PLEASE READ THESE TERMS &
CONDITIONS CAREFULLY.

MAROTTO FASHION GROUP, LLC AND THEIR AFFILIATES AND SUBSIDIARIES
(HEREINAFTER COLLECTIVELY REFERRED TO AS “MAROTTO FASHION GROUP,” “US,” “WE,”
“OUR,” OR “COMPANY”) HAS CREATED THE FOLLOWING TERMS & CONDITIONS OF USE
(“TERMS & CONDITIONS”) TO APPLY TO ALL USERS OF THIS WEBSITE, WWW.LILYMAROTTO.COM INCLUDING
OUR MOBILE SITE, AND THE SERVICES CONTAINED OR OFFERED THEREIN (COLLECTIVELY,
OUR “SERVICES”).

THESE TERMS & CONDITIONS ARE WRITTEN IN THE ENGLISH
LANGUAGE.  WE DO NOT GUARANTEE THE ACCURACY OF ANY TRANSLATED VERSIONS OF
THESE TERMS.  TO THE EXTENT ANY TRANSLATED VERSIONS OF THESE TERMS &
CONDITIONS CONFLICT WITH THE ENGLISH LANGUAGE VERSION, THE ENGLISH LANGUAGE
VERSION OF THESE TERMS & CONDITIONS SHALL CONTROL.

I.    GENERAL CONDITIONS

PLEASE CAREFULLY READ THESE TERMS & CONDITIONS BEFORE USING
OUR SERVICES.  BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS
& CONDITIONS, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS
ACTION WAIVER DESCRIBED IN SECTION X, AND THE PRIVACY POLICY.  IF
YOU DO NOT AGREE TO THE TERMS & CONDITIONS, THEN YOU MUST NOT USE OUR
SERVICES.  IF YOU VIOLATE THE TERMS & CONDITIONS, WE RESERVE THE RIGHT
TO DENY YOU ACCESS TO OUR SERVICES, TOGETHER WITH ANY AND ALL OTHER LEGAL
REMEDIES.  

THE HEADINGS USED HEREIN ARE INCLUDED FOR CONVENIENCE ONLY AND
WILL NOT LIMIT OR OTHERWISE AFFECT THESE TERMS & CONDITIONS.

II.    NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO
USE OUR SERVICES

WE GRANT YOU A LIMITED, REVOCABLE, NON-EXCLUSIVE,
NON-TRANSFERABLE RIGHT TO REVIEW AND IN SOME INSTANCES PRINT CONTENT, FROM OUR
SERVICES (E.G., OUR WEBSITE) FOR YOUR PERSONAL AND EDUCATIONAL PURPOSES AS LONG
AS THEY DO NOT VIOLATE ANY ASPECT OF THESE TERMS & CONDITIONS OR APPLICABLE
LAW, INCLUDING OUR INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS IN AND TO
THE SERVICES OR THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER PARTY.  WE
RESERVE THE RIGHT TO TERMINATE OR LIMIT YOUR ACCESS TO OUR SERVICES AND/OR THE
LICENSES GRANTED HEREIN FOR ANY REASON (OR NO REASON) AND IN OUR SOLE
DISCRETION.  

WE RESERVE THE RIGHT TO, AT ANY TIME, TEMPORARILY OR
PERMANENTLY, MODIFY OR DISCONTINUE ANY FEATURES ASSOCIATED WITH THE SERVICES
WITH OR WITHOUT NOTICE AND FOR ANY REASON, INCLUDING PERFORMING MAINTENANCE,
REPAIRS, OR UPGRADES.  WE (AND OUR LICENSORS) REMAIN THE SOLE OWNER OF ALL
RIGHTS, TITLE, AND INTEREST IN THE SERVICES.  WE WILL NOT BE LIABLE IF FOR
ANY REASON ALL OR ANY PART OF THE SERVICES ARE UNAVAILABLE AT ANY TIME OR FOR
ANY PERIOD.  

