Agreement to Terms of Use
These Terms and Conditions of Use (referred to as the "Terms of Use") are relevant when you access the website of Lilli Enterprises LLC ("Lilli," "Company," "we," "us," or "our"), found at www.lillienterprises.com and www.betterbttr.com. This includes all related sites connected to Lilli, its affiliated companies, and partners around the world (together, known as the "Site"). Lilli owns the Site.
By using the Site, you are confirming your agreement to follow these Terms of Use. If you do not agree, please do not use the Site.
Lilli has the right to change, modify, add, or remove parts of these Terms of Use at any time, based on its own judgment. It is your responsibility to periodically review these Terms of Use for any updates. If you continue to use the Site after these changes are posted, it means you accept and agree to the changes. As long as you adhere to these Terms of Use, Lilli allows you limited, personal, non-transferable access to the Site.
Your Use of the Site
All text, pictures, buttons, visual setups, photos, trademarks, logos, sounds, music, drawings, and computer instructions (referred to as "Content"), which includes the blueprint, layout, choice, synchronization, portrayal, "appearance," and organization of such Content found on the Site, is owned, controlled, or permitted by or to Lilli. It is safeguarded by rules concerning trade appearance, copyright, patent, and trademark, as well as other rights linked to intellectual property and laws concerning fair competition.
Unless clearly specified in these Terms of Use, no section of the Site or any Content may be duplicated, reproduced, published again, transferred, posted, shown openly, encoded, changed, converted, conveyed, or circulated in any manner (including "copying") to any different computer, server, website, or any other platform for publication, distribution, or commercial activity without Lilli's express advance written authorization.
You are allowed to utilize information pertaining to Lilli's products and services (such as informational materials, reference documents, and similar resources) that have been intentionally provided by Lilli for downloading from the Site. This is subject to certain conditions: (1) retaining all notices of proprietary content in every copy of these materials, (2) using such information exclusively for your own, non-commercial informational intent and not reproducing or distributing such information on any networked computer or broadcasting it on any media, (3) refraining from making any modifications to such information, and (4) not presenting any additional warranties or representations relating to such documents.
You are not allowed to use any methods like "deep-linking," "page-scraping," "robots," "spiders," or other automatic tools, programs, algorithms, or ways, whether automatic or manual, to access, copy, or monitor parts of the Site or its Content. Similarly, you must not try to copy or bypass the structure or appearance of the Site or its Content, in order to get materials, documents, or information not intentionally provided by the Site. Lilli has the right to stop such actions.
You must not try to access parts of the Site or its features that you are not authorized to access, including other systems or networks linked to the Site or Lilli's servers. This applies to services provided on the Site as well. Unauthorized methods like hacking or password "mining" are not allowed.
You must not examine or test the security of the Site or any networks connected to it. Neither should you attempt to trace information about other users or customers. You can't exploit the Site to reveal someone else's information or use it in a way that's against the purpose of the Site.
You agree not to do anything that puts an unreasonable or very heavy load on the Site's infrastructure or Lilli's systems or networks. This includes not using any software to interfere with the Site's functioning or with others' use of it.
Don't pretend to be someone else when sending messages to Lilli through the Site. Also, don't use the Site or its Content for anything illegal or against these Terms of Use, or to get others involved in illegal activities or activities that harm Lilli or others.
Accounts, Passwords and Security
Certain features or services available on the Site might require you to create an account (which includes establishing an account and password). It is your sole responsibility to uphold the confidentiality of your account details, including your password. You are also accountable for any actions conducted under your account if your account information isn't adequately safeguarded. In the event of unauthorized access to your account or password, or any breach of security, you commit to promptly informing Lilli. Any losses incurred by Lilli or any other user or visitor to the Site due to the utilization of your Lilli account password, or account by another party because of your failure to secure your account information could result in liability on your part.
Using someone else's account, password, or account without their explicit consent is prohibited. If you fail to adhere to these responsibilities, Lilli will not be held accountable for any losses or damages that may arise.
