These terms and conditions constitute a legally binding agreement made between you (“Users”) and Max and Lilly, LLC (“Max & Lilly”), concerning your access to and use of the www.maxandlilly.com, website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”). You agree that by accessing the Platform, you have read, understood, and agreed to be bound by all of these terms and conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms and conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these terms and conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms and conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms and conditions by your continued use of the Platform after the date such revised terms are posted.
Max & Lilly has developed a Platform (“Platform”) offering peer-to-peer pet services accessible on a website (“ the Site”) at the address www.maxandlilly.com as well as on a mobile device software application (“App”). Our Platform connects pet owners with other pet owners in the area for the purpose of exchanging pet care to each other.
By creating an account on our Platform, you confirm having read and accepted all conditions of use.
In this document means the following:
“User” means an individual who has created an account on the Platform;
“Max & Lilly” is defined in 1. above;
“Account” means the account that must be created in order to become an User and access the Platform;
“Personal Profile” means the individual information and images provided to the Platform to create the User’s profile;
“Pet Profile” means the information and images of the User’s pet(s) provided which the User to create the pet(s) profile;
“Pet Owner” means a User on the Platform owning a pet or multiple pets;
“Seeker” means a pet owner who has created a Request seeking another User to provide a pet service;
“Pet Host” or “Host” means a User who agreed to provide a pet service in form of overnight hosting, home visits or walks to another User on the Platform;
“Request” means the placement of an advertisement for pet services on the Platform by a Seeker for a Pet Host;
“Booking” is defined in 4.5.
“Meet-and-Greet” means the initial meeting between the Seeker and the Pet Host which will usually include the pet(s) to be cared for. This meeting is for the purpose to discuss the need of the pet(s) and to see if the Pet Host is a good fit to provide the pet service;
“Credits” means credits earned by a User for pet services provided to other Users on the Platform or activities completed that Max & Lilly offers credits for;
“Credit redemption fee” means a fee charged by the Platform for credits redeemed when Seeker confirms booking reservation with Pet Host;
“Credit Transfer” means the transferring of credits from one User to the other User;
“User Contribution has the meaning given to it in below 9-11;
“Platform” has the meaning given to it in 1 above;
“Website” means the website accessible at the address www.maxandlilly.com;
3. ACCOUNT CREATION AND REGISTRATION
3.1 Platform registration
The Platform may be used by individuals aged 18 or over. Registration on the Platform by a minor is strictly prohibited. By accessing, using or registering on the Platform, you represent and warrant that you are aged 18 or over.
3.2 Creation of an Account
If you are registered on the Platform, the Platform enables Users to post Request(s), view Request(s), and interact with other Users to exchange pet sitting services. You can also view Requests, browse Personal User or Pet Profiles, chat with other User(s) in the area, send and accept friend requests, confirm bookings for pet services, keep track of bookings for pet services on your personalized calendar, provide services and earn credits, and provide payment for credit redemption fees.
To create your Account, you must complete all mandatory fields on the registration form.
You agree to provide accurate and true information when you create your profile. You agree to update your profiles through Settings under My Profile whenever any changes occur. And, you agree to keep the information accurate and up-to-date throughout your use of the Platform.
You agree to keep your password for your Account secret and not to communicate it to anybody. Please inform Max & Lilly if you lose your password. You, as the account owner, are responsible for the use of your Account by third parties, unless you have expressly notified Max & Lilly of the loss, the fraudulent use by a third party, or the disclosure of your password to a third party.
You are only authorized to create one personal account under your own identify for yourself to use. You may create one account for each of your pets.
Max & Lilly may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. You will be asked to provide your email address, cell phone number, physical home address as well as a government issued I.D. At the time a Booking is confirmed with payment to Platform, you will have to provide our secure third-party payment vendor with you credit card information. The information provided is not being held by, stored by or provided to Max & Lilly.
Max & Lilly cannot guarantee and is not responsible for the truthfulness, reliability or validity of the information provided by other Users on the Platform.
4. MAX & LILLY SERVICE
The Max & Lilly Service is the creation of a community of pet owners and the connection of Users (“Pet Owners” or “Seeker”) with other Users (“Pet Hosts” or “Host”) for the purpose of exchanging pet services with each other in exchange for credits redeemable only on the Platform. These credits earned can be redeemed at a later time for comparable pet services performed by other Users. Max & Lilly charges a credit redemption fee for the use of the Platform. This credit redemption fee is earned and due upon a Pet Owner or Seeker confirming a booking with a Pet Host. This fee is not refundable. Max & Lilly also reserves all rights to grant and transfer credits in its sole discretion. Outside of credit redemption on the site for pet services completed, there is no fungible or convertible value of the credits into any currency.
