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LIL’ INKER DESIGNS, LLC TERMS & CONDITIONS
Lil’ Inker Designs, LLC (“Company”, “we”, or “us”) operates the website at https://www.lilinkerdesigns.com (the “Site” or “Website”) and provides goods for sale on the Site (the “Goods”). Your use of the Site and Services is governed by the following terms and conditions (the “Terms”).
BEFORE YOU SET UP AN ACCOUNT BY COMPLETING THE “CREATE ACCOUNT” FORM (THE “FORM”) ON THE WEBSITE LOCATED AT THE SITE TO BECOME A MEMBER OF THE WEBSITE AND BEFORE YOU USE THE SITE AND ITS SERVICES, IT IS IMPORTANT THAT YOU CAREFULLY REVIEW THE FOLLOWING TERMS. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND LIL’ INKER DESIGNS, LLC AND GOVERN YOUR ACCESS TO AND USE OF THE SITE. IF YOU AGREE TO THE TERMS AND WISH TO USE THE SERVICE YOU MUST CHECK THE BOX TITLED "I AGREE" ON THE FORM DURING THE ACCOUNT CREATION PROCESS. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT CLICK “I AGREE” AND DO NOT OTHERWISE USE THIS SITE. IF YOU CLICK “I AGREE” OR IF YOU USE THIS SITE AND/OR THE SERVICE ON THIS SITE THAT WILL INDICATE YOUR AGREEMENT TO ABIDE BY THE TERMS. YOUR USE OF THE WEBSITE IS ENTIRELY CONDITIONED ON AND SUBJECT TO YOUR COMPLIANCE WITH THE TERMS. LIL’ INKER DESIGNS, LLC RESERVES THE RIGHT TO AMEND THE TERMS AT ANY TIME AND FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO CHANGE OR TERMINATE ANY SERVICE AND THE RIGHT TO CHANGE THE PRICES OF ANY SERVICE OR PRODUCT. ANY AMENDMENT OR MODIFICATIONS MADE BY LIL’ INKER DESIGNS, LLC WILL BE PROSPECTIVE ONLY. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK BACK AND REVIEW THE TERMS POSTED ON THE SITE PERIODICALLY SO THAT YOU CAN STAY UP TO DATE WITH ANY CHANGES.
Note that any violation of these Terms may result in termination of the Service to you. If you have any questions about these Terms & Conditions or if you should know any user violating these Terms & Conditions, please contact our Customer Service Department at LilInkerDesigns@gmail.com or by mailing a letter to Lil’ Inker Designs, LLC, Attention Customer Service Department, 267 Greenlodge Street, Dedham, Massachusetts 02026.
In order to use certain features of the Site, you will need to create an account with us (“Account”), and provide certain information about yourself as prompted by the Site’s registration form. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; and (ii) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. We reserve the right to suspend or terminate your Account in accordance with sections below. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us immediately of any unauthorized use, suspected unauthorized use of your Account, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You agree to provide Lil’ Inker Designs, LLC with true, accurate, current and complete information about yourself when such information is requested by us (whether by questionnaires, surveys; registration forms or other informational requests). You also agree to keep this information up to date at all times.
You are permitted to use the Site and Service for your personal, non-commercial purposes as provided in these Terms, under the following conditions: you may not: (i) resell or sublicense access to the Service to any third-party;(ii) modify or create any derivative product based on the Site or the Service; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any component of the Site and/or Service is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code; (iv) use the Services or the Site to: (a) violate any local, state, national, or international law(s); (b) stalk, harass, or harm another individual or individuals; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (v) use any high volume, automated, or electronic means to access the website including, but not limited to, robots, spiders, or scripts; or (vi) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. Notwithstanding the foregoing, decompiling any portion of the Site is permitted to the extent the laws of your jurisdiction give you the right to do so to obtain information necessary to render the Site interoperable with other software; provided, however, that you must first request such information from the Company and the Company may, in its sole discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on such use of the source code of such Site and Services to ensure that the Company’s and its suppliers’ proprietary rights in such source code are protected.
The Service provided by Lil’ Inker Designs, LLC is for your personal use only. You agree that you will not reproduce, copy, duplicate, sell, resell, or exploit any part of the website, use of the website, or access the website for any commercial purposes unless you receive the prior written authorization of Lil’ Inker Designs, LLC.
To purchase from or become a user of the Service, you must be at least eighteen (18) years old or over.
