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General
Thank you for visiting Eva Lillian Maternity & Nursing
Boutique,
the most fabulous place on the web to find
designer
maternity clothes,
nursing
clothes,
nursing
bras, and related items. We have unique and
exclusive items,
such as
plus sized
maternity clothes,
maternity
swim wear, full figured
nursing
bras, and beautiful and feminine
designer
baby slings. We've got the sexiest, sassiest, most stylish selection, in
both
maternity
clothing and
nursing
clothing, around. We
want your experience as our guest to be the best it can be so
please review our Terms and Conditions of Use. By accessing
our store you expressly agree and consent to all the following
terms and conditions.
Registration and Your Account
Upon registration you are responsible for your password and
account access and you agree to accept all responsibility for
actions that occur under your account and password.
Impersonations of any kind, such as false e-mail addresses or
misrepresentation of identity or authorship, will also
constitute a breach of these Terms and Conditions of Use.
Minimum Age Requirement
All products sold through our store are for purchase by
adults. Persons less than 18 years of age may make purchases
from our stores and catalogs only with the involvement of a
parent or guardian.
Website Admission and License
A limited license granted by Eva Lillian LLC allows for
restricted access to our store for personal use, which means,
without express written consent from Eva Lillian,
modifications and/or downloading (except for page caching) of
content from our stores is forbidden. Not included in this
restricted license is the collection and use of any product
descriptions, prices, or listings; any derivative use of our
stores, catalogs or other content; any commercial use or
resale of our store or other content; any use of data mining,
robots, or similar culling and information collection devices.
No portion of our store or other content may be copied,
duplicated, reproduced, visited, sold or resold, or otherwise
exploited for any commercial purpose without express written
consent of Eva Lillian. Restricted, nonexclusive, and
rescindable rights to create a hyperlink to the homepage of
any of our stores is permissible so long as the link does not
portray Eva Lillian, our products or our affiliates in a
derogatory, false, misleading or otherwise repugnant matter.
No part of that link can use any logo or other proprietary
graphic or trademark of Eva Lillian. Without express written
consent, you may not frame or use framing techniques to
enclose any content, trademark, logo, or other content of Eva
Lillian and our affiliates. Any unauthorized use of our store
terminates the permission or license granted by Eva Lillian.
Pricing
We reserve the right to change any price at which we offer
goods or services and to correct any errors in the pricing
contained in our stores or catalogs. We shall have no
liability for any such changes or errors and are not bound to
fulfill orders at old or erroneous prices.
Transfer of Risk and Title
When you order an item at www.evalillian.com, the purchase is
pursuant to a shipment contract. That means once we deliver
your purchase to the shipping company, the risk of loss and
title of your purchase passes to you.
Challenge of Service
If for some reason there is a disagreement relating to the
products you have purchased through our store, the challenge
of service can be submitted to confidential arbitration in
Lansing, MI. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under these Terms and
Conditions of Use shall be joined to an arbitration involving
any other party subject to these Terms and Conditions of Use,
whether through class arbitration proceedings or otherwise.
E-mails, E-cards, Content, Comments and other
Communications
Eva Lillian encourages comments, suggestions, sending of
messages, posting of stories and reviews and other
communications from and amongst our guests and their friends.
You guarantee and depict that any review, comment, suggestion,
message and other communication you submit is accurate, solely
owned or controlled by you, that it does not violate these
Terms and Conditions of Use, that you will indemnify Eva
Lillian and its affiliates from all claims resulting from the
use by Eva Lillian of content or communications you’ve
provided. Unless otherwise noted, when you submit any content
to us you grant an irrevocable, nonexclusive, perpetual,
royalty-free and fully sublicensable right to modify, adapt,
distribute, display, translate, create derivative works from,
use, reproduce, and publish such content throughout the world
in any media. By submitting such content or communications to
us, you also cede the right (see our
Privacy Statement) to Eva Lillian and its affiliates and
any sublicensees to identify you as the author of such content
or communication. However, if any such communication is deemed
illegal, defamatory, obscene, injurious, threatening, an
infringement of intellectual property, or otherwise harmful to
Eva Lillian, to our affiliates or any third parties, Eva
Lillian reserves the right (but not the obligation) to not
publish or otherwise communicate such content. Eva Lillian has
the right, but not the obligation, to monitor any activity and
to remove any content from its stores. Eva Lillian takes no
responsibility and assumes no liability for any content posted
by you or any third party.