Max & Lilly, itself, does not provide any pet care services to Users on the Platform. Max & Lilly is a Marketplace for the community of Pet Owners. Max & Lilly does not make any representations or warranties in regard to the capacity of the Host to provide the agreed upon services including the quality of boarding, pet sitting, dog walking, home visits or other services provided by the Host. Max & Lilly is not responsible for any interactions and dealings which occur amongst the Pet Owners and the Hosts. The Users registered with the Platform are solely responsible to choose how to interact and to verify the other User. The Pet Owner and Pet Host are mutually responsible for accepting a Booking and agree that Max & Lilly is not a party to the agreement between these two Users and has no influence on the decision-making process by either Pet Owner or Pet Host. Max & Lilly will not be responsible or liable for actions performed or conducted by Users, whether offline and in person or through the App or otherwise online. Max & Lilly will periodically review User’s profiles but will not otherwise monitor Hosts or Pet Owners.
Users should exercise caution and use independent judgment before engaging with other Pet Owners or Pet Hosts, providing pet care, or otherwise interacting with Users via the Platform. Users are solely responsible for making decisions that are in their best interest and that of their pets. For example, each User is responsible for keeping current his or her pet’s vaccinations, and Max & Lilly will have no liability for anyone’s failure to vaccinate his or her pet. Every User is obligated to insure their own pet, whether through renter’s or homeowner’s insurance or other insurance plans, to protect other Users from potential damages and liability arising from their interaction with the other pet.
Max & Lilly hereby expressly disclaims and you hereby expressly release Max & Lilly from any and all liability whatsoever for any conduct, claims, suits, injuries, loss, harm and/or any damages arising from and/or in any way related to your interactions or dealings with other Users, the acts, behavior or damages caused by a User’s pet and the acts and/or omissions of Users, whether online or offline. You acknowledge and agree that YOUR USE OF THE PLATFORM IS AT YOUR SOLE AND EXCLUSIVE RISK.
4.3 Transactions between Users
The Platform may be used to find other pet owners in the community willing to provide pet services and to earn credits for pet services provided. You agree that Max & Lilly has no liability for damages associated with pet services provided (which may include property damage, bodily injury to, or death of, a human or pet) or from any other transactions between Users of the Platform.
4.4 Finding a Host to Provide Pet Service
A User may place a Request seeking another User to provide pet services. The Request should detail what type of service the User is seeking and for which dates. Other Users will be able to respond to the Request indicating interest and availability. In addition, Users are able to find other Users to watch their pet by browsing other Users’ profiles. Once you connect with another User and the Pet Service is booked then please schedule a meet-and-greet prior to the scheduled host date.
Our Platform allows Users to transact with each other when they both agree to a Booking. A Booking is created when two Users agree on the type of pet care, the time of pet care and any other specific details agreed upon by the Users. In addition, the Seeker will have to agree to honor and provide the redemption fee and the credits will be transferred from the Seeker to the Host for this Booking on the day after the start day of service. However, in the event that, the Seeker deletes his account or removes his request prior to the day of service, but after confirming and paying for the Booking, the credit(s) will transfer on the day after the start day of service and payment will be not reimbursed.
4.6 Users are solely responsible for evaluating other Users.
Users are solely responsible for evaluating the suitability and capacity of other Users to care for their own pet. The User should consider the other User’s living environment including other pets, children and property, etc. Please use your own judgement to determine if the User is a good fit to care for your pet.
4.7 Policy regarding pet abandonment
Any pets which have not been picked up by its owner within seven (7) days after the agreed upon service dates (or an earlier period under applicable animal abandonment or cruelty laws), and there is no written agreement between the Users for an extension of services, Users agree that Max & Lilly (or the Host) may, in its (or his or her) discretion, place the pet in foster care and/or notify animal control authorities. Pet Owner agrees to pay for all costs associated with the abandonment of its pet(s). Pet Host agrees to inform Max & Lilly immediately of such an abandonment of a pet by a Pet Owner and work with Max & Lilly to resolve the issue. The Pet Owner agrees to reimburse Max & Lilly and/or the Host for expenses associated with such actions.
