other intellectual property issues to Lily and Foster at:
Name: Lily & Foster
Email: contact@lilyandfoster.com

Note: This contact information is only for inquiries related to intellectual property and copyright infringements. For other inquiries, please use the relevant customer support channels.

We take violations seriously and may terminate the accounts of users who are repeat infringers at our discretion.

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INFORMATION AND CONTENT YOU SUBMIT
The Site may provide you the opportunity to post content publicly ("Community Forums"), including, without limitation, on "Discussion Boards" in connection with user reviews, contests, promotions, or other interactive features on the Sites. The Community Forums allow users to post content (including, without limitation, photographs, writings, pictures, data, questions, comments, and suggestions) and exchange information, ideas, opinions, and input data, send e-mails, answer questions, or otherwise communicate with Lily and Foster and Site users through the Sites (collectively, "User Content").

Except as otherwise described in the posted Privacy Policy or other agreement on a Site where you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned.

You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Lily and Foster the license below. Upon Lily and Foster's request, you will furnish Lily and Foster any documentation, substantiation, or releases necessary to verify your compliance with these Terms.​

EDITING, REVISING, AND COMMERCIAL USE OF USER CONTENT
By submitting User Content, including manuscripts, writings, or other creative works, to Lily and Foster, you grant us a worldwide, irrevocable, perpetual, transferable, royalty-free license to use, modify, edit, revise, or otherwise adapt your content in any manner we see fit, including for commercial purposes. This includes the right to:

• Edit, revise, or improve your content, including rewriting, restructuring, and formatting.

• Create derivative works based on your original submission.

• Use your content in connection with the provision of services, including but not limited to showcasing our work, promotional materials, or examples of the services we offer.

• Use the modified or revised content for commercial, marketing, or promotional purposes, including publishing or distributing your content on our Site, in advertisements, or through other media channels, unless otherwise agreed upon in a separate contract.

This grant of rights is necessary to enable us to deliver our editing, revision, and content enhancement services. You acknowledge that by submitting your content, you are giving Lily and Foster full rights to modify, adapt, and use your content as part of our service offerings, including for commercial, promotional, or other purposes, unless you specify otherwise in a separate written agreement. By paying for any services provided by Lily and Foster, you explicitly consent to these terms.

You further agree that Lily and Foster is free to use any ideas or concepts contained in your User Content for any purpose, including, without limitation, developing, manufacturing, marketing products and services, and creating informational articles, without any payment to you. You authorize Lily and Foster to publish your User Content in a searchable format accessible to users of the Sites and the Internet.

To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if altered in ways not agreeable to you.

You acknowledge that Lily and Foster may be working on or developing material similar or identical to your User Content and may have received similar intellectual property rights from others. Lily and Foster owes you no obligation related to your submissions unless we enter into a separate written agreement.

You agree Lily and Foster has no obligation to monitor or enforce your intellectual property rights to your User Content but reserves the right to protect and enforce its and its licensees' rights. Lily and Foster may, at its discretion, monitor, display, accept, or delete your User Content at any time.

NON-DISCLOSURE AGREEMENT (NDA) OPTION
We recognize the importance of privacy and confidentiality for your ideas and content. Unlike other service providers, we offer you the option to request that we sign a Non-Disclosure Agreement (NDA) before submitting your User Content for editing or revision.

This NDA ensures your ideas and content remain confidential and that we will not use or publish your ideas as our own. To arrange an NDA that meets your needs, please contact us before submitting your User Content. By requesting and agreeing to an NDA, you can be assured that your intellectual property will be protected and that Lily and Foster will not use, distribute, or disclose your content without your authorization.

USER INTERACTIONS AND DISPUTES
You are solely responsible for your interactions with other users of the Sites, whether online or offline. Lily and Foster disclaims any liability for user conduct, including content posted, shared, or exchanged between users. We reserve the right, but are under no obligation, to monitor or intervene in disputes, including those related to editing services, manuscripts, or other content.

You agree to exercise common sense and best judgment in interactions, especially when sharing personal or sensitive information such as manuscripts or feedback. We recommend resolving disputes directly with other users. Lily and Foster is not responsible for dispute resolution unless required by law.

ACCEPTABLE USE POLICY: COMMUNITY USAGE RULES
By submitting, uploading, or providing User Content to the Sites, you agree to comply with the following Rules:

• Ownership of Content: You warrant that all User Content is your original work or that you have all necessary rights and permissions for any third-party content included.

• Respect for Privacy: Do not share personal information of others without express consent.

