Lilys List — Lily’s List Terms Of Use

Lily’s List Terms Of Use

This Agreement (”Agreement”) and the policies referred to herein contain the terms and conditions that apply to your use of the Internet web site and services located at http://lilyslist.com and all affiliated web sites owned, operated, licensed, or controlled by Lily’s List, Inc., an Illinois corporation (”Lily’s List”).

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF LILYSLIST.COM. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THE AGREEMENT, PLEASE DO NOT USE THIS SITE.

ACCEPTANCE OF TERMS
You must be at least 18 years of age to use this Service. By using the Service you agree to comply with this Agreement and to abide by any posted guidelines for all Lily’s List services, which may change from time to time. If you object to any term or condition of the Terms, any guidelines, or any subsequent modifications or become dissatisfied with Lily’s List or the Service in any way, your only recourse is to discontinue use of the Service. There are no refunds for membership or registraton fees paid or monetary gifts made to Members using the Service.
CHANGES TO THIS AGREEMENT
Lily’s List reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement and the Privacy Policy at any time and without notice. Such modifications shall become effective immediately upon posting. You should review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms at www.lilyslist.com/terms-of-use.
SERVICES
Lily’s List provides a collection of online campaigns, comment forums, and messaging systems (”Service”). The Service allows members who register (”Members”) to create a Personal Fundraising Page (”PFP”), invite friends and family to view the PFP, and receive donations for the member’s student loan account (”Account”). In order to register an account with Lily’s List, you must provide the following information (a) a current copy of your student loan statement and/or payment coupon, which includes the Account holder’s full name, (b) Account number, (c) loan institution address, (d) current loan balance, and (e) your Social Security Number (SSN) if you wish to have donations processed electronically; otherwise gift donations will be processed by check via U.S. Mail. For loans held by banks, you may need to provide the electronic routing number of the loan institution. You agree to provide true, correct, accurate, and complete information. LILY’S LIST SHALL NOT BE RESPONSIBLE OR LIABLE FOR ERRORS OR OMISSION CAUSED BY YOUR FAILURE TO DO SO. See www.lilyslist.com/how-it-works-for-students for more information.You will receive immediate notification of donations received, but please allow 3-10 business days for deposits to be credited into your Account. You will be able to send acknowledgments to thank your donors from your PFP, unless a donor has chosen to remain anonymous.
CONTENT
You are solely and exclusively responsible for all materials including, but not limited to, campaigns, messages, text, files, images, photos, video, sounds, or other materials (collectively, “Content”) that you upload to your PFP or that is posted on, transmitted through, or linked from the Service. You represent and warrant that you own or are specifically authorized to use all such Content.Lily’s List does not control and shall not be responsible for Content made available through the Service by you or other users of the Service or any third parties. The lilyslist.com web site and Content made available through the Service may contain links to other websites, which are completely independent of Lily’s List. Lily’s List makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. Lily’s List will not be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Lily’s List does not pre-screen or approve Content. However, Lily’s List has the right (but not the obligation) in its sole and absolute discretion to refuse, delete or remove any Content for violating the letter or spirit of the Terms, or for any other reason.
NON-AFFILIATED CONTENT, SITES, AND SERVICES
The lilyslist.com web site and Content made available through the Service may contain features and functionalities that may link or provide access to third party content that is completely independent of lilyslist.com and the Service, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with third-party organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Lily’s List is not responsible or liable for any loss or damage incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you agree that Lily’s List is under no obligation to become involved. In the event of a dispute between you and any third party arising from or related in any way to use of the web site of the Service, you agree to indemnify Lily’s List in accordance with Section 18 below.
INFRINGEMENT NOTIFICATIONS
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Company’s Copyright Agent with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
2. a description of the copyrighted work or other intellectual property that you claim has been infringed.
3. a description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address.
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Lily’s List Agent for Notices of claims of copyright or other intellectual property infringement:

