TERMS & CONDITIONS
Terms & Conditions
Welcome to twolipsshoes.com. TL Shoes, Inc., and/or its “Affiliates” (as defined below) doing business as Two Lips Shoes (“Two Lips”) provides high quality shoes and footwear directly to you when you visit or shop at twolipsshoes.com, use its services, use Two Lips’ applications for mobile, or use software provided by Two Lips in connection with any of the foregoing (collectively "Two Lips Services"). Two Lips thanks you for being a customer. Two Lips is a business to consumer portal created to provide quality footwear from a variety of Two Lips’ brands (collectively “Brand(s)”). Two Lips Services provides you with direct access to its Brand.
These Terms & Conditions apply to the website located at www.twolipsshoes.com and all other sites, services, and tools where these Terms & Conditions appear or are linked. As used in these Terms & Conditions, "Two Lips", "us", or "we" refers to Two Lips, and its subsidiaries and Affiliates.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITION, DO NOT USE OUR WEBSITE.
Two Lips provides its Two Lips Services and family of websites (collectively the "Site") to you (the “User”), subject to the terms and conditions of this use agreement ("Terms & Conditions"). Two Lips reserves the right to change these Terms & Conditions from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms & Conditions. Your continued use of this Site and/or purchase of products and services offered on the Site (“Offerings”) after such modifications will constitute acknowledgement and acceptance of the modified Terms & Conditions.
As used in these Terms & Conditions, references to our "Affiliates" include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, managers, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms ("Additional Terms"). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.
BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS & CONDITIONS PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OFFERINGS OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS & CONDITIONS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, OR OFFERINGS. THESE TERMS & CONDITIONS ARE EFFECTIVE ONCE YOU CLICK THE “I AGREE” BUTTON BELOW.
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively "Content") is owned or licensed property of Two Lips or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Two Lips and protected by U.S. and international copyright laws. Two Lips and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
LICENSE AND ACCESS
Two Lips grants you a limited non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
UNLAWFUL OR PROHIBITED USES
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to Two Lips that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
- Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
- Download, copy, or transmit any Content for the benefit of any other merchant;
- Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Two Lips or generally publicly available browsers;
- Frame, mirror, or use framing techniques on any part of the Site without Two Lips’ express prior written consent;
- Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
- Use any meta tags or any other hidden text utilizing Two Lips’ name or marks;
- Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
- Conduct fraudulent activities on the Site;
- Violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Two Lips website) or to the Site (impersonating another user);
- Send unsolicited or unauthorized email on behalf of Two Lips, including promotions and/or advertising of products or services;
- Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
- Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
- Harvest or collect personally identifiable information about other users of the Site;
- Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
- Use the Site to advertise or offer to sell or buy any goods or services without Two Lips’ express prior written consent;
- Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or
- Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
You may make purchases on the Site as a guest, or may be required to register with Two Lips in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Two Lips including those set forth in these Terms & Conditions, Two Lips reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
MODIFICATION AND TERMINATION
Two Lips may at any time, in its sole and absolute discretion: (i) modify or discontinue any part of the Site and/or Offerings; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. Two Lips reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.
Two Lips reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Two Lips the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Two Lips reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any user from making or completing any or all Transaction(s); and (iii) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Two Lips strives to display as accurately as possible the colors of the products shown on the Site; however, Two Lips cannot and does not guarantee that your monitor's display of any color will be accurate.
LIMITATIONS ON QUANTITY
Two Lips does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right, in our sole and absolute discretion, to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address.
AVAILABILITY, ERRORS, AND INACCURACIES
Two Lips is not responsible for the accuracy of the availability of any product or service offered on the Two Lips’ website.
Two Lips’ acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Two Lips makes a conscientious effort to describe and display products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Two Lips reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
RISK OF LOSS
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
GIFT CARDS AND CERTIFICATES
All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of California. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
DMCA NOTICE–NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Two Lips’ policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Two Lips’ copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Two Lips that your copyrighted material has been infringed. Two Lips does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Two Lips will respond by either taking down the allegedly infringing content or blocking access to it. Two Lips may contact the notice provider to request additional information. Under the DMCA, Two Lips is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Two Lips a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice. To file a proper notice of infringing material, the notice must contain the following information:
(1) Identify specifically the copyrighted work(s) believed to have been infringed;
(2) Identify the content that a copyright owner claims is infringing upon copyrighted work with reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works, including, but not limited to, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
(3) Your contact information so that we can contact the copyright owner directly: name, street address, telephone number, and email;
(4) If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
(5) Include the following statement: "I have 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";
(6) Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
(7) Be signed; and
(8) Be sent to our DMCA designated agent at the following address:
DMCA Designated Agent
Legal Department (TL Shoes, Inc.)
550 N. Brand Blvd., (Suite 1500)
Glendale, CA 91203
You may want to consult with your legal advisor before filing a notice with Two Lips’ copyright agent, as there may be penalties for false claims
LINKS TO THIRD-PARTIES' WEBSITES
The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and other websites. Two Lips is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Two Lips strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Two Lips of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMERS OF WARRANTIES
Two Lips cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY TWO LIPS ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TWO LIPS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, THE PRODUCTS OR SERVICES OFFERED ON THE SITE, OR THAT EMAILS SENT FROM TWO LIPS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TWO LIPS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, USE OF THE PRODUCTS OR SERVICES PURCHASED THROUGHT THE SITE, OR THE SITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, TWO LIPS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE, THE PRODUCTS AND SERVICES SOLD THROUGH THE SITE, AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third-party sites, you do so entirely at your own risk.
The Site is controlled and operated by Two Lips from the State of California in the United States, and is not intended to subject Two Lips to the laws or jurisdiction of any state, country or territory other than the State of California. Two Lips does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TWO LIPS OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR USE OF ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF TWO LIPS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND TWO LIPS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TWO LIPS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the Site, you agree to indemnify, defend, and hold harmless Two Lips and its Affiliates from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses, including, but not limited to, reasonable attorneys' fees and expenses (each, a "Claim") arising out of or otherwise relating to your use of the Site and use of any product or service purchased through the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
NOTICES AND ELECTRONIC COMMUNICATIONS
Except as explicitly stated otherwise, any notices you send to Two Lips shall be sent by email to firstname.lastname@example.org. In the case of notices Two Lips sends to you, you consent to receive notices and other communications by Two Lips posting notices on the Site, or mailing or emailing a notice to you at your billing address or email address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Two Lips provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (a) 24 hours after the notice is posted on the Site or (b) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to (email@example.com). You may also contact us by writing to Two Lips at 9237 San Fernando Rd., Sun Valley, CA 91352, or by calling us at (818)768-3839. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
APPLICABLE LAW; DISPUTES
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, WITHOUT REGARD TO CALIFORNIA'S CHOICE OF LAW PRINCIPLES. All proceedings relating to the Site, these Terms & Conditions, or any transaction, including the sale of any products, using this Site, shall be brought only in the state or federal courts of LOS ANGELES County, LOS ANGELES, CALIFORINA, USA, and you and TWO LIPS do hereby consent to the jurisdiction and venue of such courts.
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Two Lips with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If you have any concerns about Two Lips or your use of the Site, please contact us at (818)768-3839 or via email at firstname.lastname@example.org with a detailed description, and we will try to resolve it.