Our Site may contain links to third-party websites, content, services, and products (“Third-Party Offerings”). For example, we may permit third-parties to advertise their products and/or services on the Site, and those advertisements may contain links to the website(s) of these advertisers. When you click on a link to a Third-Party Offerings, you will leave our Site and go to another site or another entity that may collect personal information from you. We have no control over, do not review, and cannot be responsible for any Third-Party Offerings, including any terms and conditions required by the provider(s) of such offerings. We advise you to review any and all terms and conditions on these Third-Party Offerings’ websites.
As between you and us, we and/or our suppliers retain all right, title, and interest in and to the Site and all text, content, documents, names, logos, trademarks, service marks, brand identities, graphics, designs, copyrights, trade dress, and other intellectual property appearing in and used to operate the Site, including the organization, compilation, look and feel, illustrations, artwork, software, and other works on the Site (“Content”). All Content is protected under copyright, trademark, and other intellectual property and proprietary rights laws.
THE SERVICE AND THE SITE, AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SERVICES, AND YOU ARE STRONGLY ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL PERSONAL CONTENT.
WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICE.
USE OF OUR SERVICE AND THE SITE IS AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF THESE TERMS, OR YOUR ACCESS TO OR USE OF THE SITE, SERVICES OR CONTENT, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE AND THE SERVICE TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE TO YOU WITHOUT THIS LIMITATION.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND OUR COMPANY (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS.
These Terms will become effective and binding when you accept these Terms in accordance with the preamble above. You do not need to inform us if you wish to stop using the Site. We reserve the right to suspend and/or terminate your access to the Site and your Account at any time without notice. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE AND YOUR ACCOUNT. Any limitations on liability that favor the Company will survive the termination of these Terms.
You may terminate your account at any time by contacting our Customer Service Department at email@example.com. If you have a dispute with us relating to the website, you may cancel your account or cease use of the website. The cancellation of your account or ceasing all use of the website is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within seventy-two (72) hours after we receive your request.
You agree that Lil’ Inker Designs, LLC, in its sole discretion, may terminate your account (or any part thereof) or use of the website, and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files, video, or any other Content within the website, at any time, without notice, for any reason. Further, you agree that Lil’ Inker Designs, LLC shall not be liable to you or any third-party for any termination of your access to the website.
Lil’ Inker Designs, LLC reserves the right to delete your account if it has been inactive for more than one (1) year. Lil’ Inker Designs, LLC will use commercially reasonable efforts to send you an email notice alerting you to the potential deletion of your account from the Site. If your account remains inactive for ten (10) days after Lil’ Inker Designs, LLC sends you the email notification, Lil’ Inker Designs, LLC will delete your account, the Content contained in your account, and any personally identifiable information related to your account. This process will also delete any personally identifiable information.
DISPUTE RESOLUTION, BINDING ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. THROUGH USE OF THIS SITE YOU ARE GIVING UP RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THAT YOU OR LIL’ INKER DESIGNS, LLC MAY HAVE WITH EACH OTHER THROUGH INDIVIDUAL ARBITRATION INSTEAD OF THROUGH COURT TRIALS, JURY TRIALS, OR CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
This Section is intended to be interpreted broadly to encompass all disputes or claims arising out of this Agreement, or your purchase, or use of any product or service from Lil’ Inker Designs, LLC.
ANY DISPUTE OR CLAIM MADE BY YOU AGAINST LIL’ INKER DESIGNS, LLC ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR YOUR PURCHASE OR USE OF ANY LIL’ INKER DESIGNS, LLC PRODUCT REGARDLESS OF WHETHER SUCH DISPUTE OR CLAIM IS BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY (TOGETHER, A “DISPUTE”) WILL BE RESOLVED BY INFORMAL NEGOTIATIONS OR THROUGH BINDING ARBITRATION, AS DESCRIBED BELOW.
To expedite resolution and control the cost of a Dispute, you and Lil’ Inker Designs, LLC agree to first attempt to resolve a Dispute informally for at least thirty (30) days before initiating any arbitration. Such Informal Negotiations will commence upon written notice from one party to the other. You must send your notice to firstname.lastname@example.org. Please include in the subject line of the email “Request to Negotiate”.
If you and Lil’ Inker Designs, LLC are unable to resolve a Dispute through Informal Negotiations, either You or Lil’ Inker Designs, LLC may elect to have a Dispute resolved by binding arbitration by notifying the other party of such election, only if not satisfied with the remedy after informal negations are complete.
YOU AND LIL’ INKER DESIGNS, LLC AGREE THAT IN THE EVENT EITHER PARTY ELECTS TO ARBITRATE, THE ARBITRATOR(S) DECISION SHALL BE BINDING. FURTHERMORE, ALL PARTIES TO THE ARBITRATION PROCEEDING AGREE AND CONSENT THAT ALL ARBITRATION PROCEEDINGS SHALL BE HELD IN THE STATE OF MASSACHUSETTS.
