Effective Date: April 2021
Welcome to Lyydia.co (the “Site”) or mobile app (the “App”), the official site and app of Lyydia, L.L.C. (“Lyydia”). LYYDIA and any and all entities that control, are controlled by, or are affiliated with LYYDIA are collectively referred to herein as “we,” “us” or “our”.
2. USE OF MATERIALS
We or our licensors own all content and materials on the Site and App, including, without limitation, all trademarks, service marks, trade names, trade dress, and copyrights. Material from the Site or App may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without the express non-electronic written permission of LYYDIA. You may not use material from the Site or App for public or commercial purposes or in any way that is unlawful or harms us or any other person or entity, as determined in our sole discretion.
3. REGISTRATION INFORMATION AND SECURITY
If you register with the Site or App, you agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by our registration processes. We have the right to suspend or terminate your account and refuse any and all current or future use of the Site or App (or any portion thereof) at any time for any reason.
We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
Unless you have first obtained our non-electronic consent in each instance, you may not:
- create a link to this Site;
- use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Site or App, or for purposes of registering for any promotions offered through the Site or App;
- take any action that imposes an unreasonable or disproportionately large load on the Site’s or App’s infrastructure;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or App or any activity being conducted on the Site or App;
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site or App to harvest or otherwise collect information from the Site or App;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary content (including page layout, or form); use any meta tags or any other “hidden text” utilizing LYYDIA’s name or trademarks;
- allow any other person or entity to use your username or password; post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any laws. We may fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone providing any such information or materials;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or App; or
- violate any law, contract, or intellectual property right, or commit a tort. It is our policy to terminate in appropriate circumstances any (if any) account or right of access for repeated infringement, and we reserve the right to terminate your account or access for even one violation.
You further agree not to violate or attempt to violate the security of the Site or App, including, without limitation:
- accessing data not intended for you or logging into a server or account that you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Site or App;
- sending unsolicited e-mail, including promotions and/or advertising of products or services; or
- forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
We may investigate occurrences that may involve violations of the security of the Site or App or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
We may change the Site or App or delete content or features in any way, at any time and for any reason or no reason.
5. PRIVACY STATEMENT
We are committed to protecting your privacy and security and we have explained in detail the steps we take to do so in the Privacy Statement, which you should review. You, in turn, agree and consent to the terms of the Privacy Statement by your use of the Site or App.
6. PRICING; AVAILABILITY; ORDERS; SHIPPING
Prices on the Site and/or App are presented in U.S. dollars for U.S. purchasers only. All purchases are subject to applicable taxes to be paid by the purchaser, and prices do not include shipping and handling. Title (i.e., ownership) and risk of loss for all goods ordered pass to you when we deliver the goods to the carrier for shipment.
You acknowledge and agree there may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, promotions, availability, or other matters and except as provided by law, LYYDIA will not be liable for these inaccuracies, omissions, or errors. LYYDIA will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. Items may be out of stock or discontinued and prices are subject to change upon notice. LYYDIA reserves the right to limit the quantity of items purchased, to change and update information, as well as cancel orders you may have submitted (even if you received an automated confirmation) if information on the Site or App is found to be inaccurate. The products described in this Site or App may not be available in your region. LYYDIA does not claim that the information on the Site or App is appropriate for or applicable to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.
Product information is for information purposes only and although LYYDIA makes every effort to display products as accurately as possible, sometimes your computer, monitor, or device display settings can affect what you see when you look at the Site or App. Consequently, LYYDIA cannot guarantee you will accurately be able to see the actual colors and specific features in every case.
You represent and warrant that (a) you are at least eighteen (18) years of age prior to purchasing products; (b) you agree to pay all charges and losses incurred in connection with your purchase of products, including shipping fees; (c) you agree to pay all taxes related to your purchase transactions on the Site or App; and (d) if LYYDIA does not receive payment from your credit card issuer, you agree to pay all amounts due upon demand. LYYDIA’s acknowledgement of an order is not acceptance of an order and LYYDIA may reject or cancel an order at any time. You must either have an existing account on the Site or App or provide a valid and authorized credit card information and agree that LYYDIA may charge the credit card at the time of your transaction. All charges are non-refundable. LYYDIA reserves the right to change its prices and billing methods at any time, effective immediately upon publication. You agree that LYYDIA disclaims all damages related to purchase transactions, and LYYDIA’s sole and exclusive liability for any claims related to the products or transactions through the Site or App is the amount you paid for such products. You agree to indemnify, defend, and hold harmless, LYYDIA and its affiliates from and against any third-party claims in connection with your purchase or use of products from LYYDIA.
