Protecting your privacy is really important to us. With this in mind, we’re providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of information that we receive through our Services. This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services. Also, please note that, unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service. So, please make sure that you have read and understand our Terms of Service. This Privacy Policy also applies to information collected from individuals who make purchases from us via any website where this Privacy Policy is posted and consequently any references to “Services” in this Privacy Policy include our services in connection with such purchases.


Revisions to this Privacy Policy

Any information that is collected via our Services is covered by the Privacy Policy in effect at the time such information is collected. We may revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of those changes by posting them on the Services or by sending you an email or other notification, and we’ll update the “Last Updated Date” above to indicate when those changes will become effective.


Collection and Use of Information


Information Collected or Received from You

Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services.

Personal Information. We’ll collect certain information that can be used to identify you (“PII”), in connection with your use of the Services. This PII may include: (i) your name, (ii) mailing address, (iii) telephone number, (iv) email address, and, (v) for those purchasing Products, credit card, billing and delivery information. If you create a Lily account (“Account”), we’ll also collect certain PII to populate your Account. If you create an Account using your login credentials from one of your SNS Accounts, we’ll be able to access and collect your name and email address and other PII that your privacy settings on the SNS Account permit us to access. If you create an Account through the Site or one of your SNS Accounts, we may also collect your gender, date of birth and other information that is not considered PII because it cannot be used by itself to identify you.

Information Collected Using Cookies and other Web Technologies. Like many website owners and operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information.

Cookies” are small text files that are placed on your hard drive by a Web server when you access our Services. We may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use Cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own Cookies on your hard drive. Note that this Privacy Policy covers only our use of Cookies and does not include use of Cookies by such third parties.

Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).

Information Related to Use of the Services. Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both Account holders and non-Account holders (either, a “User”). Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on and other statistics. We use Log Data to administer the Services and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to generate aggregate, non-identifying information about how our Services are used.

Information Sent by Your Mobile Device. We collect certain information that your mobile device sends when you use our Services, like a device identifier, user settings and the operating system of your device, as well as information about your use of our Services.

Location Information. When you use our App, we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or coarse location if you enable location services on your device. We may use location information to improve and personalize our Services for you. If you do not want us to collect location information, you may disable that feature on your mobile device.


Information that We Share with Third Parties

We will not share any PII that we have collected from or regarding you except as described below:

Information Shared with Our Services Providers. We may engage third-party services providers to work with us to administer and provide the Services. These third-party services providers have access to your PII only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your PII for any other purpose.

Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes.

Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including PII, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your PII, may be disclosed or transferred to a third party acquirer in connection with the transaction.

Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.


Your Choices

We offer you choices regarding the collection, use and sharing of your PII and we’ll respect the choices you make. Please note that if you decide not to provide us with the PII that we request, you may not be able to access all of the features of the Services.

Opt-Out. We may periodically send you free newsletters and e-mails that directly promote our Services. When you receive such promotional communications from us, you will have the opportunity to “opt-out” (either through your Account or by following the unsubscribe instructions provided in the e-mail you receive). We do need to send you certain communications regarding the Services and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Service or this Privacy Policy or information about billing.

Modifying Your Information. You can access and modify the PII associated with your Account by contacting us at support@lily.camera. If you want us to delete your PII and your Account, please contact us at support@lily.camera with your request. We’ll take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.


Responding to Do Not Track Signals

Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers.


The Security of Your Information

We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL encryption or other technologies. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.


Links to Other Sites

Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that you provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect your information we recommend that you carefully review the privacy policies of all Third-party Services that you access.


International Transfer

Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there.


Our Policy Toward Children

Our Services are not directed to children under 13 and we do not knowingly collect PII from children under 13. If we learn that we have collected PII of a child under 13 we will take steps to delete such information from our files as soon as possible.


Your California Privacy Rights

California residents may request and obtain from us, once a year, free of charge, a list of third parties, if any, to which we disclosed their PII for direct marketing purposes during the preceding calendar year and the categories of PII shared with those third parties. If you are a California resident and wish to obtain that information, please submit your request by sending us an email at legal@lily.camera with “California Privacy Rights” in the subject line.


Questions?

Please contact us at legal@lily.camera if you have any questions about our Privacy Policy.


