TERMS AND CONDITIONS

Please carefully read the following Terms & Conditions before using the LillyPulitzer.com Website (the "Site") operated and owned by Sugartown Worldwide LLC d/b/a Lilly Pulitzer (“Lilly Pulitzer”, “we”, “us” “our”) . By accessing this Site, you agree to be bound by these Terms & Conditions. These Terms & Conditions may be updated from time to time. Accordingly, you should check the date of the Terms & Conditions (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms & Conditions, please do not use this Site.

Jurisdiction

Our products and services are available exclusively in the U.S. and we control and operate this Site in the U.S. Neither our services nor the operation of this site are intended to subject us to the laws or jurisdiction of any state, province, country or territory other than that of the U.S. By visiting this Site, you agree that the laws of the Commonwealth of Pennsylvania, without regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Lilly Pulitzer. Any dispute arising under these Terms & Conditions in connection with your use of this Site shall be resolved exclusively by the state and/or federal courts of the Commonwealth of Pennsylvania Philadelphia County/ Eastern District of Pennsylvania.

Prices And Quantity Limits

We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.

Privacy

Please review our Privacy Policy, to understand our practices regarding the use and disclosure of your personal information.

Electronic Communications.

Please review our Community Content Policy, to understand our policies and practices regarding your communication with Lilly Pulitzer.

Copyright

All content included in the Site, such as text, graphics, photographs, logos, button icons, flash movies, images, audio clips, videos, digital downloads, data compilations and software, is the property of Lilly Pulitzer or its content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Lilly Pulitzer and protected by U.S. and international copyright laws. All software used on the Site is the property of Lilly Pulitzer or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.

Trademarks

All trademarks, logos, service marks and trade names are proprietary to Lilly Pulitzer or other respective owners that have granted the Site the right and license to use such intellectual property.

Registration, Accounts, And Passwords

If you register and create an account on the Site you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose, and (ii) all activities that occur under such password or account identifiers. You agree to notify Lilly Pulitzer of: (i) any loss of your password or other account identifiers and (ii) any unauthorized use of your password or other account identifiers. Lilly Pulitzer shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms & Conditions

Product Information

Most products displayed on the Site are available in Lilly Pulitzer Retail stores in the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in stores. In some cases, merchandise displayed on the Site may be available for sale at a different price than in Lilly Pulitzer Retail Stores or other places that sell Lilly Pulitzer merchandise. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site.

Links To Other Web Sites

This Site may contain links to websites other than our own. Lilly Pulitzer does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. Lilly Pulitzer does not control the content of these sites and takes no responsibility for their content, nor should it be implied that Lilly Pulitzer endorses or otherwise recommends such sites or the products or services offered.

Limitation Of Liability

IIN NO EVENT SHALL Lilly Pulitzer OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF Lilly Pulitzer HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Lilly Pulitzer AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, Lilly Pulitzer and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice. Applicable Law The laws of the Commonwealth of Pennsylvania will govern these Terms & Conditions without giving effect to any principles of conflict of law.

Indemnification

You agree to indemnify, defend and hold harmless Lilly Pulitzer, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Site from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you or your use and access of Site.

International Use

Given the global nature of the internet, you agree to comply with all local rules including, without limitation, rules about the internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Eligibility, Confidentiality of Passwords and Other Account Identifiers

This Site is not targeted towards, nor intended for use by, anyone under the age of 13. By using the Site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Site. In addition, you may not make a purchase from our Site unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Site; (b) do not have more than one account per Site; and (c) that you have full power and authority to enter into and consent to these Terms and in doing so will not violate any other agreement to which you are a party.

If you create an account on the Site you are responsible for: (i) maintaining the confidentiality of passwords and other account identifiers you choose, and (ii) all activities that occur under or in connection with such passwords and account identifiers. You agree to notify Lilly Pulitzer immediately in the event of: (i) any loss of your password or other account identifiers or (ii) any unauthorized use of your password or other account identifiers. Lilly Pulitzer will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these Terms.

Gift Card Terms & Conditions

1. Gift Cards and E-Gift Cards are only redeemable at www.lillypulitzer.com and at any Lilly Pulitzer corporate retail store and may not be used at any Lilly Pulitzer Signature Stores, Department Stores or any other locations that sell Lilly Pulitzer® merchandise. Find a store near you.


2. You cannot use a gift card to purchase another gift card.


3. Gift Cards, E-Gift Cards and Merchandise credit are governed by Pennsylvania law and are not redeemable for cash or credit except where required by law.


4. Gift Cards and E-Gift Cards are non-refundable.


5. The balance on a gift card can be viewed at LillyPulitzer.com/giftcards.


6. If the order exceeds the amount of the gift card, the balance must be paid by credit or debit card.


7. Gift Cards do not expire.


8. Normal LillyPulitzer.com terms and conditions apply to all purchases except where they conflict with these terms and conditions.


9. If you cancel an order for any item you have purchased by redeeming your gift card, your LillyPulitzer.com account will be credited with the amount redeemed. If you redeemed your gift card in part payment of any item, you have the right to request a cash refund for the amount you paid using your credit/debit card. Stores provide a limited cash refund and the remainder will be sent in the form of a check from Oxford Inc. If you do not request a cash refund your LillyPulitzer.com account will be credited with the full amount paid.


10. LillyPulitzer.com has the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift card is redeemed through the LillyPulitzer.com website.

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Mobile Messaging Terms and Conditions

Lilly Pulitzer (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions (the “Mobile Message Terms”). By opting in to or participating in the Program, you accept and agree to these Mobile Message Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. These Mobile Message Terms are limited to the Program and are not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In

The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that these Mobile Message Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out

If you do not wish to continue participating in the Program or no longer agree to these Mobile Message Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in the Program.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency

Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions

For support regarding the Program, text “HELP” to the number you received messages from or email us. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure

The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.

Participant Requirements

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction

You may not use of engage with the Program if you are under eighteen (18) years of age. By using or engaging with the Program, you acknowledge and agree that you are not under the age of eighteen (18) years, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Program.

Dispute Resolution

In the event that there is a dispute, claim, or controversy between you and Us, or between you and Lilly Pulitzer or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, these Mobile Message Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Philadelphia, Pennsylvania before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Lilly Pulitzer’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Mobile Message Terms or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Mobile Message Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Mobile Message Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Mobile Message Terms unless explicitly stated otherwise in writing. We reserve the right to change these Mobile Message Terms from time to time. Any updates to these Mobile Message Terms shall be communicated to you. You acknowledge your responsibility to review these Mobile Message Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Mobile Message Terms, as modified.

Lasted Revised January 7, 2023