• Prohibited Content: User Content may not promote illegal activity, violence, harassment, hate speech, contain offensive material, infringe on intellectual property rights, or promote products/services not provided by Lily and Foster.

• Intellectual Property: Unauthorized use of third-party materials is prohibited; we reserve the right to remove infringing content.

• Respectful Conduct: Personal attacks, trolling, spamming, or disruptive behavior will not be tolerated.

• No Commercial Use: The Sites may not be used for advertising, promotion of services, or solicitation of commercial contributions.

• Virus-Free Content: Content must not contain malware or harmful components.

• Compliance with Laws: All applicable laws and regulations must be followed.

Reports of violations should be made immediately. We may remove violating content and suspend or terminate accounts at our discretion.

MEMBERSHIP, REGISTRATION & ACCESS CONTROLS
Certain areas of the Sites require account registration. You agree to provide accurate, current, and complete information and to keep your account confidential. Notify us immediately of any unauthorized activity.

You may not sell, transfer, or assign your account. We reserve the right to suspend or terminate accounts for violations without prior notice.

You are responsible for hardware, software, internet access, and any fees to access the Sites.

By registering, you agree to comply with all relevant laws, including data privacy and intellectual property laws.

PROMOTIONS
Promotions may have separate rules and eligibility criteria. Participation constitutes agreement to those terms. Lily and Foster may cancel or modify promotions at any time and disqualify participants for violations or misconduct.

THIRD PARTY LINKS, CONTENT, AND APPLICATIONS
Sites may contain links or features involving third-party websites, stores, or applications. Billing for purchases made through third parties is with those third parties and subject to their terms.

We do not control or endorse third-party content or features and disclaim responsibility for their accuracy or legality.

Using third-party applications or linking accounts may share your information with third parties. You assume all risks and acknowledge Lily and Foster is not responsible for third-party data security or conduct.

LINKING POLICY
Lily and Foster grants you revocable permission to link to the Sites provided the link:

• Does not frame or mirror our content.

• Does not imply endorsement without written consent.

• Does not present false or harmful information.

• Does not use our trademarks or logos without permission.

• Does not contain offensive or objectionable content.

• Is owned and controlled by you or your entity.

We may prohibit linking at our discretion.

MOBILE
Mobile features may incur carrier or data charges. Restrictions may apply by carrier or device. You consent to receive communications related to Lily and Foster on your device and are responsible for keeping your contact info current.

Lily and Foster is not responsible for carrier charges or technical issues related to mobile use. Interactions involving personal or sensitive information via mobile features are at your own risk.

Disclaimer of Warranties

• The Sites and services are provided "as is" without guarantees.

• Lily and Foster and affiliates do not guarantee the site or services will be error-free, uninterrupted, or secure.

• They disclaim all warranties, including implied ones (like fitness for a particular purpose or being virus-free).

• Users use the site at their own risk and must comply with applicable laws.

Limitation of Liability

• Lily and Foster are not liable for indirect, special, incidental, or consequential damages related to the use of the site or services.

• Total liability for any damages is limited to the amount the user paid (or $10 if no payment was made).

• Exceptions exist for gross negligence, intentional misconduct, personal injury, or misuse of sensitive data.

Indemnification

• Users agree to indemnify (protect) Lily and Foster against claims arising from:

  • User content

  • User's breach of terms or laws

  • Misuse of intellectual property

  • Misrepresentation or mishandling of sensitive info

• Lily and Foster may take exclusive control of legal defenses related to indemnified claims.

E-Commerce

• Service purchases are subject to fees and taxes.

• If bought through third parties, their terms also apply.

• Errors in pricing may lead to order cancellations.

• Services are generally non-refundable unless stated.

• Users must resolve disputes directly with Lily and Foster before chargebacks.

Termination

• Lily and Foster can suspend or terminate user access for violations without notice.

• Upon termination, users must stop using the service, and outstanding fees remain due.

• User data may be deleted or retained per privacy policies.

Location & Territorial Restrictions

• Services are controlled from the U.S.

• Users accessing from outside assume responsibility for legal compliance.

• Lily and Foster may restrict access based on location or jurisdiction.

Entire Agreement

These Terms, together with our Privacy Policy and any supplemental or service-specific terms and conditions made available to you in connection with the Sites or services, constitute the entire agreement between you and Lily & Foster with respect to your access to and use of the Sites. They supersede all prior or contemporaneous communications, agreements, or understandings—whether oral or written—relating to the subject matter hereof.

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We recommend bookmarking this page and reviewing these Terms periodically to stay informed of any updates.

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Contact Information

For questions about these Terms of Use, please contact us:

Email: contact@lilyandfoster.com

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