Terms & Conditions

Last Updated:  March 1, 2024.

This website and its accompanying newsletter and social media accounts (the “Service”) are operated by Lulu Prime Enterprises Inc. (the “Company”).  These Terms and Conditions ("Terms"), along with the Company’s Privacy Policy, govern your use of the Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

Promotion of Third-Party Goods.

The Company promotes products sold and distributed by various third parties.  By using the Service, you acknowledge and agree that the Company is not the seller of these products and is not responsible for the quality or safety of any products purchased through a link promoted on the Service.  

The Company relies on information provided by third parties when describing the products promoted by the Service.  The Company is not responsible for the accuracy of any such information.  The Company does not guarantee the accuracy, completeness, or usefulness of any content on the Service, nor the merchantability or fitness for any particular purpose of any product promoted by the Service.

Under no circumstances will the Company be liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Service.  By using the Service, you agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, products, or other content available through the Service.

Affiliate Commissions & Sponsored Content.

The Company may earn commissions on qualified purchases made through links posted on this site.  The Company may also receive other compensation in exchange for the promotion of certain products through the Service.

Copyrighted Material.

The Service contains copyrighted material, including but not limited to text, software, photos, videos, graphics, and sounds, and the entire contents of the Service are copyrighted as a collective work under the United States copyright laws.  The Company owns the copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in certain original content.  The Service may also contain copyrighted material and other intellectual property owned by third parties who have provided the Company with a limited license to use that material.  

You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content available through the Service, in whole or in part.  Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of content available on the Service shall be merited without the express written permission of the Company and/or any third-party copyright owner.  You acknowledge that you do not acquire any copyright or other intellectual property rights in content available on the Service.

No Warranties.

The Company makes no warranties whatsoever regarding the Service, any products promoted through the Service, and the accuracy, reliability, or content of any information available on the Service.  By using the Service, you expressly agree and acknowledge that the Service is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

Limitation of Liability.

To the fullest extent permitted by law, you agree that in no event shall the Company be liable to you for (i) any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction, (ii) any form of indirect, special, incidental, consequential, exemplary or punitive damages, or (iii) any direct damages in excess of (in the aggregate) one hundred ($100) U.S. dollars.

You agree that the foregoing limitations shall apply to claims based on any causes of action arising out of the use of the Service ro any alleged failure of performance, error, omission, interruption, deletion, defect, deficiency, or delay in the operation of transmission of the Service, or any alleged computer virus, communication failure, theft, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology pertaining to the Service.  You further agree that the foregoing limitations shall apply whether such allegations are based on claims for breach of contract, tortious behavior, negligence, or any other cause of action, regardless of whether the Company is at fault and even if the Company had been advised in advance of the possibility of such loss or damage.

The Company disclaims any and all liability whatsoever for any authorized access to or use of your personally identifiable information.  By using the Service, you acknowledge and agree to the Company’s disclaimer of such liability.  If you do not agree, you should not access or use the Service.

Time Limitation for Claims.

To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of relating in any way to the Service, your use thereof, and/or these Terms must be commenced within one (1) year of the relevant events.  A dispute, claim, or controversy shall be considered “commenced” for purposes of this provision only when it is filed in an arbitration or, if the dispute is non-arbitrable, a court with competent jurisdiction, during the one-year limitations period.  Both you and the Company each agree to waive the right to pursue any dispute, claim, or controversy that is not filed within one year and any right you or the Company may have had to pursue that dispute, claim, or controversy in any forum is permanently barred.

Governing Law & Venue.

These Terms and any dispute, claim, or controversy arising out of relating in any way to the Service, your use thereof, and/or these Terms shall be governed by New York law, without giving effect to its conflict of laws rules (except to the extent that New York law is inconsistent with or preempted by federal law).  Any dispute that is not subject to arbitration under these Terms, or any issues involving arbitrability, shall be brought in the appropriate state or federal court located in Kings County, New York.  You and the Company both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Kings County, New York for the adjudication of all non-arbitral claims.

Dispute Resolution.

We endeavor to resolve user concerns amicably and as quickly as possible.  If you are unsatisfied with some aspect of the Service, please contact us at info@theluluprime.com.

In the unlikely event that you and the Company are unable to resolve any dispute, claim, or controversy without resort to legal action, you agree that any such dispute, claim, or controversy shall be settled by confidential and binding arbitration governed by the rules of the National Arbitration and Mediation (“NAM”) organization.  Unless you and the Company agree otherwise (or the applicable NAM rules dictate otherwise), the seat of the arbitration will be New York, New York.  The language of the arbitration will be English.  The arbitral tribunal shall consist of one arbitrator.  The arbitration award shall be final and binding upon the parties, and judgment upon the award may be entered in any court having competent jurisdiction.

To the fullest extent permitted by law, you and the Company agree that any claims brought against the other must be asserted only in an individual capacity, and not as a plaintiff or class member in any purported class, representative, or private attorney general proceeding.  By using the Service, you waive any right to bring any claim against the Company as part of a class or collective action, or to participate in any class or collective proceeding against the Company.

In any arbitration between you and the Company, the defending party may–but is not required to–make a written offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted.  The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues a final award.  If the final award is issued in the defending party’s favor, or if the award is issued in the claimant’s favor but is less than the defending party’s settlement offer, the claimant must pay the defending party’s costs incurred (including attorneys’ fees) after the offer was made.

Changes to Terms.

The Company may modify these Terms, including by adding new provisions or removing or modifying existing provisions, at any time.  Any such modifications, additions, or deletions will be effective immediately upon publication to this website.  Your use of the Service after such publication shall be deemed to constitute acceptance by you of such modifications, additions, or deletions.

Changes to Service.

The Company may change or discontinue any aspect, component, or feature of the Service at any time. 

Severability.

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

No Waiver By Non-Enforcement.

Any failure by the Company to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

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By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.  If you do not agree to these Terms, please refrain from using the Service.