III.    INTELLECTUAL PROPERTY

ALL CONTENT, FEATURES, AND FUNCTIONALITY AVAILABLE THROUGH OUR
SERVICES, INCLUDING BUT NOT LIMITED TO DESIGN, ARTWORK, HYPERLINKS, TEXT,
VIDEOS, CALENDARS, SOFTWARE, IMAGES, TECHNICAL DRAWINGS, BLOG POSTS, PODCASTS,
AUDIO, IMAGES, ART, CODE, CONFIGURATIONS, GRAPHICS, OTHER FILES, AND THEIR
SELECTION AND ARRANGEMENT (“MATERIALS”) ARE EITHER THE PROPRIETARY PROPERTY OF
US, OUR AFFILIATES, OR LICENSORS AND ARE PROTECTED BY UNITED STATES AND
INTERNATIONAL INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS LAWS.  WE RESERVE
ANY AND ALL RIGHTS TO THE MATERIALS.  THE MATERIALS MAY NOT BE MODIFIED,
COPIED, DISTRIBUTED, FRAMED, REPRODUCED, REPUBLISHED, DOWNLOADED, DISPLAYED,
POSTED, TRANSMITTED, OR SOLD IN ANY FORM OR BY ANY MEANS IN WHOLE OR IN PART
WITHOUT OUR PRIOR WRITTEN PERMISSION EXCEPT YOU MAY DOWNLOAD AND PRINT
MATERIALS FOR NON-COMMERCIAL USES THAT ARE NOT COMPETITIVE WITH OR DEROGATORY
TO US, PROVIDED THAT YOU KEEP ALL COPYRIGHT OR OTHER PROPRIETARY NOTICES
INTACT, DO NOT ALTER SUCH MATERIALS, AND DO NOT FURTHER REPRODUCE, PUBLISH OR
DISTRIBUTE SUCH MATERIALS.  PLEASE NOTE THAT THIS LIMITED CONSENT MAY BE
REVOKED AT ANY TIME BY US AND DOES NOT INCLUDE CONSENT TO REPUBLISH MATERIALS
ON THE INTERNET, OR ANY INTRANET OR EXTRANET SITE, OR TO INCORPORATE THE MATERIALS
IN ANY DATA BASE OR OTHER COMPILATION.  ANY OTHER USE OF THE MATERIALS IS
STRICTLY PROHIBITED.  YOU FURTHER AGREE THAT YOU WILL NOT SYSTEMATICALLY
EXTRACT, COLLECT, OR HARVEST THROUGH ELECTRONIC MEANS OR OTHERWISE, ANY DATA OR
DATA FIELDS FROM OUR SERVICES, INCLUDING BUT NOT LIMITED TO CUSTOMER IDENTITIES
OR INFORMATION (AS DEFINED IN OUR PRIVACY POLICY).

ALL REGISTERED AND UNREGISTERED TRADEMARKS VISIBLE OR ACCESSIBLE
THROUGH OUR SERVICES ARE TRADEMARKS OF THE COMPANY, OR LICENSORS AND MAY NOT BE
COPIED, IMITATED, OR USED IN WHOLE OR IN PART WITHOUT THE PRIOR WRITTEN
PERMISSION OF THE COMPANY, OR ITS OWNERS.  ALL PAGE HEADERS, CUSTOMER
GRAPHICS, BUTTON ICONS, AND SCRIPTS ARE SERVICE MARKS, TRADEMARKS, AND/OR TRADE
DRESS OF OURS OR OUR AFFILIATES AND MAY NOT BE COPIED, IMITATED, OR USED IN
WHOLE OR IN PART WITHOUT PRIOR WRITTEN PERMISSION OF US.  