4.8 Medical Care and Emergencies.
Pet Owners are obligated to provide their Hosts with their contact information. This information is necessary so that a Host can reach the Pet Owner in the event medical care for the pet(s) becomes necessary. Pet Owner shall leave emergency contact information with the Host or any person who would be authorized to make decisions concerning the medical care of the Pet Owner’s pet(s) in the case the Pet Owner is not able to be reached. Hosts agree to immediately contact Pet Owners or their designated person when medical care for the pet becomes necessary.
You as a Pet Owner hereby authorizes your Host and/or Max & Lilly to obtain and authorize medical care for your pet if you or your designated person cannot be reached. In such case, you also authorize your pet’s veterinarian(s) to release your pet’s veterinary records to the Host and/or Max & Lilly. If your Host reaches you with a request to authorize medical care for your pet and you refuse, then you release the Host and Max & Lilly for any injury, damage or liability arising from failure to seek and provide such care for your pet. Pet Owners are solely responsible for the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby agree to reimburse Pet Host, third party care provider, and/or Max & Lilly for such costs.
5. INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, Content and the Marks.
6. USER REPRESENTATIONS
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
7. USER REGISTRATION
You are required to register with the Platform. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
8. PROHIBITED ACTIVITIES
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Platform, you agree not to
1. systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. use a buying agent or purchasing agent to make purchases on the Platform.
4. use the Platform to advertise or offer to sell goods and services.\
5. circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
6. engage in unauthorized framing of or linking to the Platform.
7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
8. make improper use of our support services or submit false reports of abuse or misconduct.
9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
11. attempt to impersonate another user or person or use the username of another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the Platform in order to harass, abuse, or harm another person.
14. use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
16. attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
18. delete the copyright or other proprietary rights notice from any Content.
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
24. use the Platform in a manner inconsistent with any applicable laws or regulations.
9. USER GENERATED CONTRIBUTIONS
The Platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Platform and through third-party website. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. your Contributions are not false, inaccurate, or misleading.
5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. your Contributions do not violate any applicable law, regulation, or rule.
10. your Contributions do not violate the privacy or publicity rights of any third party.
11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
10. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Platform or making Contributions accessible to the Platform by linking your account from the Platform to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform. You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Platform; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
11. GUIDELINES FOR REVIEWS
Max & Lilly provides you areas on the Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/pet being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by Max & Lilly and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to Max & Lilly a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
12. MOBILE APPLICATION LICENSE
12.1 Use License
12.2 Apple and Android Devices
13. SOCIAL MEDIA
As part of the functionality of the Platform, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Platform; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Platform via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Platform. You will have the ability to disable the connection between your account on the Platform and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Platform. You can deactivate the connection between the Platform and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") provided by you to Max & Lilly are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
15. THIRD-PARTY WEB PLATFORMS AND CONTENT
Max & Lilly may allow advertisers to display their advertisements and other information in certain areas of the Platform, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Platform and any services provided on the Platform or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Platform, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
17. PLATFORM MANAGEMENT
19. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Platform are covered by the Notification, a representative list of such works on the Platform; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
19.2 Counter Notification
If you believe your own copyrighted material has been removed from the Platform as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent:
Max & Lilly, LLC
Attn: Copyright Agent
1101 W 34th Street # 111
Austin, Texas 78705
20. COPYRIGHT INFRINGEMENTS
Max & Lilly respects the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.
21. TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
22. MODIFICATIONS AND INTERRUPTIONS
Max & Lilly reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. Max & Lilly also reserve the right to modify or discontinue all or part of the Platform without notice at any time. Max & Lilly will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
23. GOVERNING LAW
24. DISPUTE RESOLUTION
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA web Platform www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Travis County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Platform be commenced more than 1 years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
27. LIMITATIONS OF LIABILITY
IN NO EVENT WILL MAX & LILLY OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
29. USER DATA
Max & Lilly will maintain certain data that you transmit to the Platform for the purpose of managing the Platform, as well as data relating to your use of the Platform. Although Max & Lilly perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that Max & Lilly shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
30. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Platform, sending Max & Lilly emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications Max & Lilly provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
31. CALIFORNIA USERS AND RESIDENTS
If any complaint with Max & Lilly is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
33. CONTACT US
In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us at:
Max and Lilly, LLC
1101 W 34th Street # 111
Austin, Texas 78705
TERMS AND CONDITIONS FOR PROMOTIONS