Ship The Lip LLC
Terms & Conditions

 

Welcome to our website (“Site”). This Site is owned and operated by Ship The
Lip LLC (“Ship The Lip™”). This is a binding contractual agreement between
you and Ship The Lip™.

The Terms & Conditions (as defined below), and all rules for all sweepstakes, games and other contests are incorporated into one another by reference and are
referred to individually and collectively as the “Agreement.”

Your visitation, registration for an account, access and/or use of this Site
constitutes your acceptance of this Agreement (as defined below). Ship The Lip™
may modify the Agreement at any time without prior notice to you. Such
modification shall be effective immediately upon the first of the following events
to occur: (1) posting of the modified Agreement to the website, or (2) upon
otherwise notifying you of the modified Agreement. You agree to periodically
review the terms and conditions set forth in this Agreement to ensure that you
are aware of any modifications.

You agree to do business with Ship The Lip™ electronically . By agreeing to do
business electronically , you (i) consent to the electronic communication and
delivery of all documents related to the Site and all other goods and services
provided via the Site; and (ii) agree that your act of clicking your consent to this
Agreement is a binding form of your electronic signature, which you agree binds
you to this Agreement and the Privacy Policy .

NOTIFICATION OF ARBITRATION CLAUSE AND CLASS ACTION/JURY
TRIAL WAIVER

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU
UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A
MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS
ACTION/JURY TRIAL WAIVER PROVISION, AS SET FORTH BELOW.

 

Definitions

“Agreement” means these Terms & Conditions. "Personally Identifiable Information" means any information that identifies a natural person, such as name, Social Security Number or other government-issued number, date of birth, address, telephone number, biometric data, and the like.

“Person” means a natural person, entity organized under the laws of a
governmental authority or unincorporated association or organization, unless
otherwise specified.

“Site” means any and all pages of the website (individually and collectively) you
are viewing at the moment, and also includes any and all websites on which the
Agreement is posted.

“User” or “you” or "your" refers to any and all natural persons who visit, create
an account with, access or use this Site in any way imaginable, whether through
existing technology or through technology not heretofore manufactured, devised
or discovered, or who request, purchase, subscribe to, access, or otherwise use
the goods and services offered on this Site.

Products, Prices and Payment Terms

All prices posted on this site are subject to change without notice. The price
charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges (if any) will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. All goods or services purchased on the Site are subject to availability . We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers.

Terms of payment are within our sole discretion and, unless otherwise agreed by
us in writing, payment must be received by us before our acceptance of an order.
You represent and warrant that (i) the credit or debit card or banking information
you supply to us is true, correct, and complete, (ii) you are authorized to use
such information for the purchase, (iii) charges incurred by you will be honored
by your credit card company or bank, and (iv) you will pay charges incurred by
you at the posted prices, including all applicable taxes, if any .

Security

You agree to keep your password confidential and not to distribute it or otherwise allow anyone other than you to access your account. Your password is the key to all of the information in your account.

Any communication you make on this Site or over the Internet, whether sent via
e-mail, via a form on the Site, or a message board, etc., should be regarded as an
insecure communication, unless we explicitly state on a particular web page that
you can expect the communication to be secure or encrypted.

Refusal & Termination of Service

Ship The Lip™ reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement.

Export Control

You may not use or otherwise export or re-export the Site and/or its content,
except as authorized by United States law. The Site and its content may not be
exported or re-exported (i) into (or to a national or resident of) any U.S.-embargoed country , (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or (iii) to anyone on the U.S. Department of Commerce's Table of Denial Orders. You represent and warrant that you are not a resident or national of any such country on any such list, and are not located in, under the control of, acting on behalf of or in concert with, a resident or national of any such country or on any such list.

License to Use the Site

Ship The Lip™ grants, subject to the terms of this Agreement, a limited, non-transferable, non-sublicensable, non-exclusive license to use the software, content and documentation which it owns, or of which it is a licensee, for the limited purposes accessing, exploring and using the Site in real time in a manner
consistent with the terms of the Agreement.

Intellectual Property Rights in the Site

Unauthorized duplication of this Site, in whole or in part, or of any plans,
designs, specifications, data or content made available from the Site (except as expressly authorized herein) is a violation of the Copyright Act of 1976.