IV.    PROHIBITED USES 

IN ADDITION TO OTHER PROHIBITIONS AS SET FORTH IN THE TERMS
& CONDITIONS, YOU ARE PROHIBITED FROM USING THE SERVICES OR ITS RELATED
CONTENT: (A) FOR ANY UNLAWFUL OR FRAUDULENT PURPOSE, INCLUDING BUT NOT LIMITED
TO, THE USE OF FRAUDULENT CREDIT CARD INFORMATION; (B) TO SOLICIT OTHERS TO
PERFORM OR PARTICIPATE IN ANY UNLAWFUL OR PROHIBITED ACTS; (C) TO VIOLATE ANY
INTERNATIONAL, FEDERAL, PROVINCIAL OR STATE REGULATIONS, RULES, LAWS, OR LOCAL
ORDINANCES; (D) TO INFRINGE UPON OR VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR
THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS OR DELETE THE COPYRIGHT OR OTHER
PROPRIETARY RIGHTS NOTICE FROM ANY CONTENT; (E) TO HARASS, ABUSE, INSULT, HARM,
DEFAME, SLANDER, ANNOY, DISPARAGE, INTIMIDATE, OR DISCRIMINATE BASED UPON
GENDER, SEXUAL ORIENTATION, RELIGION, ETHNICITY, RACE, AGE, NATIONAL ORIGIN, OR
DISABILITY; (F) TO SUBMIT FALSE OR MISLEADING INFORMATION OR OTHERWISE ATTEMPT
TO MISLEAD OR IMPERSONATE ANOTHER; (G) TO UPLOAD OR TRANSMIT VIRUSES OR ANY
OTHER TYPE OF MALICIOUS CODE THAT WILL OR MAY BE USED IN ANY WAY THAT WILL
AFFECT THE FUNCTIONALITY OR OPERATION OF SERVICES INCLUDING OUR WEBSITE (OR
RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET) OR SERVICES; (H) TO COLLECT
OR TRACK THE PERSONAL INFORMATION OF OTHERS; (I) TO SEND ADVERTISING OR
PROMOTION MATERIALS, SPAM, PHISH, PHARM, PRETEXT, SPIDER, CRAWL, SCRAPE, OR
FACILITATE THE USE OF ANY MALWARE OR RANSOMWARE; (J) FOR ANY DAMAGING, OBSCENE,
OR IMMORAL PURPOSE; (K) TO INTERFERE WITH OR CIRCUMVENT THE SECURITY FEATURES
OF THE WEBSITE (OR RELATED WEBSITE, OTHER WEBSITES OR THE INTERNET) AND/OR
SERVICES, INCLUDING THOSE TO PREVENT COPYING OF CONTENT OR THAT LIMIT USE; (L)
TO TRANSMIT, OR PROCURE THE SENDING OF, ANY ADVERTISING OR PROMOTIONAL
MATERIAL, INCLUDING ANY “JUNK MAIL,” “CHAIN LETTER,” “SPAM” OR ANY OTHER
SIMILAR SOLICITATION; (M) SYSTEMATICALLY RETRIEVE DATA OR OTHER CONTENT FROM
THE SERVICES TO CREATE OR COMPILE, DIRECTLY OR INDIRECTLY, A COLLECTION,
COMPILATION, DATABASE, OR DIRECTORY WITHOUT WRITTEN PERMISSION FROM US; (N) MAKE
ANY UNAUTHORIZED USE OF THE SERVICES, INCLUDING COLLECTING USERNAMES AND/OR
EMAIL ADDRESSES OF USERS BY ELECTRONIC OR OTHER MEANS FOR THE PURPOSE OF
SENDING UNSOLICITED EMAIL, OR CREATING USER ACCOUNTS BY AUTOMATED MEANS OR
UNDER FALSE PRETENSES; (O) USE A BUYING AGENT OR PURCHASING AGENT TO MAKE
PURCHASES ON THE WEBSITE; (P) USE THE SERVICES TO ADVERTISE OR OFFER TO SELL
GOODS AND SERVICES; (Q) ENGAGE IN UNAUTHORIZED FRAMING OF OR LINKING TO THE
SERVICES; (R) ENGAGE IN ANY AUTOMATED USE OF THE SYSTEM, SUCH AS USING SCRIPTS
TO SEND COMMENTS OR MESSAGES, OR USING ANY DATA MINING, ROBOTS, OR SIMILAR DATA
GATHERING AND EXTRACTION TOOLS; (S) INTERFERE WITH, DISRUPT, OR CREATE AN UNDUE
BURDEN ON THE WEBSITE OR THE NETWORKS OR SERVICES CONNECTED TO THE SERVICES;
(T) SELL OR OTHERWISE TRANSFER YOUR PROFILE; (U) USE THE SERVICES AS PART OF
ANY EFFORT TO COMPETE WITH US OR OTHERWISE USE THE SERVICES AND/OR THE CONTENT
FOR ANY REVENUE-GENERATING ENDEAVOR OR COMMERCIAL ENTERPRISE; (V) DECIPHER,
DECOMPILE, DISASSEMBLE, OR REVERSE ENGINEER ANY OF THE SOFTWARE COMPRISING OR
IN ANY WAY MAKING UP A PART OF THE WEBSITE; (W) COPY OR ADAPT THE SERVICES’
SOFTWARE, INCLUDING BUT NOT LIMITED TO FLASH, PHP, HTML, JAVASCRIPT, OR OTHER
CODE; (X) UPLOAD OR TRANSMIT (OR ATTEMPT TO UPLOAD OR TO TRANSMIT) VIRUSES,
TROJAN HORSES, MALICIOUS CODE, OR OTHER MATERIAL, INCLUDING EXCESSIVE USE OF
CAPITAL LETTERS AND SPAMMING (CONTINUOUS POSTING OF REPETITIVE TEXT), THAT
INTERFERES WITH ANY PARTY’S UNINTERRUPTED USE AND ENJOYMENT OF THE SERVICES OR
MODIFIES, IMPAIRS, DISRUPTS, ALTERS, OR INTERFERES WITH THE USE, FEATURES,
FUNCTIONS, OPERATION, OR MAINTENANCE OF THE SERVICES; (Y) UPLOAD OR TRANSMIT
(OR ATTEMPT TO UPLOAD OR TO TRANSMIT) ANY MATERIAL THAT ACTS AS A PASSIVE OR
ACTIVE INFORMATION COLLECTION OR TRANSMISSION MECHANISM, INCLUDING WITHOUT
LIMITATION, CLEAR GRAPHICS INTERCHANGE FORMATS (“GIFS”), 1×1 PIXELS, WEB BUGS,
COOKIES, OR OTHER SIMILAR DEVICES (SOMETIMES REFERRED TO AS “SPYWARE” OR
“PASSIVE COLLECTION MECHANISMS” OR “PCMS”); (Z) EXCEPT AS MAY BE THE RESULT OF
STANDARD SEARCH ENGINE OR INTERNET BROWSER USAGE, USE, LAUNCH, DEVELOP, OR
DISTRIBUTE ANY AUTOMATED SYSTEM, INCLUDING WITHOUT LIMITATION, ANY SPIDER,
ROBOT, CHEAT UTILITY, SCRAPER, OR OFFLINE READER THAT ACCESSES THE SERVICES, OR
USING OR LAUNCHING ANY UNAUTHORIZED SCRIPT OR OTHER SOFTWARE; OR (AA)  IN
ANY WAY THAT MAY BE DEEMED A BREACH OR VIOLATION OF ANY OF OUR TERMS &
CONDITIONS OR PRIVACY POLICY.  WE RESERVE THE RIGHT TO TERMINATE YOUR USE
OF THE SERVICES OR ANY RELATED WEBSITE FOR VIOLATING ANY OF THE PROHIBITED
USES. 