Purchases; Other Terms and Conditions
Additional terms and conditions may be relevant to the procurement of goods or services and to certain portions or features of the Site. These could encompass promotions, or similar features, and all these terms are included within these Terms of Use through reference. You agree to adhere to these additional terms and conditions. In cases where they apply, you confirm that you meet the legal age requirements for utilizing or participating in such services or features. If there is any contradiction between these Terms of Use and the terms displayed or relevant to a specific section of the Site, or to any service provided through the Site, the latter terms will prevail for your utilization of that section or the specific service.
Lilli's obligations, if any, pertaining to its products and services are governed solely by the agreements that govern their provision. Nothing on this Site should be understood as an alteration to those agreements.
Lilli might modify the products or services available on the Site, along with the applicable prices, without prior notice. The materials regarding products and services on the Site could be outdated, and Lilli doesn't commit to refreshing them concerning these products and services. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Privacy
Lilli's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the LILLI Site
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Lilli's control, and Lilli Enterprises LLC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
LILLI DOES NOT GUARANTEE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE FREE FROM ERRORS OR INTERRUPTIONS, OR THAT ANY DEFECTS WILL BE RECTIFIED. NOR DOES LILLI ASSURE THAT YOUR USE OF THE SITE WILL YIELD SPECIFIC OUTCOMES. THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PRESENTED ON THE SITE IS SUBJECT TO ALTERATION WITHOUT PRIOR NOTICE. LILLI CANNOT CERTIFY THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE COMPONENTS. LILLI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. LILLI DOES NOT BEAR RESPONSIBILITY FOR THE ACTIONS, OMISSIONS, OR BEHAVIOR OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATING TO YOUR USE OF THE SITE AND/OR ANY LILLI SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USAGE OF THE SITE AND ANY LINKED SITES. YOUR SOLE RECOURSE AGAINST LILLI IN CASE OF DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO CEASE USING THE SITE OR SAID CONTENT. THIS LIMITATION OF REMEDY FORMS A PART OF THE AGREEMENT BETWEEN THE PARTIES.
The above disclaimer encompasses any damages, liability, or injuries arising due to performance failure, errors, omissions, interruptions, deletions, defects, operation delays, data transmission delays, computer viruses, communication line failures, theft, unauthorized access, data alterations, or utilization, whether grounded in contract breach, tort, negligence, or any other legal cause.
Lilli reserves the prerogative to execute any of the following actions at any time and without prior notification: (1) modify, suspend, or terminate the operation or access to the Site, or any portion thereof, for any rationale; (2) modify or alter the Site, or any segment thereof, alongside applicable policies or terms; and (3) intermittently halt the Site's operation or any portion thereof, as needed for routine or non-routine maintenance, error rectification, or other modifications.
Limitation of Liability
Except where prohibited by law, in no event will Lilli be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Lilli has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Lilli is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Lilli's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Lilli (but not including the purchase price for any hardware or software products or any Lilli or similar support program), or (2) US $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Lilli, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Lilli by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Lilli may reveal any information we possess about you (including your identity) if we establish that this disclosure is essential in connection with any inquiry or grievance relating to your utilization of the Site. It might also be necessary to pinpoint, contact, or take legal action against someone causing harm to Lilli's rights or property, as well as the rights or property of Site visitors or users, including Lilli's customers. Lilli maintains the right to disclose information at all times, as long as it is deemed necessary to adhere to pertinent laws, regulations, legal processes, or governmental appeals. Additionally, Lilli may divulge your information when obligated or authorized by the law to do so. This could include exchanging information with other organizations to prevent fraud.
You admit and accept that Lilli may keep any correspondence or communication you have with Lilli through the Site or any service offered on the Site. Such data may also be disclosed if required by the law or if Lilli believes that retaining or revealing it is reasonably essential to (1) adhere to legal procedures, (2) enforce these Terms of Use, (3) respond to allegations of data infringement by others, or (4) safeguard Lilli, its employees, Site users or visitors, and the general public.
You concur that Lilli holds the authority, at its sole discretion and without prior notification, to terminate your access to the Site. This can include blocking future access if Lilli determines that you have violated these Terms of Use or other associated agreements or guidelines tied to your Site usage. You also acknowledge that any infringement by you of these Terms of Use will be seen as an illicit and unjust business practice. It will lead to irreparable harm to Lilli, where monetary compensation would be insufficient. You consequently approve of Lilli procuring any necessary or fitting injunctive or equitable relief in such situations. These remedies are supplementary to any other legal or equitable remedies that Lilli might have.
