Terms of Service

OVERVIEW

Welcome to www.laceandpearls.com. The www.laceandpearls.com website (the "Site") is comprised of various web pages operated by Lace and Pearls, LLC (“Lace and Pearls”). The website www.laceandpearls.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.laceandpearls.com constitutes your agreement to all such terms. By visiting the Site and/or purchasing anything from Lace and Pearls, you, the “User”, engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these terms carefully, and keep a copy of them for your reference. If you do not agree to all the Terms, then you may not access the Site or use any services offered by Lace and Pearls. Lace and Pearls reserves the right to update, change and/or replace any part of these Terms by posting updates and/or changes on the Site. Use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of such changes.

  1. PRIVACY

Your use of this Site is subject to Lace and Pearl’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

  1. ELECTRONIC COMMUNICATIONS

Visiting this Site or sending emails to Lace and Pearls 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.

  1. CHILDREN UNDER THIRTEEN

Lace and Pearls does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under the age of eighteen (18), you may use this Site only with permission of a parent or guardian.

  1. LINKS TO THIRD-PARTY SITES AND/OR THIRD-PARTY SERVICES


This Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Lace and Pearls and Lace and Pearls 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. Lace and Pearls is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lace and Pearls of the site or any association with its operators.

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

  1. NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Lace and Pearls 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 Lace and Pearls 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. Lace and Pearls 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 Lace and Pearls 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 Lace and Pearls or our licensors except as expressly authorized by these Terms.

  1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Lace and Pearls is not responsible if information on the Site is not accurate, complete and/or current. Any and all material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on the Site is at the user’s own risk.

  1. MODIFICATIONS TO THE SERVICES AND/OR PRICES

Prices for our products are subject to change without notice. Lace and Pearls reserves the right at any time to modify and/or discontinue the services it offers (or any part or content thereof) without notice at any time. Lace and Pearls shall not be liable to any users of the Site for any modification, price change, suspension and/or discontinuance of the services it offers.

  1. LACE AND PEARLS’ PRODUCTS

Lace and Pearls has made every effort to display as accurately as possible the colors and images of its products that appear on the Site. Lace and Pearls cannot guarantee that a user’s computer monitor display of any color will be accurate. Lace and Pearls reserves the right to limit the sale of its products to any person, geographic region and/or jurisdiction. Lace and Pearls may exercise this right on a case-by-case basis. All descriptions of products or product pricing on the Site is subject to change at anytime without notice at the sole discretion of Lace and Pearls. Lace and Pearls does not warrant that the quality of its products, information or other material purchased or obtained by a user of the Site will meet the user’s expectations or that any errors in the services offered by Lace and Pearls will be corrected.

  1. BILLING AND ACCOUNT INFORMATION ACCURACY

Lace and Pearls reserves the right to refuse any order placed on the Site. Lace and Pearls may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event Lace and Pearls makes a change to or cancels an order, Lace and Pearls may attempt to notify the customer by contacting the customer via email and/or billing address and/or phone number provided at the time the order was placed on the Site. Lace and Pearls reserves the right to limit and/or prohibit orders that, in Lace and Pearls’ sole judgment, appear to be placed by dealers, resellers and/or distributors.

Any and all users of the Site agree to provide current, complete and accurate purchase and account information for all purchase made on the Site. Any and all users of the Site agree to promptly update their account and other information, including, but not limited to, their email address and credit card numbers and expiration dates so Lace and Pearls may complete transactions and contact users as needed.

  1. MATERIALS PROVIDED TO THIS SITE OR POSTED ON ANY WEB PAGE

Lace and Pearls does not claim ownership of the materials you provide to this Site (including feedback and suggestions) or post, upload, input or submit to any Lace and Pearls Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Lace and Pearls, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Lace and Pearls is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Lace and Pearls’ sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

  1. INTERNATIONAL USERS

The Site is controlled, operated and administered by Lace and Pearls from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Lace and Pearls content accessed through this Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lace and Pearls, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's 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. Lace and Pearls 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 Lace and Pearls in asserting any available defenses.                                                                                                                                                                                             

  1. ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act (“FAA”), conducted by a single neutral arbitrator and administered by the American Arbitration Association (“AAA”), or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims with respect to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the FAA governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

  1. CLASS ACTION WAIVER

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Lace and Pearls agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

  1. LIABILITY DISCLAIMER

The information, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Lace and Pearls and/or its suppliers may make improvements and/or changes in the site at any time.

Lace and Pearls and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services for any purpose. To the maximum extent permitted by applicable law, all such information, products and services are provided "as is" without warranty or condition of any kind. Lace and Pearls and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, products, services, 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 Lace and Pearls 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, products, and services 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 Lace and Pearls 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.

  1. TERMINATION/ACCESS RESTRICTION

 Lace and Pearls 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.

  1. GOVERNING LAW AND VENUE

This agreement, to the maximum extent permitted by law, is governed by the laws of the State of Delaware and the User hereby consent to the exclusive jurisdiction and venue of courts in the State of Delaware 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.

  1. MISCELLANEOUS PROVISIONS

The User agree that no joint venture, partnership, employment, or agency relationship exists between the User and Lace and Pearls as a result of this agreement or use of the Site. Lace and Pearls’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Lace and Pearls’ 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 Lace and Pearls 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 Lace and Pearls with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lace and Pearls 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 and 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.

  1. CHANGES TO TERMS

Lace and Pearls reserves the right, in its sole discretion, to change the Terms under which www.laceandpearls.com is offered. The most current version of the Terms will supersede all previous versions. Lace and Pearls, encourages you to periodically review the Terms to stay informed of our updates.

  1. CONTACT US

Lace and Pearls welcomes your questions or comments regarding these Terms and Conditions. If you believe that Lace and Pearls has not adhered to these Terms and Conditions, please contact Lace and Pearls at: info@laceandpearls.com.

Effective as of September, 29th 2019.