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Terms & Conditions

Last Modified: March XX, 2022

THESE TERMS OF SERVICE are entered into by and between LitWish, LLC, a Virginia limited liability company (“LitWish”), and its users (“User,” “you,” or “your”) (LitWish and User each a “Party” and collectively, the “Parties”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of www.litwish.com and its various subpages (the “Website”), any LitWish mobile application now existing or hereafter created (if applicable, the “App”), and any other services or features available on or through the Website or the App (the foregoing collectively defined herein as the “Services”). The Services are a copyrighted work belonging to LitWish. The Services provide an online social marketplace where Users can list and sell items (“Items”). Users who purchase Items are called “Buyers”, and Users who sell Items are called “Sellers”. Users may be both Buyers and Sellers on the Services. In using the Services, Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and LitWish is not a party to such sale or purchase.

There are risks that you assume when dealing with others, and these risks are borne by you alone, and not LitWish. You are solely responsible for your evaluation of, and decision to use, the Services, buy, sell, or transact any business or communications on the Services, and will be liable for all of your actions on the Services.

IF YOU USE ANY PORTION OF THE SERVICES IN ANY FORM, YOU ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS OF SERVICE AND THE LITWISH PRIVACY POLICY, WHICH CAN BE FOUND HERE AND WHICH IS EXPRESSLY INCORPORATED HEREIN BY REFERENCE (THE “PRIVACY POLICY”). PLEASE READ THESE TERMS OF SERVICE AND THE PRIVACY POLICY CAREFULLY BEFORE USING ANY SERVICES. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE ANY SERVICES.

The Services are offered and available to Users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that (i) you are of legal age to form a binding contract with LitWish and meet all of the foregoing eligibility requirements, (ii) you have full legal authority to be bound by these Terms of Service, (iii) you have read and understand these Terms of Service, and (iv) you agree to be bound by these Terms of Service. If you do not meet all of these requirements, you must not access or use any Services.

User Registration

You may be required to register to access the Services. You agree that you will use a valid email address and will keep your password confidential. You will be responsible for all use of your account and password. LitWish reserves the right to remove, reclaim, or change a username you select if LitWish determines, in LitWish’s sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Changes to these Terms of Service

LitWish may revise and update these Terms of Service from time to time in LitWish’s sole discretion and timing upon a notification provided via email or on the Website or the App. All revisions, updates, or changes are effective immediately when LitWish posts them to the Website or the App and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction below will not apply to any disputes for which the Parties have actual notice on or prior to the date the revision, update, or change is posted. Your continued use of the Services following the posting of revised, updated, or changed Terms of Service means and constitutes your acceptance and agreement to the revision(s), update(s), or change(s). You are expected to check, read, and agree to this page when LitWish posts a notification on the Website or App or sends you a notification through email, prior to continuing to access or utilize the Services so you are aware of any revision, update, or change, as they are binding on you.

Services Access

LitWish reserves the right to withdraw or amend the Services, and any product, service, or material LitWish provides as part of the Services, in LitWish’s sole discretion without notice. LitWish will not be liable to you or any other User if, for any reason, any part of or the entire Services are unavailable for your access or use at any time or for any period. From time to time, LitWish may restrict access by you or others to some parts of the Services or the entire Services.

No Professional Advice

The information contained in or made available through the Services (including, but not limited to, information contained on the Website, the App, message boards, in text or other files, in videos, on social media, or in chats) cannot replace or substitute for the advice or counsel of trained professionals in any field, including, but not limited to, financial, tax, real estate, investment, or legal matters. LitWish and its licensors, suppliers, employees, members, managers, officers, agents, representatives, and contractors make no representations or warranties concerning any action or application of information or preparation by any person following the information offered or provided within or through the Services. NEITHER LITWISH NOR ITS PARTNERS, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, OR ANY OF THEIR AFFILIATES, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH TO YOU OR ANYONE ELSE.

Information Disclaimer

All products and Services are for educational, informational, entertainment, and networking purposes only. Nothing on this page, the Website, the App, the Services, or any of LitWish content or curriculum is a promise or guarantee of results or future earnings, and LitWish does not offer any financial, legal, real estate, medical, tax, or other professional advice.