Lilli also has the right, at its sole discretion and without prior notification, to terminate your access to the Site for a valid reason. Such grounds might involve (but are not restricted to) (1) requests from law enforcement or government agencies, (2) requests initiated by you (self-initiated account removals), (3) the discontinuation or substantial alteration of the Site or any service provided on the Site, or (4) unexpected technical hindrances or issues.
If Lilli initiates any legal action against you due to your breach of these Terms of Use, you consent to paying all reasonable attorneys' fees and costs related to such action, alongside any other relief granted to Lilli. You also concur that Lilli will not be held accountable to you or any third party for terminating your Site access because of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You consent that all matters relating to your usage of or access to the Site, including any conflicts, will be regulated by the laws of the United States and the laws of the State of Florida. This will be in accordance with the State of Florida's laws, disregarding its conflicts of laws stipulations. You consent to the personal jurisdiction and venue of the state and federal courts located in St. Petersburg, Florida, and you relinquish any objection to this jurisdiction or venue. However, this jurisdictional provision doesn't apply if you are a consumer residing in the European Union. In such a case, you may file a claim in the courts of the country where you live. Any claim arising from these Terms of Use must be filed within one (1) year from the occurrence of the event leading to the claim. Failure to do so will bar the claim. This timeframe limitation does not extend to claims made under separate terms and conditions for the purchase of goods and services. Any recovery sought or received will be limited to out-of-pocket expenses, unless the prevailing party is entitled to costs and attorneys' fees. If any disagreement arises between Lilli and you regarding your Site usage, the parties will strive to promptly and sincerely address and resolve it. If the dispute remains unresolved for a reasonable period (not exceeding thirty (30) days), either party may propose mediation. Should mediation fail to settle the dispute, the parties are free to pursue any available remedies under the applicable law.
Void Where Prohibited
Lilli manages and operates the www.lillienterprises.com Site from its offices located in St. Petersburg, Florida, USA. Other Lilli sites may be overseen and operated from different locations outside the United States. While the Site is accessible worldwide, not all characteristics, products, or services discussed, mentioned, furnished, or offered through or on the Site may be accessible to all individuals or within all geographical regions. Moreover, such features, products, or services might not be suitable or available for utilization outside the United States. Lilli retains the prerogative, as per its sole discretion, to restrict the provision and quantity of any feature, product, or service to any individual or specific geographic area. Any offer for a feature, product, or service on the Site is null and void where prohibited. Should you opt to access the Site from outside the United States, you undertake this at your own initiation and bear the exclusive responsibility for adhering to relevant local regulations.
Miscellaneous
You are prohibited from employing, exporting, or re-exporting any Content, or any duplicate or adaptation thereof, or any product or service offered on the Site, in violation of pertinent laws and regulations, including, but not confined to, United States export laws and regulations.
In the event that any clause within these Terms of Use is declared null or unenforceable by a court or competent tribunal, such clause shall be minimized or eliminated to the necessary extent and substituted with a valid provision that best reflects the intention of these Terms of Use. This ensures that these Terms of Use remain in full effect. These Terms of Use serve as the complete agreement between you and Lilli regarding your Site use. Any earlier written or oral agreements or understandings between you and Lilli concerning such use are replaced and annulled. With the exception of purchase agreements you establish with Lilli, counter-offers to these Terms of Use will not be accepted by Lilli, and all such offers are explicitly declined. Lilli's decision not to impose or enforce stringent compliance with these Terms of Use shall not be interpreted as a relinquishment by Lilli of any provision or right to enforce these Terms of Use. Neither will any course of interaction between Lilli and you, or any other party, be taken as a modification of any provision within these Terms of Use. These Terms of Use shall not be construed as bestowing rights or remedies upon any third parties.
Lilli offers access to international data and may include references to Lilli products, programs, and services not announced in your country. Such references do not indicate that Lilli intends to announce these products, programs, or services in your country.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Lilli shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.