8. COMPLIANCE WITH LAW
We reserve the right to comply with any subpoena, order or otherwise cooperate with law enforcement or other government officials or any other party regarding the identification of any user alleged to be using the Site or App in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such submissions and turn all or a portion thereof over to such parties. We also reserve the right to remove any submissions in our sole discretion for any reason at any time.
10. NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that any of your work has been copied and is accessible on the Site or App in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Site or App that is requested to be removed;
- your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
- a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the you or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and
- an electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and to submit the statement.
Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Taylorsville, Indiana 47203
We reserve the right to remove any posted submission which infringes the copyright of any person or organization under the laws of the United States upon receipt of a notice conforming with 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
11. CONTENT LINKED TO THE SITE OR APP
YOUR USE OF THIS WEBSITE AND/OR MOBILE APP IS AT YOUR OWN RISK. THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE AND APP ARE PROVIDED “AS IS” AND LYYDIA MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR APP OR THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, TIMELINESS, OR USEFULNESS THEREOF, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LYYDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. LYYDIA DOES NOT WARRANT THAT THE SITE OR APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR APP OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT, AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LYYDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY THE SITE OR APP, INCLUDING, WITHOUT LIMITATION, SUBMISSIONS, OR ANY THIRD-PARTY SITES OR SERVICES LINKED TO FROM THE SITE OR APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE.
Without limitation and notwithstanding anything to the contrary herein or on the Site or App, LYYDIA, its affiliates and their respective agents, administrators and employees shall not be responsible for and shall not be liable to you or to any third parties for any claims, losses, costs, expenses, damages, lost profits, business interruption, loss of programs, or other data on your information handling system or otherwise arising out of or in connection with:
- failure to perform, delays, interruptions, communication line or system failures including communication malfunctions that affect the transmission, accuracy or timeliness of information, materials, messages, or instructions between you and LYYDIA and/or which prevent information, materials, messages or instructions from being transmitted in whole or in part between you and LYYDIA;
- your inability to access, at any time, any part of this Site or App or any content, products or services provided on it;
- interception, loss or disclosure of confidential or sensitive information transmitted over the Internet, including personal information;
- lack of suitability, reliability, timeliness or availability of this Site or App or any content, products or services offered on this Site or App; or
- LYYDIA’s failure to take corrective measures.
Your sole and exclusive remedy is to discontinue using and accessing this Site and App.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
14. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LYYDIA, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, OR AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM OR RELATE IN ANY WAY TO (A) YOUR USE OF OR RELIANCE ON, OR THE INABILITY TO USE, THE SITE OR APP, OR CONTENT, MATERIALS OR FUNCTIONS THEREON, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR APP OR ANY OTHER PERSON OR ENTITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY LYYDIA, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, OR AGENTS TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ANY CLAIM RELATED TO OR ARISING FROM THE SITE OR APP.
MOREOVER, UNDER NO CIRCUMSTANCES IS LYYDIA, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, OR AGENTS, OR THEIR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, EPIDEMICS OR PANDEMICS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD-PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER LYYDIA, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, OR AGENTS, NOR THEIR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE SITE OR APP AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SITE OR APP IN AN ACCURATE OR TIMELY MANNER.
15. JURISDICTIONAL AND VENUE ISSUES
LYYDIA reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting, or e-mails you make or send to any forum. LYYDIA may seek to gather information from the user who is suspected of violating these Terms, and from any other user. LYYDIA may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If LYYDIA believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. LYYDIA will fully cooperate with any law enforcement authorities or court order requesting or directing LYYDIA to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL CLAIMS YOU MAY HAVE AGAINST AND HOLD HARMLESS LYYDIA, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, OR AGENTS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ONE OF THE FOREGOING OR LAW ENFORCEMENT AUTHORITIES.
18. GENERAL PROVISIONS
All rights not expressly granted to you in these terms are reserved by LYYDIA. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark, or other intellectual right of LYYDIA or any other person or entity.
Taylorsville, Indiana 47203