Disclosure Policy

Term of Use

1. General.  Except as otherwise provided in a written agreement signed by Lace Holdings, LLC, these Terms of Use represent the entire understanding between you and Lace Holdings, LLC and our affiliates including Lemon Peony  (collectively, “LemonPeony”) regarding your use of www.LemonPeony.com (the “Site”) and your submission of any materials to us. Your access to the Site subject to these Terms of Use and the LemonPeony.com Privacy Policy. By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.  By entering any contest you are agreeing to the Giveaway Rules.

LemonPeony.com reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.

2. Disclaimer.  Lemon Peony PROVIDES THE SITE AND ITS SERVICES ON AN “AS-IS” BASIS. Lemon Peony MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Lemon Peony DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, Lemon Peony DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Lemon Peony DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN.

3. Definitions.  The following are definitions used thought the Terms of Use, Privacy Policy, Site Disclosures, and the Giveaway Rules:

(a) Affiliate – a company, who has for the purpose of advertising and marketing to Readers of the Site, has provided compensation to the Site, Prizes, or other monetary item for the purpose of promoting a product or service.

(b) Author – Posts contained within the Site are written and edited by Julie Story or employee(s) of Lace Holdings, LLC unless otherwise noted.

(c) Comment – the original and un-copyrighted thoughts, views, or information expressed by a Reader concerning the Post to which the comment is attached.

(d) Email – a good, working, and active electronic mail address provided by the Reader when leaving a Comment within the Giveaway post, and the inbox for such an email will allow any and all emails from any email with a @LemonPeony.com address.

(e) Giveaway –the offering of a product, service, or item for free, subject to tax, and subject to normal to a person who qualifies according to the terms of the Site and rules of the Giveaway.

(f) Reader – a human person who visits and reads LemonPeony(dot)com and/or leaves a comment on a Giveaway post.

(g) Post – an individual posting of information by one or more Author which contains unique information different from other posts contained within the Site.

(h) Prize – is provided by the Site or an Affiliate or Affiliates depending on the prize, for which compensation may or may not have been paid to the Site.

(i) Site – is the weblog or blog known and operated under the name Lemon Peony and its domain name LemonPeony.com owned by Lace Holdings, LLC.

(j) Winner – is a Reader who has been selected by use of a random drawing and who has been selected as the Reader who should receive the Prize associated with the Giveaway.

4. Limitation of Liability.  IN NO EVENT SHALL Lace Holdings, LLC OR Lemon Peony BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF Lemon Peony IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Lemon Peony LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.

5. Links.  The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than Lemon Peony. Lemon Peony provides these links solely as a convenience. The appearance of a link does not imply Lemon Peony endorsement, nor is Lemon Peony responsible for the content of any linked site. You access linked sites at your own risk. Lemon Peony may derive some form of compensation from the redirection to the link, you waive any claim or right to this compensation by clicking on the link.

6. Eligibility.  You must be 18 years or older to use the Site.  EACH TIME YOU PURCHASE A PRODUCT AT Lemon Peony, YOU ARE REPRESENTING TO THE Lemon Peony THAT YOU ARE EITHER (I) AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 18 WHO IS PURCHASING THROUGH A Lemon Peony AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF USE AND PRIVACY POLICY.

7. Amazon Disclosure. Lace Holdings, LLC (LemonPeony.com) is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com, endless.com, smallparts.com or myhabit.com. 

8. Compliance with Laws.  You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.

9. General Proprietary Rights.  The Site is owned by Lace Holdings, LLC and contains material that is derived in whole or in part from Lemon Peony and other sources. The Site and its contents are protected by international copyright, trademark, service mark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without Lace Holdings, LLC’s express written permission.

10. Comments.  All Comments become the property of the site, and may be used without any further permission or request of the Reader.

11. Warranty and Claims.  Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question. This site makes no representations or warranties about any Item contained within any Post on the Site. No warranties are made as to the validity of any coupon, deal, pricing (including erroneously posted pricing by a third-party site), or timing of any deal.

12. Trademarks and Service Marks.  Trademarks and Service Marks including but not limited to, Lemon Peony, “Lace Holdings” and their respective logos, are Trademarks or Service Marks of Lace Holdings, LLC and/or its affiliates. They may not be used in connection with any product or service other than those services offered by Lace Holdings, LLC or its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Lemon Peony. or its affiliates. All other trademarks are the property of their respective owners.

13. Notice of Potential Infringement.  To notify Lemon Peony of any suspected infringement, please contact us at Julie@LemonPeony.com

14. Applicable Law.  Lace Holdings, LLC operates the Site from Fayetteville, Arkansas, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Arkansas without reference to its conflict of law provisions.

15. Disputes.  You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the state or federal courts of Washington County, Arkansas, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

16. Termination.  These Terms of Use shall remain in force until terminated by Lemon Peony and Lace Holdings, LLC. Lemon Peony and Lace Holdings, LLC may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that, in their sole discretion, believes is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, Submissions, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.

17. Miscellaneous.  If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

18. Site Disclosures:

(a) Affiliates.  This blog uses affiliate links within post content, any post containing an affiliate link contains the word “Affiliate(s)” within the post.  The use of Affiliate(s) links helps to support the time and energy that I put into making this site a great resource!

(b) Standards.  This Site, its Author(s) abide by word of mouth marketing standards, and believe in honesty of relationship, opinion and identity.

(c) Content.  The views and opinions expressed on the Site are only that of the Author. Product Reviews are never paid, and are always an honest opinion; however, samples may be provided for review, but the Author retains full editorial rights and always states a personal opinion. Content, advertising space, and post will be clearly identified as paid or sponsored content. For questions about this Site, sources, or references please visit our Contact Us page.

19. User’s Materials. Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark, or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed;

(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

(d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

Lace Holdings, LLC General Counsel:

Story Law Firm, PLLC

P.O. Box 9210

Fayetteville, AR 72703

(479) 845-5700

DMCA@storylawfirm.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

 

20. Compensation.  This Site accepts forms of cash advertising, sponsorship, paid insertions, and other forms of compensation. The compensation received may influence the type, placement, or frequency of advertising content, topics, or posts made on the Site. The Site is compensated to provide opinion on products, services, websites, and various other topics; however, the Author always give an honest opinion, finding, belief, and experience on those topics or products regardless of compensation.

21. International Use. Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

22. Notices.  All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at Julie@LemonPeony.com, if by e-mail, or at Lemon Peony, 73 Greentree Drive Apt 32, Dover, DE 19904, if by conventional mail. Notices to you may be sent either to any e-mail you may have used to provide communication to us, or we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed e-mail.

 

23. Miscellaneous.  In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

 

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

 

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site.

 

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

 

24. Entire Agreement.  These terms and conditions, and the incorporated Giveaway Rules, and Privacy Policy constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and Lace Holdings, LLC. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

26. Contact Information.  Except as explicitly noted on this site, the services available through this site are offered by Lace Holdings, LLC, an Arkansas limited liability company.  If you have any questions about these terms, or wish to report violators of these terms, contact Julie@LemonPeony.com.

 

Last Updated: 5/11/14

Posted by Julie Story. This post may contain affiliate links.

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