You are responsible and accountable for your decisions, actions, and results thereof, and by your use of the Services you agree not to attempt to hold LitWish liable for your decisions, actions, or results, at any time, under any circumstance.

Payment Terms

You acknowledge and agree that you will pay for the portions of the Services for which there is a charge, and that LitWish or its third-party payment processor may charge your credit card, debit card, or other account or method of payment, as provided by you at the time of purchase or at another time, including any taxes, late fees, and any other charges, costs, or fees associated therewith, that may be accrued or payable by you in connection with the Services. If you fail to pay any amount owed to LitWish for use of all or any portion of the Services, you may lose access to that portion or the entire Services. Additionally, by using the Services, you acknowledge and agree that you may receive e-mail or SMS text messages on your phone or mobile device from other Users, LitWish, and/or its agents and other third-party affiliates if you choose to use services or products that they offer. Receiving these messages may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services for any of the following:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (see Content Standards below) set out in these Terms of Service;
  • To transmit, or procure the sending of, any advertising or promotional material (without LitWish’s prior written consent), including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation;
  • To impersonate or attempt to impersonate LitWish, an employee or representative of LitWish, another User, or any other person or entity (including, without limitation, by using e-mail addresses or User screen names associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by LitWish, may harm LitWish or Users of the Services or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without LitWish’s prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Services;
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
  • Use any “Invite” feature of the Services, if applicable, for sending spam or any solicitation other than as permitted by LitWish; or
  • Otherwise attempt to interfere with the proper working of the Services.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including, but not limited to, all curriculum, information, source code, algorithms, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are wholly owned by LitWish, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other applicable jurisdictions’ intellectual property or proprietary rights laws, as applicable.

These Terms of Service permit you to use the Services in accordance with these Terms of Service only. These Terms of Service do not constitute a sale or convey to you any rights, title, or interest of ownership in or related to the Services or any intellectual property rights owned by LitWish. LitWish, LitWish’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of LitWish or its affiliates or licensors. You must not use such marks without the prior written permission of LitWish. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material from the Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

You must not:

  • Modify copies of any materials from the Services.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

If you print, copy, modify, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Service, your right to use the Services will cease immediately and you must, at LitWish’s option and direction, return or destroy any copies of the materials you have made. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Copyright

LitWish respects the intellectual property of others and asks that Users of the Services do the same. In connection with the Services, LitWish has adopted and implemented or may from time to time adopt and implement a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of the Users is, through the use of the Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to LitWish. Please let LitWish know as soon as possible. Please send the following information to LitWish using the contact information set forth at the end of these Terms of Service:

  1. Your physical or electronic signature;
  2. Identification of the copyrighted work(s) that you claim to have been infringed;
  3. Identification of the material on the Services that you claim is infringing and that you request to remove;
  4. Sufficient information to permit LitWish to locate such material;
  5. Your address, telephone number, and e-mail address;
  6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the owner, its agent, or under applicable law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material facts (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by LitWish in connection with the written notification and the allegation of copyright infringement.

User Contributions

The Services may, now or in the future, contain areas where Users may post, without limitation, discussions, message board comments, opinions, feedback, reviews, comments, videos, photos, and other content, and submit suggestions, ideas, comments, questions, or other information and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to LitWish or other Users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through the Services. Additionally, Users are able to send and receive direct messages from other Users through the LitWish Website or App (“Private Messages”) All User Contributions and Private Messages must comply with the Content Standards set out in these Terms of Service.

Any User Contributions you Post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant LitWish and its affiliates and service providers, its licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent, warrant, and covenant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to LitWish; (b) all of your User Contributions do and will comply with these Terms of Service; (c) your User Contributions, and any third party or User’s access or use of the same, are authorized by all applicable third parties and applicable government agencies who own or possess any right or interest in or underlying the objects or property described therein; and (d) all User Contributions provided by you are accurate and complete in their requirement to satisfy the foregoing described representations and warranties.

The following are additional guidelines for Posting materials on message boards and in-lecture discussions:

  • Everyone is welcome to suggest new message threads that pertain to the topic of the messaging board;
  • The use of profanity, vulgar language, antagonistic remarks, and/or ethnic slurs is strictly prohibited;
  • Advertising of any outside web sites or placing outside web links on the message boards is strictly prohibited, as well as the advertising or “hawking” of any products; and
  • LitWish encourages creative, original, and thought-provoking discussions. The message boards will not be a free forum for personal attacks on others who log onto these boards.