V.    USER ACCOUNTS

IN ORDER TO ACCESS OR UTILIZE CERTAIN ASPECTS OF THE SERVICES,
YOU MAY WISH TO ESTABLISH AND MAINTAIN A VALID USER ACCOUNT (“USER ACCOUNT”)
WITH US.  IF YOU OPEN AN ACCOUNT, YOU ARE REQUIRED TO CREATE AND MAINTAIN
A UNIQUE USERNAME AND PASSWORD.  YOU ARE SOLELY RESPONSIBLE FOR
MAINTAINING THE CONFIDENTIALITY OF INFORMATION RELATING TO YOUR USER ACCOUNT.

YOU AGREE TO PROVIDE ACCURATE, CURRENT, AND COMPLETE INFORMATION
CONCERNING YOUR USER ACCOUNT AND TO USE REASONABLE EFFORTS TO MAINTAIN AND
PROMPTLY UPDATE THE INFORMATION TO KEEP IT ACCURATE, CURRENT, AND
COMPLETE.  IT IS YOUR RESPONSIBILITY TO NOTIFY US OF ANY CHANGES OF YOUR
USER ACCOUNT INFORMATION, INCLUDING YOUR CONTACT INFORMATION.  AS A USER
ACCOUNT HOLDER, YOU ARE RESPONSIBLE FOR SAFEGUARDING YOUR USER ACCOUNT ACCESS
INFORMATION AND ARE RESPONSIBLE FOR ALL USES OF YOUR USERNAME AND PASSWORD. 
YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIVITIES
THAT OCCUR THROUGH YOUR USER ACCOUNT.

VI.    CHILDREN’S INFORMATION

THE SERVICES ARE INTENDED ONLY FOR USERS OVER THE AGE OF SIXTEEN
(16).  IF WE BECOME AWARE THAT A USER IS UNDER SIXTEEN (16) (OR A HIGHER
AGE THRESHOLD WHERE APPLICABLE) AND HAS PROVIDED US WITH INFORMATION, WE WILL
TAKE STEPS TO COMPLY WITH ANY APPLICABLE LEGAL REQUIREMENT TO REMOVE SUCH
INFORMATION.  CONTACT US IF YOU BELIEVE THAT WE HAVE MISTAKENLY OR
UNINTENTIONALLY COLLECTED INFORMATION FROM A CHILD UNDER THE AGE OF SIXTEEN
(16).

VII.    ACCURACY, COMPLETENESS, & TIMELINESS
OF INFORMATION

A.    ERRORS, INACCURACIES, & OMISSIONS 

OUR SERVICES MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES, OR
OMISSIONS THAT MAY RELATE TO COMPANY OFFERINGS, PROMOTIONS, PACKAGES, PROGRAMS,
EVENTS, AND MATERIALS.  WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR
USEFULNESS OF THIS INFORMATION.  WE DISCLAIM ALL LIABILITY AND
RESPONSIBILITY PLACED ON SUCH INFORMATION BY YOU, OR BY ANYONE WHO MAY BE
INFORMED OF ANY OF ITS CONTENTS.

WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR
OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS OR PROGRAMS IF
ANY INFORMATION ABOUT THE SERVICES OR ON ANY RELATED WEBSITE IS INACCURATE AT
ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER,
REQUEST, SUBMISSION, PAYMENT, FORM, ETC.).

WE DO NOT TAKE ON ANY OBLIGATION TO UPDATE, AMEND, OR CLARIFY
INFORMATION IN THE SERVICES OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT
LIMITATION, PRICING, DATES, AVAILABILITY, LOCATION, PRODUCTS, AND SERVICES,
EXCEPT AS REQUIRED BY LAW.

NO SPECIFIED UPDATE OR REFRESH DATA APPLIED IN THE SERVICES OR
ON ANY RELATED WEBSITE SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION IN THE
SERVICES OR ON ANY RELATED WEBSITE HAS BEEN MODIFIED OR UPDATED.

B.    LINKS TO THE SERVICES

YOU MAY NOT CREATE A LINK TO ANY PAGE OF OUR SERVICES WITHOUT
OUR PRIOR WRITTEN CONSENT.  IF YOU DO CREATE A LINK TO A PAGE OF OUR
SERVICES, YOU DO SO AT YOUR OWN RISK AND THE EXCLUSIONS AND LIMITATIONS SET OUT
ABOVE WILL APPLY TO YOUR USE OF OUR SERVICES BY LINKING TO IT.

C.    LINKS ON THE SERVICES

OUR SERVICES MIGHT INCLUDE LINKS TO OTHER WEBSITES, MOBILE
APPLICATIONS, OR SOCIAL MEDIA PLATFORMS.  WE ARE NOT RESPONSIBLE FOR
EXAMINING OR EVALUATING THE CONTENT OR ACCURACY OF ANY OTHER WEBSITE AND DO NOT
WARRANT AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY OTHER PARTY’S
MATERIALS OR WEBSITES OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF
OTHER WEBSITES.  WE ARE NOT LIABLE FOR ANY HARM OR DAMAGES RELATED TO THE
PURCHASE OR USE OF GOODS, SERVICES, RESOURCES, CONTENT, OR ANY OTHER TRANSACTIONS
MADE IN CONNECTION WITH ANY OTHER PARTY’S WEBSITES OR OTHER PLATFORMS. 
PLEASE REVIEW CAREFULLY OTHER PARTY’S WEBSITE’S POLICIES AND PRACTICES AND MAKE
SURE YOU UNDERSTAND THEM BEFORE YOU ENGAGE IN ANY TRANSACTION.  CLAIMS,
COMPLAINTS, QUESTIONS, OR CONCERNS REGARDING OTHER PARTIES SHOULD BE DIRECTED
TO THAT PARTY.