Privacy Policy was last updated July 2, 2015

30-Day Worry-Free Guarantee

If you purchased your Lily Camera (“Product”) directly from us via www.lily.camera, and you are unsatisfied with your purchase for any reason (which is unrelated to the Warranty Exclusions which is and would not be not covered by this 30-Day Worry Free Guarantee), you may return the Product to us for a full refund or exchange within the thirty (30) days following the date on which the Product is delivered to you. If you request a refund under this section, your payment method will be credited upon our receipt of the returned Product. If you request an exchange, we’ll pay for shipping of the new Product sent to you.


Limited One-Year Warranty

Our Products are warrantied against manufacturing defects for a period of one (1) year from the original date of delivery of the Product to you. Our sole obligation in the event of such defects during this period is to repair or replace the defective part or product with a comparable part or product; how we replace or repair the Product is at our sole discretion. Replaced or repaired Products will be warrantied for the remainder of the original warranty period or thirty (30) days from the date of delivery of the replaced or repaired Product to you, whichever is longer. Please note that this warranty ONLY applies to orders placed on our website at www.lily.camera, and only to the original purchaser.


Return Costs

You must obtain a Return Materials Authorization (“RMA”) number from us prior to returning any Products to us under this Warranty or 30-Day Worry-Free Guarantee. You agree to pack the Product that you are returning, either under the 30-Day Worry-Free Guarantee or the Limited One-Year Warranty, carefully and return it to us, freight prepaid, together with the RMA. The returned Product must be in the original package and free of any defect or damage caused by shipping. If we determine to repair or replace your Product under the Limited One-Year Warranty, we will pay the return costs for ground shipping. If we reasonably determine that the Product you returned is not defective or does not fall within the 30-Day Worry-Free Guarantee, we will contact you and will arrange for reshipment to you at your cost, plus a handling fee equal to fifteen (15%) of the Product purchase price. If you decline to pre-pay such shipping and handling costs, we are under no obligation to return such non-defective Product to you.

Warranty Exclusions

You agree to fully read the instructions and guidance we provide and review the Product’s capabilities and constraints before using the Product. Notwithstanding the limited warranty above, you assume all liability and we have no obligation whatsoever to you or anyone else for any of the following:

  • use of the Product for High-Risk Activities (defined below);
  • use of the Product other than in accordance with our published specifications;
  • modifications, alterations, adjustments or repairs to the Product made by a party other than one we authorize;
  • failure by you or a third party to comply with environmental and storage requirements for the Product specified by us, including, without limitation, temperature or humidity ranges;
  • damage from external causes such as dirt, sand, battery leakage, power surges, or improper usage of any electrical source;
  • use of the Product in combination with any third-party devices or products that we have not provided or recommended to you;
  • any damage to property or persons caused by your use of the Product that is not caused by material defect, including your failure to understand the functionalities of the Product;
  • leaving the Product in direct sunlight for long periods;
  • allowing the Product to land on unstable surfaces or dangerous terrain;
  • using the Product in inclement weather or low light;
  • failure to maintain line-of-sight with the Product when using it;
  • attempting to charge the Product with any charger other than the one provided by Lily;
  • attempting to affix anything to the Product;
  • failure to purchase any insurance required by law to operate the Product in your area;
  • failure to determine the suitability of the Product for your intended use;
  • failing to make sure that any other person who uses the Product also complies with these terms and any other guidance we provide you, whether this guidance is included in writing with the Product or made available on our website;
  • any continued use of the Product after you detect any material defect, including erratic responses to user input;
  • failure to adhere to Federal Aviation Administration regulations and advisories, as well as any other relevant laws and local government rules; and
  • any other improper use of the Product.

All Products that are returned to us become our property. We’re not responsible for any memory card, content or information stored in any Product you return to us, whether under warranty or not. Please make sure to save any content or information you wish to keep from your Product’s memory card and erase any data thereon before returning your Product to us.

You agree to read, and abide by any written instructions shipped with your Product and all safety precautions contained therein. If you do not understand any part of any of these instructions or the functionality of Product, you may view the FAQ at lily.camera/our_faq or contact us at support@lily.camera.

The Product is not designed or intended for use in any application or hazardous environment that requires fail-safe performance, where the failure or inaccuracy of the Product might result in or cause death, personal injury, collision, or significant environmental damages (“High-Risk Activities”). High-Risk Activities include without limitation operation near any animal, power line, cellular or other radiofrequency tower, mining area, any other electromagnetic interference environment, obstacle, airport, airfield or industrial facility or area.

ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY ABOVE. ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ARE DISCLAIMED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LILY OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY LOST DATA OR REVENUE, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Sending Your Product Back to Us

Whether through our 30-Day Worry-Free Guarantee or through our Warranty, both described above, you can only make returns as follows:

  1. Before requesting an RMA, please contact our Customer Support Team by clicking on the Contact Us link at www.lily.camera. We’re often able to solve the problem quickly via email.
  2. If we’re unable to solve your problem via email, request an RMA (Return Merchandise Authorization) number from Lily Customer Support.
  3. If our Customer Support Team determines that you are within your 30-Day Worry-Free Guarantee or that your problem qualifies under Warranty coverage, you will be issued an RMA number.
  4. Package Products along with a copy of the RMA form.
  5. Write the RMA number on the outside of the box and send it to the appropriate address based on your specific location:

Please do not hand-deliver your product to the addresses provided, even if you are local. These locations are not set up to receive visitors.


Warranties and Returns was last updated July 2, 2015

Please read these Terms and Conditions of Sale (the “Terms”) carefully because they govern the purchase of any products (“Products”) you buy from Lily Robotics, Inc. (“Lily,” “us” or “we”), unless you have signed a separate written agreement with us that supersedes these Terms. Any software installed in our Products is licensed to you, not sold. You may only use this software for its normal, intended use with our Products and in accordance with the Software License section below. When we say “sell” and “purchase” in these Terms, we mean “sell” and “purchase” only with respect to the non-software elements of the Product. These Terms apply whether or not they are included with the Products sold hereunder.


Ordering Products

If you want to purchase Products from us, simply click on the “order now” button and follow the directions on-screen. Once you place your order, we’ll email you with an order confirmation (“Order Confirmation”) that indicates that we have accepted your order. We’re not bound to sell you any Product until we have accepted and processed your payment. With your Order Confirmation, we’ll confirm the quantity of Products you purchased, their price, and an estimated shipment date (“Estimated Shipment Date”). Our acceptance of your order is expressly conditioned on your unconditional acceptance of these Terms, even if you communicate with us otherwise. We do not accept any changes to or rejections of these Terms that you may communicate to us in any form and all such terms and conditions will be null and of no effect. The terms of our Warranty program apply to any purchase and are incorporated herein by reference.

You understand and agree that you assume all risk and liability, and we have no obligation or liability whatsoever to you or anyone else for any of the following (“Disclaimed Activities”):

  • use of the Product for High-Risk Activities;
  • use of the Product other than in accordance with our published specifications;
  • modifications, alterations, adjustments or repairs to the Product made by a party other than one we authorize;
  • failure by you or a third party to comply with environmental and storage requirements for the Product specified by us, including, without limitation, temperature or humidity ranges;
  • damage from external causes such as dirt, sand, battery leakage, power surges, or improper usage of any electrical source;
  • use of the Product in combination with any third-party devices or products that we have not provided or recommended to you;
  • any damage to property or persons caused by your use of the Product that is not caused by material defect, including your failure to understand the functionalities of the Product;
  • leaving the Product in direct sunlight for long periods;
  • allowing the Product to land on unstable surfaces or dangerous terrain;
  • using the Product in inclement weather or low light;
  • failure to maintain line-of-sight with the Product when using it;
  • attempting to charge the Product with any charger other than the one provided by Lily;
  • attempting to affix anything to the Product;
  • failure to purchase any insurance required by law to operate the Product in your area;
  • failure to determine the suitability of the Product for your intended use;
  • failing to make sure that any other person who uses the Product also complies with these terms and any other guidance we provide you, whether this guidance is included in writing with the Product or made available on our website;
  • any continued use of the Product after you detect any material defect, including erratic responses to user input;
  • failure to adhere to Federal Aviation Administration regulations and advisories, as well as any other relevant laws and local government rules; and
  • any other improper use of the Product.

You agree to comply with all applicable laws in connection with your use of the Product, including Federal Aviation Administration regulations and advisories. You understand and agree that the Product is not designed or intended for use in any application or hazardous environment that requires fail-safe performance, where the failure or inaccuracy of the Product might result in or cause death, personal injury, collision, or significant environmental damages (“High-Risk Activities”). High-Risk Activities include without limitation operation near any animal, power line, cellular or other radiofrequency tower, mining area, any other electromagnetic interference environment, obstacle, airport, airfield or industrial facility or area. The Products are not toys and improper operation may cause serious injury and property damage. You agree to use precautions when using your Product.