Copyrights

Unless otherwise stated, Ship The Lip™ owns the copyright interests in and to
this Site and is the owner or a licensee of the content hereon, including, without
limitation, all “works” as defined in the Copyright Act of 1976, text, graphics,
images, video material, audio material, audiovisual material, and other content,
regardless of media format, whether now existing or hereafter arising (“Copyright Material”). The Copyright Material is protected by United States and international copyright laws. You may display and download portions of the Site solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the Site. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, display , or any commercial use of the content on this site are strictly prohibited by law.

Trademarks

SHIP THE LIP™ is a trademark owned by Ship The Lip™ (individually and
collectively the “Trademarks”). The Trademarks may not be used in any manner by any person or in connection with any product or service, without the express written authorization of an officer or director of Ship The Lip™. All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners.

Notice and Procedure for Making Claims of Copyright Infringement Notice of Claimed Infringement

Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted
to the following designated agent:
Hank Fasthoff
Fasthoff Law Firm PLLC
21 Waterway Ave., Suite 300
The Woodlands, TX 77380
hank@fasthofflawfirm.com

To be effective, the notification must be a written communication that includes
the following:

(i) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A reasonably detailed description of the alleged infringing material, or,
if multiple copyrighted works are alleged to be infringing, a representative
list of such works on this website;
(iii) A reasonably detailed description of where the alleged infringing
material is located on this website;
(iv) Information reasonably sufficient to permit us to contact the
complaining party , such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party may
be contacted;
(v) 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, its agent, or the law; and
(vi) 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.

Counter-Notice

If you believe that your content that was removed pursuant to a Digital
Millennium Copyright Act notice we received is not infringing, or that you have
the authorization from the copyright owner, the copyright owner's agent, or
pursuant to law, to post and use the content, you may send a counter-notice
containing the following information to the Copyright Agent at the address listed
above:

(i) Your physical or electronic signature;
(ii) Identification of the content that has been removed or to which access
has been disabled and the location at which the content appeared before it
was removed or disabled;
(iii) A statement that you have a good faith belief that the content was
removed or disabled as a result of mistake or a misidentification of the
content; and
(iv) Your name, address, telephone number, and e-mail address, a
statement that you consent to the jurisdiction of the federal court in Dallas
County , Texas, and a statement that you will accept service of process from
the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of
the counter-notice to the original complaining party informing that person that it
may replace the removed content or cease disabling it in 10 business days. Unless
the copyright owner files an action seeking a court order against the content
provider, member or user, the removed content may be replaced, or access to it
restored, in 10 to 14 business days or more after receipt of the counter-notice, at
our sole discretion.

Reviews

We may offer you the opportunity to submit reviews or ratings of the goods and
services made available on this site. When posting a review, you must comply
with the following criteria:

(1) you must have personal experience with goods and/or services
being reviewed;
(2) reviews shall not contain profanity or abusive language or direct
or implied statements referencing religion, race, gender, disability ,
age, martial status, national origin, or sexual orientation;
(3) reviews shall not contain references to illegal activity;
(4) you may not post a review if you are affiliated with a
competitor, if you wish to post a negative review;
(5) all factual statements must be true;
(6) you are prohibited from organizing a campaign to encourage
others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews, even if anyone
considers reviews objectionable or inaccurate. Reviews are not endorsed by us,
and do not necessarily represent our opinions or the views of any of our affiliates
or partners.

General Submissions

Ship The Lip™ values and encourages feedback. Pursuant to Ship The Lip’™
policy , however, we do not accept or consider creative ideas, suggestions, or
materials other than those specifically requested from you by Ship The Lip™, if
you choose to send any creative submissions to us, whether at Ship The Lip’™
request, or despite our request that you do not send submissions to us, then you
hereby irrevocably assign and transfer to Ship The Lip™ any and all rights,
throughout the universe, in and to each submission (including the individual
elements of each submission), without any compensation therefore, including,
without limitation, all domestic and foreign copyrights, trademark rights (and
goodwill appurtenant thereto), patent rights, trade secret rights, know-how, and
all other intellectual property rights and other rights, whether now existing or
hereafter arising. To the extent moral rights may not be assigned or transferred,
you hereby irrevocably waive enforcement of any and all moral rights. Ship The
Lip™ shall be entitled to complete unrestricted use of the submissions and all
content, data and information contained therein for any purpose, whether
commercial or otherwise, without compensation to, or recognition or
acknowledgment of, the author(s) or provider(s) of the submissions.

User Representations & Warranties

You represent and warrant that you are at least 18 years of age and have reached
the age of majority in the location where you reside and are of legal age to
purchase the goods and services made available on this site. If you desire to
participate in one or more sweepstakes, contests or promotions that may be
offered by Ship The Lip™, you further represent that you are a lawful resident of
one of the states for which registration for sweepstakes, contests or promotions is
permitted. You further represent and warrant that you possess the legal right and
ability to enter into this Agreement and to use the Site in accordance with this
Agreement. You agree to be financially responsible and otherwise responsible for
your use of the Site, and to comply with your responsibilities and obligations as
stated in this Agreement. You further agree to (i) provide true, accurate, current
and complete information about you as requested by the forms available on this
Site; and (ii) to maintain and update your information to keep it secure, true,
accurate, current, and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, Ship The Lip™ has the right to terminate
your account and refuse any and all current or future use of the Site.

You further represent and warrant that you will not provide to us the name,
address, email address, phone number, or other personal identifying information
of any person under the age of 13. Violation of this provision is grounds for
immediate cancellation of any orders, goods, and services offered hereunder.

Governing Law, Jurisdiction, & V enue; Arbitration

All uses of the Site, and all content contained herein, including, without
limitation, any disputes arising under or related to this Agreement, shall be
governed by and interpreted pursuant to the laws of the State of Texas and the
United States of America without regard for conflicts of laws principles. All
disputes arising under or relating to the Agreement and/or your visitation,
access or use of the Site, shall be submitted to and resolved by binding
arbitration in Dallas County , Texas, and any award shall be confirmed
exclusively in the courts situated in Dallas County , Texas. You further irrevocably
agree and consent to the exclusive jurisdiction and venue of the courts situated in
Dallas County , Texas for the purposes of reviewing, confirming or otherwise
relating to any arbitration award, and you hereby expressly waive jurisdiction
and venue in any other forum for such purposes. Any arbitration shall be
conducted on a confidential basis pursuant to the Commercial Arbitration Rules
of the American Arbitration Association. Any decision or award as a result of
any such arbitration proceeding shall be in writing and shall provide an
explanation for all findings of fact and conclusions of law, and shall be kept
confidential and not disclosed for any purpose except as required by law, e.g.,
disclosure to tax advisors for the purpose of filing a tax return. Any such
arbitration shall include a written record of the arbitration hearing.

WAIVER OF CLASS ACTION/JURY TRIAL

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MA Y NOT JOIN
OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN
COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER
OF A CLASS OR IN A PRIV ATE ATTORNEY GENERAL CAPACITY , AND YOU
HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MA Y HA VE TO FILE ANY
SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY SUCH
CAPACITY . YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT
TO A JURY TRIAL.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY , AND HOLD HARMLESS SHIP THE
LIP™ AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES,
SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST,
PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS,
MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT
VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND
REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY , THE
“INDEMNIFIED PARTIES”), FROM AND AGAINST ALL LIABILITIES,
DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND
ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING
OUT OF, OR RELATING TO (I) YOUR ACTUAL OR ALLEGED BREACH OF
THIS AGREEMENT (II) YOUR ACTUAL OR ALLEGED NEGLIGENT, WILFUL
OR INTENTIONAL ACTIONS OR OMISSIONS ARISING OUT OF OR
RELATING TO YOUR REGISTRATION, VISITATION OR USE OF THIS SITE;
PURCHASE, POSSESSION, USE OR NONUSE OF ANY MERCHANDISE OR
SWEEPSTAKES ENTRY AND/OR PURCHASE, POSSESSION, USE OR
NONUSE OF SWEEPSTAKES WINNINGS; AS WELL AS YOUR
PARTICIPATION IN ANY SWEEPSTAKES, CONTEST OR OTHER
PROMOTION. THE INDEMNIFIED PARTIES MA Y , AT THEIR SOLE
DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY
MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT
THAT MA Y HA VE THE POTENTIAL TO AFFECT AN INDEMNIFIED PARTY’S
RIGHTS IN ANY WA Y SHALL BE ENTERED INTO WITHOUT SUCH
INDEMNIFIED PARTY’S PRIOR WRITTEN APPROV AL.