VIII. 
  WARRANTY DISCLAIMER

OUR SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR
SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION,
WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND
NON-INFRINGEMENT.  WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR
USE OF OUR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE.  WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.  YOU AGREE THAT FROM
TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR
CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU.  TO THE FULLEST EXTENT
PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR
SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES
OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS
IN OUR SERVICES AND/OR OUR LITERATURE.

IN NO CASE SHALL WE, OUR EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR
ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST
PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR
COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON,
REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY
RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS
IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE.  IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND
OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS
SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).  

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.

X.    ARBITRATION CLAUSE AND CLASS ACTION WAIVER
– IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

A.    ARBITRATION NOTICE  

YOU AND MAROTTO FASHION GROUP AGREE THAT IF THERE IS ANY DISPUTE
OR CLAIM ARISING FROM OR RELATED TO OUR SERVICES (EXCEPT FOR THE EXEMPT CLAIMS,
AS DEFINED BELOW), THESE TERMS & CONDITIONS, AND/OR THE PRIVACY POLICY IT
WILL BE RESOLVED BY CONFIDENTIAL BINDING ARBITRATION IN WWW.LILYMAROTTO.COM, RATHER THAN IN COURT, AFTER FIRST
GIVING NOTICE OF THE DISPUTE (“NOTICE”) TO THE OTHER PARTY AND THE OPPORTUNITY
TO DISCUSS RESOLUTION WITHIN THIRTY (30) DAYS OF SUCH NOTICE.  THE NOTICE
TO THE COMPANY SHOULD BE SENT TO MAROTTO FASHION GROUP: BY service of process
to the registered agent: united states corportation agents, inc. 5575 s.
semoran blvd. suite 36, orlando, florida 32822.THIS NOTICE MUST INCLUDE A
DESCRIPTION OF THE NATURE AND BASIS OF THE CLAIMS THE PARTY IS ASSERTING, AND
THE RELIEF SOUGHT.

IF YOU AND MAROTTO FASHION GROUP ARE UNABLE TO RESOLVE THE
CLAIMS DESCRIBED IN THE NOTICE WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS
SENT, YOU OR THE COMPANY MAY INITIATE ARBITRATION PROCEEDINGS TO BE CONDUCTED
BY A SINGLE IMPARTIAL ARBITRATOR CHOSEN FROM THE AMERICAN ARBITRATION
ASSOCIATION (AAA)’S NATIONAL ROSTER OF COMMERCIAL ARBITRATORS BY MUTUAL
AGREEMENT OF THE PARTIES (OR BY THE AAA IF THE PARTIES CANNOT AGREE).  THERE
IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS
LIMITED.  HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME
DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR
STATUTORY DAMAGES) AND MUST FOLLOW THE PROVISIONS OF THESE TERMS &
CONDITIONS AS A COURT WOULD.  YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND
KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN
A LAWSUIT IN STATE OR FEDERAL COURT. 

THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY,
AND THE AAA WILL ADMINISTER THE ARBITRATION UNDER ITS COMMERCIAL ARBITRATION
RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES. 
PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY
THE AAA’S RULES.

THE ARBITRATION SHALL BE HELD IN THE STATE OF FLORIDA OR AT
ANOTHER MUTUALLY AGREED LOCATION.  IF THE ARBITRATION INVOLVES A CONSUMER,
THE ARBITRATION WILL BE HELD AT A LOCATION CONVENIENT TO THE CONSUMER.  IF
THE VALUE OF THE RELIEF SOUGHT IS $10,000 OR LESS, YOU OR WE MAY ELECT TO HAVE
THE ARBITRATION CONDUCTED BY TELEPHONE OR BASED SOLELY ON WRITTEN SUBMISSIONS,
WHICH ELECTION SHALL BE BINDING ON YOU AND US SUBJECT TO THE ARBITRATOR’S
DISCRETION TO REQUIRE AN IN-PERSON HEARING IF THE CIRCUMSTANCES WARRANT. 
ATTENDANCE AT AN IN-PERSON HEARING MAY BE MADE BY TELEPHONE BY YOU AND US
UNLESS THE ARBITRATOR REQUIRES OTHERWISE.