Order Cancellation

You may cancel your order any time before your purchased Product ships and, if your payment has already been processed, receive a full refund.


Shipment and Delivery

We may provide a single shipping method and carrier, or multiple methods and carriers, for Product delivery, at our sole discretion. You will be responsible for all freight, packing, insurance and other shipping-related costs and expenses, and these will be noted on your order screen before you make your purchase. Once the Product is sent to the carrier, ownership of the Product and the risk of that Product’s loss passes to you.

You understand that all scheduled shipment dates and Estimated Shipment Dates are estimates only. We’ll make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed our agent. If you purchase multiple Products, we may send you your Products in installments and charge you separately for each installment. We have the right to allocate our available inventory of the Products among other purchasers in such manner as we see fit. If we’re not able to charge your payment method or you fail to pay for your purchase, we have the right to delay or suspend shipment of the Products.


Prices and Taxes

The prices for the Products will be as specified during checkout and in your Order Confirmation. Prices are stated in U.S. dollars with a separate subtotal for all typically applicable sales tax for purchases made within the United States. You agree to pay the applicable sales tax relating to the Products you purchase from us. You are also responsible for any other taxes imposed by you in connection with your purchase and use of the Product.


Indemnity

You agree to defend, indemnify, and hold Lily, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to your violation of these Terms and your participation in Disclaimed Activities, or for liabilities, interest, penalties or fees assessed against us arising from any failure by you to pay any required taxes.


Limitations of Liability

SUBJECT TO OUR WARRANTY PROGRAM, THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK, AND IN NO EVENT WILL LILY BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT LILY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND LILY HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL LILY’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO LILY BY YOU FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Software License

Subject to your compliance with these Terms, Lily grants you a limited non-exclusive, non-transferable, non-sublicenseable license to use the software in the Product (the “Software”), as part of your use of the Product for your own personal, non-commercial purposes and for no other purposes. You may not (i) copy, modify or create derivative works based on the Software; (ii) distribute, transfer, sublicense, lease, lend or rent the Software to any third party; (iii) reverse engineer, decompile or disassemble the Software; or (iv) make the functionality of the Software available to multiple users through any means. Lily reserves all rights in and to the Software not expressly granted to you under these Terms. All Software is protected by U.S. copyright law and international treaties.

All software contained in the Products and any related documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. To the extent that the Products are being acquired by or on behalf of the U.S. Government then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the software and any related documentation will be only those specified in these Terms.


Dispute Resolution

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Agreement to Arbitrate For any dispute with Lily, you agree to first contact us at legal@lily.camera and attempt to resolve the dispute with us informally. In the unlikely event that Lily has not been able to resolve a dispute it has with you after thirty (30) days, you and Lily agree that any dispute, claim or controversy arising out of or relating to these Terms or the use of the Product (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”); and (iii) you retain the right to litigate any Dispute other than an IP Protection Action by providing Lily with written notice of your desire to do so by email or regular mail at our contact information at the bottom of these Terms within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Lily with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Lily with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Lily with an Arbitration Opt-out Notice, you acknowledge and agree that you and Lily are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Lily otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/aaa/faces/rules/searchrules or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/aaa/faces/services/fileacase/forms). The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure Unless you and Lily otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Lily submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Lily will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Lily will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes If Lily changes this “Dispute Resolution” section after the date on which you placed your order for a Product, you may reject any such change by sending us written notice (including by email to legal@lily.camera) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Lily’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Lily in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).


General Terms

These Terms constitute the entire and exclusive understanding and agreement between Lily and you regarding the purchase of the Product, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Lily and you regarding such a purchase. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Lily’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Lily may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Lily under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the www.lily.camera. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Lily’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lily. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.


Contact Information

If you have any questions about these Terms, please contact Lily by any of the following methods:


Email: legal@lily.camera

Terms and Conditions was last updated July 2, 2015

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Get Your Lily Camera Now For $499!

(12 Days To Go) Shipping in February 2016.
Lily with Tracking Device and Case $999.00 $499.00 x
(12 days left at this price!)
Payment
Account
Subtotal 499.00
Shipping & Handling: 8.00
Sales Tax (8.8%): 35.10
Total: $546.92
* You will be charged immediately. Taxes are based on a maximum US tax tate and excess tax will be refunded based on your shipping address.

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