LIMITATION OF LIABILITY

ACCESS TO AND USE OF THIS WEBSITE IS PROVIDED ON AN “AS IS”
BASIS. YOU AGREE THAT SHIP THE LIP™ AND ITS PARENT (IF ANY),
SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF
THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS,
EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS,
OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS,
INSURERS, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND
COLLECTIVELY , THE “LIMITED PARTIES”), SHALL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND, OR FOR ANY INDEMNITY , REGARDLESS
OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY , THAT
ARISE OUT OF OR RELATE TO YOUR VISITATION OR USE OF THIS SITE;
PURCHASE, POSSESSION, USE OR NONUSE OF MERCHANDISE OR A
SWEEPSTAKES ENTRY , OR THE OFFERING OF CONTENT, INFORMATION,
GOODS, SERVICES, OR OTHER MATERIAL ON, OR ACCESSIBLE THROUGH,
THIS WEBSITE AND/OR IN ANY EMAILS, NEWSLETTERS, OR IN ANY
EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE
FOREGOING, THE LIMITED PARTIES SHALL NOT BE LIABLE FOR ACTUAL,
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY , SPECIAL,
AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE,
LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, LOSS OF
OPPORTUNITY , LOSS OF BUSINESS, LOSS OF EARNINGS, OR INJURY TO
PERSON (INCLUDING DEATH) OR PROPERTY .

DISCLAIMER OF ALL OTHER WARRANTIES

ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER
CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. SHIP THE
LIP™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE,
NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR
THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, OR SERVICES
CONTAINED HEREIN. SHIP THE LIP™ EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.

SITE USAGE POLICY

The Site may be used only for lawful purposes. The transmission, storage,
routing, or presentation of any information, data or material in violation of any
applicable local, state, or federal law or regulation, or in violation of this Site
Usage Policy is strictly prohibited. Examples of such information, data, or
material include unauthorized reproduction, publication, distribution or other
use of copyrighted works, patents, inventions, trademarks, trade secrets;
research, development, plans, materials or other data that are prohibited by the
United States Export Control Regulations; or the dissemination of harmful,
harassing, or fraudulent content. Any conduct by any user that constitutes
harassment, fraud, stalking, abuse, or a violation of applicable law is strictly
prohibited. Using the Site to perform, or solicit the performance of, any illegal
activity is also strictly prohibited.

In addition to the forgoing, the following uses are strictly prohibited and all users
agree not to engage in such conduct, directly or indirectly:

a. Posting or transmitting any unsolicited advertising, promotional
materials, junk mail, "spam," chain letters/emails, telephone calls or any
other form of solicitation to anyone.
b. c. Spamming any email address that appears on the Site.
Posting any multi-level-marketing, pyramid scheme, "club membership,"
distributorship or sales representative agency arrangement or other
business or commercial opportunity .
d. Including any hidden text in your postings, including words in white or
otherwise invisible font.
e. Deleting or revising any material posted by any other person or entity .

f. If you have a password allowing access to a nonpublic area of the Site, you
are prohibited from sharing or disclosing it to any third party , and from
allowing any third party to access the Site under your account.
g. Using, or attempting to use, any engine, software, tool, agent or other
device or mechanism (including without limitation browsers, spiders,
bots, avatars or intelligent agents) to navigate or search the Site, other than
(i) the search engine and search agents available on the Site, and (ii)
generally available third party web browsers.
h. Accessing the Site by any means other than through the interface that is
provided for use in accessing the Site.
i. Attempting to decipher, decompile, disassemble or reverse engineer any
of the software comprising a part of the Site.
j. Aggregating, copying or duplicating in any manner any of the materials
or information available from the Site.
k. Framing of or linking to any of the materials or information available from
the Site.

Contact Us

In order to resolve a complaint regarding the Company Services or to receive
further information regarding use of the Company Services, please contact
Company as set forth below or, if any complaint with us is not satisfactorily
resolved, and you are a California resident, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the Department of
Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by
telephone at 1-916-445-1254.

Ship The Lip, LLC
13509 Lyndon B Johnson Fwy , Ste 200
Garland, TX 75041-47041