Contents and Graphics
We are committed to correcting any graphical, textual, or
factual errors in our content. Whether it is a misspelled
word, broken link, or a missing or incorrectly matched photo,
please notify us
and we will do our best quickly to rectify any errors. Eva
Lillian does not warrant that our product descriptions or
other content are current, reliable, accurate or complete. If
you feel a product received by you from Eva Lillian is not as
it is described, your only course of action is to
return the item in unused
condition.
Other Websites
Businesses other than Eva Lillian may offer services and
products on or through our store. We may also provide links to
other websites which are not owned or operated by Eva Lillian.
When visiting these other websites, you should thoroughly
review their policies. Eva Lillian is not responsible for the
inspection or evaluation of these websites and we do not
warrant the offerings of any of these enterprises or
individuals or the content of their websites. Therefore, Eva
Lillian does not assume any responsibility or liability for
actions, product and content relating to these or any other
enterprises or individuals.
Copyright
Content generated by Eva Lillian, such as text, web pages and
e-mail communications, banner advertisements, graphics,
photography, logos, button icons, images, video, audio clips
and software, is the property of Eva Lillian or its content
suppliers, and protected by U.S. and international copyright
laws. The compilation (meaning the collection, arrangement and
assembly) of all content in our store is the exclusive
property of Eva Lillian and is protected by U.S. and
international copyright laws. All software used to present and
manage our store is the property of Eva Lillian or its
software suppliers and protected by U.S. and international
copyright laws. You may use the content and software published
on our store as a shopping and information resource only. Any
other use, including the reproduction, modification,
distribution, transmission, republication, display or
performance, of our content or software is strictly
prohibited.
Trademarks
All trademarks, service marks, and trade names employed by Eva
Lillian are proprietary to Eva Lillian or other respective
owners that have granted Eva Lillian the right and license to
use such trademarks, service marks, and trade names, and are
protected by U.S. and international trademark laws. Eva
Lillian Maternity & Nursing Boutique and other logos, button
icons, scripts, service names, phrases, page headers and
graphics are trademarks or trade dress of Eva Lillian. Without
express written consent, Eva Lillian's trademarks and trade
dress may not be used in connection with any product or
service that is not Eva Lillian's, in any manner that is
likely to cause confusion among our customers or guests, or in
any manner that disparages or discredits Eva Lillian. The use
of meta tags or any other concealed text or search words
exploiting the name or trademarks of Eva Lillian is expressly
forbidden. To the extent you have in any manner violated or
threatened to violate Eva Lillian's intellectual property
rights, Eva Lillian may seek injunctive or other appropriate
relief in any state or federal court in the state of Michigan,
and you consent to exclusive jurisdiction and venue in such
courts. Any other trademarks that appear in our stores or
catalogs that aren’t owned by Eva Lillian or its subsidiaries
are the property of their respective owners, who may or may
not be associated with Eva Lillian or its subsidiaries.
Disclaimer
Our store is provided on an "as is" basis. Eva Lillian makes
no representations or warranties of any kind, express or
implied, as to the operation of our store, the information,
content, materials or products, included in our store. Price
and availability information is subject to change without
notice. All orders are subject to acceptance, verification and
confirmation by Eva Lillian. To the full extent permissible by
applicable law, Eva Lillian disclaims all warranties, express
or implied, including but not limited to, implied warranties
or merchantability and fitness for a particular purpose. Eva
Lillian will not be liable for any damages of any kind arising
from the use of our stores, including but not limited to
direct, indirect, incidental, punitive and consequential
damages. Eva Lillian does not guarantee that our store,
servers or e-mail sent from or through us or our store are
free from viruses or other injurious elements. Certain state
laws do not allow limitations on implied warranties or the
exclusion or limitation of certain damages. If these laws
apply to you, some or all of the above disclaimers, exclusions
or limitations may not apply to you, and you might have
additional rights. We reserve the right to terminate accounts,
refuse service, remove or edit content, or cancel orders at
our sole discretion.
Applicable Law
By visiting our store you agree that the laws of the state of
California, without regard to principles of conflict of laws,
will govern these Terms and Conditions of Use and any dispute
of any sort that might arise between you and Eva Lillian or
its affiliates.
Severability
If any of these Terms and Conditions of Use shall be regarded
as invalid, void, or for any reason unenforceable, that terms
or condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining terms and
conditions.
Modification and Termination
Eva Lillian may modify or terminate these Terms and Conditions
of Use at any time and may do so immediately without notice or
cause. Information collected under prior policies will be
subject to the modified policies. Eva Lillian may also
withdraw any rights it has granted to you and deny you access
to our store. In such event you must promptly destroy all
materials downloaded or otherwise obtained from our store, as
well as all copies of such materials, whether made under the
terms of these Terms and Conditions of Use or otherwise.
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