Violators of this policy may be barred from access to the message boards, in the sole discretion of LitWish.

You understand and acknowledge that you are responsible for any Private Messages you send, or User Contributions you submit or contribute, and you, not LitWish, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. LitWish is not responsible, or liable to any third party, for the content or accuracy of any Private Messages sent or User Contributions posted by you or any other User of the Services.

Without limiting the foregoing, by sending LitWish a message, you agree to have it, along with your name and other personally identifying information, posted for public viewing both on the Website or Services, or in other promotional and advertising materials without compensation. LitWish makes no assurance that it will post every submission. All messages that are posted represent the opinions of their authors and do not represent the ideas or opinions of LitWish.

Monitoring and Enforcement: LitWish reserves the right to (1) remove or refuse to post any User Contributions for any or no reason in its sole discretion, and/or (2) take any action with respect to any User Contribution that LitWish deems necessary or appropriate in its sole discretion.

Without limiting the foregoing, LitWish has the right to fully cooperate with any law enforcement authorities or court order requesting or directing LitWish to disclose the identity or other information of anyone posting any materials on or through the Services. NOTWITHSTANDING ANY OTHER TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, YOU WAIVE, RELEASE, AND SHALL INDEMNIFY AND RELEASE AND HOLD HARMLESS LITWISH AND ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Actions that LitWish considers inappropriate and grounds for removal of offending material or termination of access to the Services include, but are not limited to, the following:

  • Using the Services to sell any goods or services that are unlawful in the location at which the content is posted or received, or the goods or services delivered;
  • Using the Services to send or Post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, excessively violent, harassing, or otherwise objectionable;
  • Using the Services to send or Post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups, or individuals or that provides instruction, information, or assistance in causing or carrying out such violence;
  • Using the Services to send or Post any content that holds LitWish (including its affiliates) up to public scorn or ridicule or would in anyway damage or impair LitWish’s reputation or goodwill;
  • Using the Services to send or Post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;
  • Failing to obtain all required permissions when using the Services to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;
  • Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner;
  • Using the Services in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing, or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or
  • Introducing viruses, trojan horses, or other harmful code.

Notwithstanding the foregoing, LitWish does not undertake to review all material or User Contributions before they are Posted on the Services, and cannot ensure prompt removal of objectionable, inaccurate, or incomplete material after it has been Posted. Accordingly, LitWish assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. LitWish has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

In addition to the foregoing, these content standards apply to any and all Private Messages, User Contributions, and use of the Services. You represent, warrant, and covenant that your Private Messages and User Contributions will, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Private Messages and User Contributions shall not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on, without limitation, race, sex, religion, nationality, disability, sexual orientation, or age;
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property, or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service or the Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
  • Give the impression that they emanate from or are endorsed by LitWish or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. LitWish does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. LITWISH DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SERVICES, USER OF THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

The Services may include content provided by third parties, including materials or User Contributions provided by other Users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by LitWish, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of LitWish. LitWish is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties or other Users.

Information About You and Your Use of the Services

All information LitWish collects on or through the Services is subject to the Privacy Policy. By using the Services, you consent to all actions taken by LitWish with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

The Services may from time to time include the ability of Users to purchase products or services through the Services. All purchases through the Services or other transactions for the sale of goods or services formed through the Services or as a result of visits made by you are governed by these Terms of Service. Additional terms and conditions may also apply to specific portions, services, or features of the Services from time to time. All such additional terms and conditions, whether now in existence or created in the future, are hereby incorporated by this reference into these Terms of Service.

Payment Terms and Taxes

You acknowledge and agree that you will pay for the portions of the Services pursuant to these Terms of Service for which there is a charge, and that LitWish or its third-party payment processor may charge your credit card, debit card, or other account or method of payment, as provided by you at the time of purchase or at another time, including any taxes, late fees, and any other charges, costs, or fees associated therewith, that may be accrued or payable by you in connection with the Services. The fees LitWish charges for using the Service will be listed on the Website or within your account homepage. You must have a payment method on file when selling or otherwise using our Services and pay all fees and applicable taxes as a result of your use of our Service by the payment due date. If you fail to pay any amount owed to LitWish for the use of all or any portion of the Services, you may lose access to that portion or the entire Services. Additionally, by using the Services, you acknowledge and agree that you may send or receive e-mail or SMS text messages on your phone or mobile device to or from other Users, from LitWish and/or its agents and other third-party affiliates if you choose to use services or products that they offer. Receiving these messages may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply.