You and Lil’ Inker Designs, LLC agree to waive the right to litigate any Dispute in court and before a jury, and agree that this Arbitration provision will be governed by the Federal Arbitration Act to the maximum extent permitted by law. You and Lil’ Inker Designs, LLC further agree that any arbitrator that arbitrates a Dispute under this provision is without jurisdiction to conduct a class arbitration or other representative proceeding, and may not consolidate one person’s claims with another.
You and Lil’ Inker Designs, LLC agree that all issues of enforceability of this Agreement to Arbitrate – including issues relating to scope, validity, and unconscionability – will be decided by the arbitrator. If for any reason this Arbitration Provision is deemed inapplicable or invalid, you and Lil’ Inker Designs, LLC both waive, to the fullest extent allowed by law, the right to a jury trial and any claims relating to a Dispute to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
The Arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Procedures”), both of which are available at the AAA website www.adr.org, or which may be acquired by calling the AAA at 1 (800) 778-7879.
Any Arbitration will be confidential, and neither you nor Lil’ Inker Designs, LLC may disclose the existence, content, or results of any Arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
If any portion of this Arbitration Provision is determined by a court or the arbitrator to be inapplicable or invalid, then the remainder shall still be given full force and effect.
In all Arbitrations, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at the Arbitration.
All Lil’ Inker Designs, LLC orders are shipped via US Postal Service unless otherwise noted. Orders are typically mailed within three to five business days of receipt with most orders processed in two to three business days or sooner. However, these timeframes are estimates and Lil’ Inker Designs, LLC cannot and will not guarantee delivery occurs in the aforementioned timeframes. Moreover, shipping and turnaround may be slightly delayed when order volume is higher than usual.
Some international orders may be subject to additional Customs, Duties or Taxes upon arrival. These charges are not the responsibility of our company. Further, You will be charged any additional postage require for international orders.
We are unable to make any changes to the Customs Declaration form on any international package. All packages will be marked as merchandise with the full price of merchandise total on the outside of the package.
Making sure that you are completely satisfied with your purchase is our top priority at Lil’ Inker Designs, LLC. In the event that you are not completely satisfied with your purchase please email us directly at email@example.com or submit an inquiry through the Lil’ Inker Designs, LLC wesbite contact page.
We will accept items within thirty (30) days of purchase for a full refund if the items are returned unused in the original packaging. All products to be returned must be mailed to: to Lil’ Inker Designs, LLC, Attention Returns Department, 267 Greenlodge Street, Dedham, Massachusetts 02026.
You will be responsible for all shipping costs. Returned items should be packaged securely and we recommend tracking or delivery confirmation. Lil’ Inker Designs, LLC cannot process returns for items which arrive damaged or for items that are lost in transit.
Lil’ Inker Designs, LLC will issue a refund in the form of store credit at the customer's request or for the refund of any shipping charges we collect that go unused at the sole discretion of Lil' Inker Designs, LLC.
10. MISCELLANEOUS MATTERS
Copyright notice for all pages on this web site: © Lil’ Inker Designs, LLC. All Rights Reserved. Any reproduction of these pages for commercial purposes or for distribution to other persons is a violation of United States Copyright law and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works, or in any other way exploit any of Lil’ Inker Designs, LLC, copyrighted works without first obtaining Lil’ Inker Designs, LLC written consent. You may not view, reproduce, print, or otherwise use any of the content of this web site for anything other than your personal, informational, noncommercial use. Any reproduction must include the copyright notice set forth above.
All product names, trademarks, service marks, or other images in this web site are either the property of, or used with permission by Lil’ Inker Designs, LLC, and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited. All other product names contained on this web site may be trademarks or service marks of other persons.
The Site can be accessed from countries around the world and may contain references to Content that are not available in your country. These references do not imply that the Company intends to announce such Services or Content in your country. The Site and Services are controlled and offered by the Company from its facilities in the United States of America. Those who access or use the Site or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
You agree to comply with all laws, rules and regulations that apply to your use of the Site and the Services. These Terms will be subject to and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its rules regarding conflicts of law. You consent to jurisdiction and venue exclusively in the Commonwealth of Massachusetts. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. You agree that any claim or cause of action related to the Site, the Services, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms constitute the entire agreement between you and us with regard to the matters described above.
Our relationship is not one of agency or partnership and neither you nor Lil’ Inker Designs, LLC shall be deemed to be a partner, employee, fiduciary, agent, or representative of the other by your use of the Site and/or the Service.
Last Updated: December, 2015