Copyright Agent
Lily’s List, Inc
email:info@lilyslist.com
PRIVACY POLICY
It is Lily’s List’s policy to respect the privacy of its users. Therefore, in addition to the privacy of registration data, Lily’s List shall not monitor, edit, or disclose the contents of a guest’s e-mail unless required in the course of normal maintenance of lilyslist.com and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to (a) comply with the law or comply with legal process served on Lily’s List; (b) protect and defend the rights or property of Lily’s List; or (c) act in an emergency to protect the personal safety of our users or the public You shall remain solely responsible for the content of your messages. Our Privacy Policy can be viewed at www.lilyslist.com/privacy-policy.
ACCEPTABLE CONTENT
1. You agree that you shall not use the Service in violation of this Agreement. Furthermore, you agree that you shall not post, email, or otherwise make available Content:
  1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
  2. that is pornographic or depicts a human being engaged in sexual conduct;
  3. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. that impersonates any person or entity, or otherwise misrepresents your affiliation with a person or entity;
  5. that includes personal or identifying information about another person without that person’s explicit consent;
  6. that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
  7. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  8. that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
  9. that includes links to commercial services or web sites;
  10. that advertises any illegal service or the sale of any items that are prohibited or restricted by any applicable law;
  11. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  12. that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
  13. that employs misleading email addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service;
2. You also agree to refrain from:
  1. contacting anyone who has asked not to be contacted; “stalking” or otherwise harassing anyone;
  2. collecting personal data about other users for commercial or unlawful purposes;
  3. using automated means, including spiders, robots, crawlers, data mining tools, etc. to download data from the Service, unless expressly permitted by Lily’s List, Inc;
  4. attempting to gain unauthorized access to Lily’s List, Inc’s computer systems or engaging in any activity that disrupts the Service or the Lily’s List, Inc website;
  5. using any form of automated device or computer program that enables the submission of postings on Lily’s List, Inc without each posting being manually entered by the author.
NO SPAM POLICY
You agree that sending unsolicited email advertisements to Lily’s List, the lilyslist.com web site and the Service, or through Lily’s List computer systems, is expressly prohibited. Any unauthorized use of Lily’s List computer systems is a violation of this Agreement and certain federal and state laws. Violations may subject the sender and his or her agents to civil and criminal penalties.
POSTINGS
We may charge a fee to post Content. Each party posting Content to the Service is responsible for that Content and compliance with this Agreement. All fees paid are non-returnable and non-refundable.
MONETARY GIFTS
Lilys List charges a processing fee for a donation made to a Member using the Service ($2.75 for a donation up to $75, and 3.5% for a donation over $75). Lily’s List, Inc does not hold not-for-profit status, and monetary gifts are not tax deductable. All fees and monetary gifts are non-refundable.
REGISTRATION FEE
The registration fee is $15, payable in advance and non-refundable. Members are allowed access to all services that Lily’s List provides, including the ability to create a Personal Fundraising Page in order to solicit monetary gifts, which will be deposited by Lily’s List into the Member’s Account.
SERVICE LIMITATIONS
Lily’s List may establish limits concerning use of the Service, including the maximum number of days that Content will be retained and the maximum number and size of postings, email messages, or other Content. Lily’s List has no responsibility or liability for the deletion or failure to store any Content. Lily’s List reserves the right at any time to modify or discontinue the Service, with or without notice. Lily’s List will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
SERVICE
Lily’s List grants you a limited license to access and make personal use of the lilyslist.com web site and the Service, but not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of the lilyslist.com web site or its contents; any collection and use of any advertisement, descriptions, or prices; any derivative use of the liyslist.com web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar automated data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lily’s List, the lilyslist.com web site or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Lily’s List, the lilyslist.com web site name or trademarks without the express written consent of Lily’s List. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the lilylist.com web site and your PFP so long as the link does not portray Lily’s List, the lilyslist.com web site, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as park of the link without express written permission.
SERVICE TERMINATION
This agreement is effective as of the first date you access the lilyslist.com web site and shall continue in effect until terminated by either party. User may cease using the lilyslist.com web site at any time, provided, however, all restrictions on use of Content shall survive any termination. Lily’s List may immediately terminate your membership or PFP or access to the lilyslist.com web site if, in Lily’s List’s sole discretion, you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement for your violation of any term or condition of this Agreement, your access to the lilyslist.com web site and Service, membership and PFP shall be terminated and you shall destroy all materials obtained from the lilyslist.com web site and all copies thereof, whether made under the terms of the Agreement or otherwise.Lily’s List may, at its sole discretion, and at any time, discontinue providing the lilyslist.com web site or the Service, or any part thereof, with or without notice. You agree that any termination of your access to the lilyslist.com web site or Service under any provision of this Agreement may be effected without prior notice. Further, you agree that Lily’s List shall not be liable to you or to any third party for any termination of your access to the lilyslist.com web site or Service.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE LILYSLIST.COM WEB SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE LILYSLIST.COM WEB SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.LILY’S LIST IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT PUBLISHED ON THE LILYSLIST.COM WEB SITE OR IN CONNECTION WITH THE SERVICE, INCLUDING CONTENT PUBLISHED BY USERS OF THE WEB SITE OR THE SERVICE. CONTENT TYPES AND DESCRIPTIONS ARE PROVIDED FOR CONVENIENCE, AND YOU ACKNOWLEDGE AND AGREE THAT LILY’S LIST DOES NOT GUARANTEE THEIR ACCURACY. LILY’S LIST IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OR ANY USER OF THE LILYSLIST.COM WEB SITE. LILY’S LIST ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS, LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE LILYSLIST.COM WEB SITE OR THE SERVICE. LILY’S LIST IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEM, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT OR SOFTWARE, OR THE FAILURE OF E-MAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE, INCLUDING INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE LILYSLIST.COM WEB SITE OR THE SERVICE.Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LILY’S LIST BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LILY’S LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE LILYSLIST.COM WEB SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE LILYSLIST.COM WEB SITE OR THE SERVICE, FROM INABILITY TO USE THE LILYSLIST.COM WEB SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LILYSLIST.COM WEB SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LILYSLIST.COM WEB SITE OR THE SERVICE OR ANY LINKS ON THE LILYSLIST.COM WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LILYSLIST.COM WEB SITE OR THE SERVICE OR ANY LINKS ON THE LILYSLIST.COM WEB SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
INDEMNITY
You agree to indemnify, defend and hold harmless, Lily’s List, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, from and against any claim or demand, including defense costs and reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of this Agreement, your breach of any of the representations and warranties stated here, or your violation of any rights of a third party.
GENERAL INFORMATION
This Agreement constitutes the entire agreement between you and Lily’s List and governs your use of the lilyslist.com web site and the Service, superseding any prior agreements between you and Lily’s List. This Agreement and the relationship between you and Lily’s List shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Lily’s List agree to submit to the personal and exclusive jurisdiction of the courts located within Cook County, Illinois. The failure of Lily’s List to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect and are enforceable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after the date that you knew or in the exercise of reasonable diligence should have known that such claim or cause of action arose or be forever barred.
JURISDICTION
Unless otherwise specified, the materials in this web site are presented solely for the purpose of promoting Content and other products available in the United States, its territories, possessions, and protectorates. The web site is controlled and operated by Lily’s List from its offices within the State of Illinois, United States of America. Lily’s List makes no representation that the Service or the materials in this web site are appropriate or available for use in other locations. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
VIOLATION OF TERMS
Please report any violations of the Agreement by email to: info@lilyslist.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.