THE ARBITRATOR WILL DECIDE THE SUBSTANCE OF ALL CLAIMS IN
ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, INCLUDING RECOGNIZED
PRINCIPLES OF EQUITY, AND WILL HONOR ALL CLAIMS OF PRIVILEGE RECOGNIZED BY
APPLICABLE LAW.  THE ARBITRATOR WILL ALSO DECIDE ANY QUESTIONS RELATING TO
THE INTERPRETATION, APPLICABILITY, OR ENFORCEABILITY OF THIS ARBITRATION
CLAUSE, EXCEPT WHERE A PARTY FILES A CLAIM IN COURT BECAUSE IT IS AN EXEMPT
CLAIM (AS DEFINED BELOW).  IF EITHER PARTY FILES AN EXEMPT CLAIM, THE COURT
PRESIDING OVER THAT CLAIM WILL DETERMINE IF THE CLAIM IS AN EXEMPT CLAIM UNDER
THIS ARBITRATION CLAUSE.  THE ARBITRATOR’S AWARD SHALL BE CONFIDENTIAL,
FINAL, AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE
ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

NOTWITHSTANDING ANY PROVISION IN THESE TERMS & CONDITIONS TO
THE CONTRARY, YOU AND WE AGREE THAT IF WE MAKE ANY CHANGE TO THIS SECTION
(OTHER THAN A CHANGE TO ANY NOTICE ADDRESS OR WEBSITE LINK PROVIDED HEREIN) IN
THE FUTURE, THAT CHANGE SHALL NOT APPLY TO ANY CLAIM THAT WAS FILED IN A
PROCEEDING AGAINST US PRIOR TO THE EFFECTIVE DATE OF THE CHANGE. 
MOREOVER, IF WE SEEK TO TERMINATE THIS SECTION, ANY SUCH TERMINATION SHALL NOT
BE EFFECTIVE UNTIL THIRTY (30) DAYS AFTER THE VERSION OF THE TERMS &
CONDITIONS CONTAINING THIS SECTION IS POSTED TO THE WEBSITES AND SHALL NOT BE
EFFECTIVE AS TO ANY CLAIM THAT WAS FILED IN A PROCEEDING AGAINST US PRIOR TO
THE EFFECTIVE DATE OF TERMINATION.

CLASS ACTION WAIVER:  YOU AND THE COMPANY AGREE THAT
DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION
AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE
ARBITRATION.  IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN
ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.  



EXEMPT CLAIMS:  YOU AND THE COMPANY AGREE THAT THE FOLLOWING TWO (2) TYPES OF
CLAIMS ARE NOT REQUIRED TO BE SUBMITTED TO AN ARBITRATION SUBJECT TO THE
FOLLOWING CONDITIONS: 

(1)    YOU OR WE ARE NOT REQUIRED TO ARBITRATE A
CLAIM BROUGHT ON AN INDIVIDUAL BASIS IN SMALL-CLAIMS COURT.  HOWEVER, IF
(A) THERE IS AN APPEAL FROM SMALL-CLAIMS COURT, OR (B) A CHANGE IN THE CLAIM
THAT RENDERS THE SMALL-CLAIMS COURT UNABLE TO RESOLVE THE CLAIM, THEN THE CLAIM
MUST BE RESOLVED IN AN ARBITRATION UNDER THE TERMS OF THIS ARBITRATION
PROVISION. 

(2)    YOU OR WE ARE NOT REQUIRED
TO ARBITRATE A CLAIM BROUGHT ON AN INDIVIDUAL BASIS TO ENJOIN INFRINGEMENT OR
OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.  SUCH A CLAIM MAY BE BROUGHT
IN ANY COURT OF COMPETENT JURISDICTION.  YOU AND WE AGREE THAT THE
INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS COULD CAUSE
IRREPARABLE HARM FOR WHICH MONETARY DAMAGES ARE AN INADEQUATE REMEDY.  THE
PREVAILING PARTY IN AN ACTION TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF
INTELLECTUAL PROPERTY RIGHTS IS ENTITLED TO RECOVER COSTS AND FEES (INCLUDING
REASONABLE ATTORNEYS’ FEES) IN PURSUING THAT REMEDY. 

OPT OUT:  YOU MAY OPT OUT OF THIS MANDATORY
ARBITRATION PROVISION BY WRITING US WITHIN SIXTY (60) CALENDAR DAYS OF YOUR
AGREEMENT TO THIS ARBITRATION PROVISION, BY service of process to the
registered agent: united states corportation agents, inc. 5575 s. semoran blvd.
suite 36, orlando, florida 32822. INCLUDE YOUR NAME, ADDRESS, [ACCOUNT NUMBER,]
AND DATE IN THE CORRESPONDENCE.  THIS IS THE ONLY WAY YOU CAN OPT OUT.

B.    CLAIMS
AND DISPUTES MUST BE FILED WITHIN ONE (1) YEAR

TO THE EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING THE EFFECT
OF ANY DISCLAIMER CONTAINED HEREIN, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE
WITH RESPECT TO YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY
WEBSITE OR MOBILE APPLICATION, OR OTHER SERVICES-RELATED PRODUCT, SERVICES, OR
OTHER CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF
ACTION ARISES.  THIS SECTION APPLIES TO YOU AND YOUR HEIRS, SUCCESSORS,
AND ASSIGNS.

XI.    SEVERABILITY

TO THE EXTENT THAT ANY PROVISION OF THESE TERMS & CONDITIONS
IS DEEMED TO BE UNLAWFUL, VOID, OR UNENFORCEABLE, INCLUDING THE BINDING
ARBITRATION CLAUSE AND CLASS ACTION WAIVER, SUCH PROVISION SHALL NONETHELESS BE
ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE
UNENFORCEABLE PORTION SHALL BE DEEMED TO BE SEVERED FROM THESE TERMS &
CONDITIONS.  SUCH DETERMINATION SHALL NOT AFFECT THE VALIDITY AND
ENFORCEABILITY OF ANY OTHER REMAINING PROVISIONS.

XII.    TERMINATION

THESE TERMS & CONDITIONS ARE EFFECTIVE UNTIL
TERMINATED.  WE MAY TERMINATE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO
YOU AND MAY DENY YOU ACCESS TO OUR SERVICES.

XIII.    INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT TO THE EXTENT
ARISING FROM OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, YOU AGREE TO
INDEMNIFY, DEFEND, AND HOLD HARMLESS US, AND OUR EMPLOYEES, CONTRACTORS,
LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES,
FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES MADE BY ANY
THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS &
CONDITIONS OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF
ANY LAW OR RIGHTS OF A THIRD PARTY.  WE RESERVE THE RIGHT TO ASSUME THE
EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO
INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL COOPERATE WITH US IN ASSERTING
ANY AVAILABLE DEFENSES.  YOU SHALL NOT SETTLE ANY ACTIONS OR CLAIMS ON OUR
BEHALF WITHOUT OUR PRIOR WRITTEN CONSENT. 

XIV.    NO THIRD-PARTY BENEFICIARIES

THERE ARE NO THIRD-PARTY BENEFICIARIES TO THE TERMS &
CONDITIONS.  WE SHALL HAVE THE RIGHT TO ASSIGN OUR RIGHTS OR DELEGATE ANY
OF ITS RESPONSIBILITIES UNDER THESE TERMS & CONDITIONS TO AN AFFILIATE OR
IN CONNECTION WITH A MERGER, CONSOLIDATION, OR REORGANIZATION FOR THE SALE OF
SUBSTANTIALLY ALL OUR ASSETS. 

XV.    CHANGES TO THESE TERMS & CONDITIONS

WE RESERVE THE RIGHT TO CHANGE, MODIFY, OR AMEND THESE TERMS
& CONDITIONS AT ANY TIME TO REFLECT CHANGES IN OUR PRACTICES AND SERVICE
OFFERINGS.  IF WE MODIFY OUR TERMS & CONDITIONS, SUCH CHANGES WILL BE
EFFECTIVE UPON POSTING.  IT IS YOUR OBLIGATION TO CHECK OUR CURRENT TERMS
& CONDITIONS FOR ANY CHANGES.  THESE TERMS & CONDITIONS MAY ONLY
BE MODIFIED IN WRITING.  ANY AMBIGUITIES IN THE INTERPRETATION WILL NOT BE
CONSTRUED AGAINST THE DRAFTER.   

XVI.    HOW TO CONTACT US 

IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS & CONDITIONS,
PLEASE CONTACT US AT THE FOLLOWING: 

LAST UPDATED: AUGUST 2023

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