Terms & Conditions
Use of our site:
Lily Bioceuticals Online (“Lily Bioceuticals Online”) provides the content and services available on the Site
policies which you may find throughout our Site in connection with certain functionality, features or
promotions as well as customer service, all of which are deemed a part of and included within these terms
and conditions (collectively, “Terms and Conditions”). By accessing or using the Site, you are acknowledging
that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms
- Products and Services for Personal Use
The products and services available on the
Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or
resell any of the products or services, or samples thereof; you purchase or otherwise receive from us.
We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled
or products or services to be provided to you that we believe, in our sole discretion, may result in the
violation of our Terms and Conditions.
- Purchase Related Policies and Procedures
To view policies and procedures related to
orders placed through this Site (such as order processing, shipping and handling, returns and
exchanges), refer to the top of this page.
- Accuracy of Information
We attempt to be as accurate as possible when describing our
products on the Site; however, to the extent permitted by applicable law, we do not warrant that the
product descriptions, colors, information or other content available on the Site are accurate, complete,
reliable, current, or error-free.
- Intellectual Property
All information and content available on the Site and its
“look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos,
button icons, images, audio clips, data compilations and software, and the compilation and organization
thereof (collectively, the “Content”) is the property of Lily Bioceuticals Online, our affiliates,
partners or licensors, and is protected by United States and international laws, including laws
governing copyrights and trademarks.
Except as set forth in the limited licenses in Section 6 below, or as required under applicable law, neither
the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed,
modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written
- Limited Licenses
We grant you a limited, revocable, and non-exclusive license to
access and make personal use of the Site. This limited license does not include the right to: (a) frame
or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute,
transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary
to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d)
modify, reverse engineer or create any derivative works based upon either the Site or any and/or all
Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta
tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders,
crawlers, or similar data gathering and extraction tools, or take any other action that may impose an
unreasonable burden or load on our infrastructure. You must retain, without modification, all
proprietary notices on the Site or affixed to or contained in the Site.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of
the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not
replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its
services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that
could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any
ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise
offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and
(vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request
that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such
link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited
licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or
these Terms and Conditions.
- Your Obligations and Responsibilities
In the access or use of the Site, you shall
comply with these Terms and Conditions and the special warnings or instructions for access or use posted
on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make
any change or alteration to the Site or any Content or services that may appear on this Site and may not
impair in any way the integrity or operation of the Site. Without limiting the generality of any other
provision of these Terms and Conditions, if you default negligently or willfully in any of the
obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages
that this may cause to Lily Bioceuticals Online, our affiliates, partners or licensors.
- Your Account
You may choose to create an account at our Site if you are over
thirteen (13) years of age. Do not register if you are not over thirteen (13) years of age. If you are
over thirteen (13) years of age and do register, you will have an email address/username and password
for your account. You are responsible for maintaining the confidentiality of your account, username and
password and for restricting access to your computer. You are responsible for keeping such information
current, complete, accurate and truthful. You agree to accept responsibility for all activities that
occur under your account, username and/or password. You agree to provide only current, complete,
accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you
represent that you have the authority to bind that person as the principal to all Terms and Conditions
provided herein, and to the extent you do not have such authority you agree to be bound to these Terms
and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content
resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and
Conditions are violated or if we decide, in our sole discretion, that it would be in Lily Bioceuticals
Online’s best interests to do so.
- Third Party Links
We are not responsible for the content of any off-website pages or
any other websites linked to or from the Site. Links appearing on the Site are for convenience only and
are not an endorsement by us, our affiliates or our partners of the referenced content, product,
service, or supplier. Your linking to or from any off-website pages or other websites is at your own
risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of,
off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility
or liability for the actions, content, products, or services of such pages and websites, including,
without limitation, their privacy policies and terms and conditions. You should carefully review the
terms and conditions and privacy policies of all off-website pages and other websites that you visit.
- Special Features, Functionality and Events
The Site may offer certain special
features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be
and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to
take advantage of these offerings, you agree that your use of those offerings will be subject to such
It is our policy to decline unsolicited suggestions and ideas.
Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback,
suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as
posting any Submission, you hereby grant us full ownership of the Submission as if we had created,
developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce,
modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we
see fit, including but not limited to copying in whole or in part, creating derivative works from,
distributing and displaying any Submission in any form, media, or technology, whether now known or
hereafter developed, alone or as part of other works, or using the Submission within or in connection
with our products or services. You also acknowledge that your Submission will not be returned and we may
use your Submission, and any ideas, concepts or know how contained therein, without payment of money or
any other form of consideration, for any purpose including, without limitation, developing,
manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your
Submission. You further represent and warrant that such Submission does not constitute or contain software
viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a
false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any
Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any
rights in any Submission or any damages arising from any Submission.
- User Content
When you transmit, upload, post, e-mail or otherwise make available
data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials
(“User Content”) on the Site, you are entirely responsible for such User Content. Such User Content
constitutes a Submission under Section 11 above. This means that all third parties, and not we, are
entirely responsible for all User Content that they post to the Site. You agree not to engage in or
assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making
available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful,
or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under
any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or
misleading; (d) you were compensated for or granted any consideration by any third party; or (e)
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In
addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software
viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain
letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or
entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii)
“stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party
including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable
local, state, national or international law; or (v) collect or store personally identifiable data about
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not
guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may
be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will
we be liable in any way for any User Content, including, without limitation, for any errors or omissions in
any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User
Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or
remove any User Content and we reserve the right to change, condense, or delete any User Content. Without
limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the
right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and
we reserve the right to refuse service and/or terminate accounts without prior notice for any users who
violate these Terms and Conditions or infringe the rights of others.
- Copyright Complaints
We respect the intellectual property of others. If you believe
that a work has been copied on the Site in a way that constitutes copyright infringement, please notify
us at firstname.lastname@example.org.
- Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED “AS
IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION
WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE
(WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a)
INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY,
MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A
RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM
FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK
TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE
THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE
LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND
CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR
You agree to defend, indemnify and hold us harmless for any loss,
damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or
demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to
indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your
use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other
action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Site, all rights and obligations
and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as
if the Terms and Conditions were a contract wholly entered into and wholly performed within New York.
Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration
in New York and you submit to the jurisdiction and proceedings thereof, except that, to the extent you
have in any manner violated or threatened to violate our intellectual property rights or the
intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of
action in equity, we may seek injunctive or other appropriate relief in any court of competent
jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration
under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then
prevailing with 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 shall be joined to an arbitration
involving any other party subject to this Terms and Conditions, whether through class arbitration
proceedings or otherwise.
- Consent to Receive Notices Electronically by Posting on the Site and Via Email
consent to receive any agreements, notices, disclosures and other communications (collectively,
“Notices”) to which these Terms and Conditions refer from us electronically including without limitation
by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you
electronically satisfy any legal requirement that such communications be in writing. To withdraw your
consent to receive Notices electronically, you must notify us of your withdrawal of such consent by
emailing us at email@example.com and discontinue your use of this Site. In such event,
all rights granted to you pursuant to these Terms and Conditions, including but not limited to the
limited licenses set forth in Section 6hereof, shall automatically terminate. Unfortunately, we cannot
provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
Please note that this consent to receive Notices is entirely separate from any election you may make with
respect to receipt of marketing communications. Your options with respect to receipt of marketing
You acknowledge and agree that these Terms and Conditions constitute the
complete and exclusive agreement between us concerning your use of the Site, and supersede and govern
all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the
changes on the Site and providing notice of such change. Any changes are effective immediately upon posting
to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your
agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of
the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other
notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or
other form of joint enterprise between us. Our failure to require your performance of any provision hereof
shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of
a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that
any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be
so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not
render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall
be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of
the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY
Consistent with the Digital Millennium Copyright Act, if
you believe that copyrighted materials have been copied in a way that constitutes copyright infringement,
please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright
interest that you claim is infringed;
Identification of the copyrighted work(s) that you claim has been
A description of the material that you claim is infringing and the location of that material
on the Site;
Your address, telephone number and email address;
A statement by you that you have a good
faith belief that the use of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
Our Designated Agent for notice for claims of copyright infringement is Michael
Kruel, President, Lily Bioceuticals, LLC. 195 Campus Drive, Edison, NJ 08837. Telephone:(732) 738-5550.
Copyright © Lily Bioceuticals LLC. All worldwide rights reserved.
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING LILY
BIOCEUTICALS ONLINE THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE
A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO