PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY PRIOR TO USING THIS SITE
TERMS AND CONDITIONS
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
COPYRIGHT
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Lovely Lydia Design. The collective work includes works that are licensed to Lovely Lydia Design. Copyright 2010, Lovely Lydia Design. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Lovely Lydia Design or purchasing Lovely Lydia Design products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Lovely Lydia Design or to purchase Lovely Lydia Design products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TRADEMARKS
All trademarks, service marks and trade names of Lovely Lydia Design used herein (including but not limited to the Lovely Lydia Design name) are trademarks or registered trademarks of Lovely Lydia Design.
WARRANTY DISCLAIMER
This site and the materials and products shown on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Lovely Lydia Design disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Lovely Lydia Design does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Lovely Lydia Design does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you. Please review the items carefully prior to making a purchase. If within 30 days of your purchase your product begins to fail under normal use, please notify us via email (kristen@lovelylydiadesign.com) and we will notify you where to ship your item for repair and or replacement. Return shipping is the responsibility of the customer. Normal use for bicycle bags is defined as follows: -Maximum load of 5 lbs -No sharp objects -No use in adverse or harsh weather conditions -Use only on vehicles intended (aka bikes) Normal use for lock covers is defined as follows: -No sharp objects -No use in adverse or harsh weather conditions -Use only with intended vehicles (aka bikes) and on bicycle racks Lovely Lydia Design takes no responsibility for items lost or stolen while using the bicycle lock and/or cover. If the lock is compromised, please contact the original manufacturer. It is our desire to provide you with excellent customer care, so please email us with any questions or concerns and we will do our best to assist you promptly.
LIMITATION OF LIABILITY
Lovely Lydia Design shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Lovely Lydia Design has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TYPOGRAPHICAL ERRORS
In the event a Lovely Lydia Design product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Lovely Lydia Design shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Lovely Lydia Design shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Lovely Lydia Design shall issue a credit to your credit card account in the amount of the incorrect price.
TERM; TERMINATION
These terms and conditions are applicable to you upon your t any time by Lovely Lydia Design. The provisions relating to Copyrights,conditions, or any of them, may be terminated without notice, for any reason, at any time by Lovely Lydia Design. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE
Lovely Lydia Design may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in Lovely Lydia Design’s account information. Lovely Lydia reserves the right to deliver communication to you by means of e-mail if you provide us with your email address. If you would like to be removed from our communication list, please notify us via email (kristen@lovelylydiadesign.com) and we will honor your request.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of Oregon, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Specifically, this Agreement shall be subject to Oregon Revised Statutes Chapter 72, "Sales". You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Lovely Lydia Design products) shall be in the state or federal courts located in Multnomah County, Oregon. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Lovely Lydia Design products) must be commenced within one (1) year after the claim or cause of action arises. Lovely Lydia Design’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Lovely Lydia Design may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Lovely Lydia Design or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. You may not send unsolicited e-mail (SPAM) to any @lovelylydiadesign.com e-mail address.
PARTICIPATION DISCLAIMER
Lovely Lydia Design does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Lovely Lydia Design is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Lovely Lydia Design reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Lovely Lydia Design in its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Lovely Lydia Design, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our site visitors, Lovely Lydia Design may occasionally link to websites operated by third parties. Lovely Lydia Design has no control over the content of the third party sites, even if Lovely Lydia Design is affiliated with said sites. When you visit linked sites, they are only for your convenience and you are accessing them at your own risk. We do our best to ensure quality links, so if one of the links does not work or is not appropriate, please notify us.