In any jurisdiction where LitWish is required by law to collect sales taxes on sales you make using our Services, LitWish may collect such sales taxes from you through the payment method on file or via any other means available to LitWish.

Release, Holds, and Restricted Funds

All proceeds from sales will be released to the seller’s account on file with LitWish, less all fees in accordance with these Terms of Service.

To protect LitWish from the risk of liability for your actions as a seller, LitWish may restrict your access to the proceeds from the sale. If you receive transaction proceeds to your account, LitWish may instruct your financial institution to temporarily restrict access to funds in your PayPal or other payment account based on certain factors, including, but not limited to, selling history, seller performance, returns, the riskiness of the listing category, transaction value, or the filing of a complaint.

Product Descriptions

LitWish offers product descriptions that are provided by Users or third parties. The Seller has an obligation to provide LitWish accurate description, in good faith, regarding the item that the Seller wishes to sell. LitWish may make edits or modifications to make sure the descriptions are as accurate as possible. However, LitWish does not warrant those product descriptions or other content of any LitWish’s Services are accurate, complete, reliable, current, or error-free. If a product offered by LitWish or other Users is not as described, your sole remedy is to return it in its original condition.

Purchase Conditions

When buying an item using LitWish’s Services, you agree that:

  • You are responsible for reading the full item description before making a purchase.
  • When Buyer purchases an item, Buyer enters into a legally binding contract with Seller.
  • LitWish does not transfer legal ownership of items from the Seller to Buyer.
  • You acknowledge that the receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Prices and availability of an item are subject to change without notice. Errors will be corrected when discovered, and LitWish reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omissions (including after an order has been submitted).
  • You acknowledge that all purchases of items from LitWish are made in accordance to a shipment contract. That means that the risk of loss and title of such items pass to you upon LitWish’s delivery to the carrier.

Cancellations and Returns

Buyers generally do not have the right to cancel an order. Buyers can request to cancel an order within twenty-four (24) hours after their purchase, and LitWish will have three (3) days to accept or decline the request. If the order cannot be canceled, Buyers may still be permitted to return the item if the item is in its original condition, as determined in Litwish’s sole discretion. Returns are only accepted if it complies with LitWish’s return policy.

For Sellers, when an item is returned, to refund the Buyer, the Seller authorizes LitWish to collect the amount of the reimbursement from Seller’s PayPal account or method of payment on file. LitWish may collect the cost of the return shipping label from Sellers when:

  • The return shipping label was provided by LitWish.
  • Item is not as described in the listing and is returned in accordance LitWish’s guidelines.

Linking to the Services and Social Media Features

You may link to the Website homepage or App, provided you do so in a way that is fair and legal and does not damage LitWish’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on LitWish’s part without LitWish’s express written consent. You agree to cooperate with LitWish in causing any unauthorized framing or linking immediately to cease. LitWish reserves the right, but not the obligation, to withdraw linking permission without notice.

This Services may, from time to time, provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Services;
  • Send short message service (“SMS”) text messages, e-mails, or other communications to third parties containing certain content, or links to certain content, on the Services; or
  • Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use the Services features solely as they are provided by LitWish and solely with respect to the content they display. Subject to the foregoing, you must not:

  • Establish a link to the Services from any website that is not lawfully owned by you;
  • Cause the Services or portions of it to be displayed or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site;
  • Link to any part of the Services other than the Website homepage or your personal shop on the Website that is inconsistent with these Terms of Service; or
  • Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Service.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. You agree to cooperate with LitWish in causing any unauthorized framing or linking immediately to cease. LitWish reserves the right to withdraw linking permission without notice. LitWish may disable all or any social media features and any links at any time without notice in LitWish’s sole discretion for any or no reason.

Links from the Services

If the Services contain links to other sites and resources provided by third parties, LitWish provides these links for your convenience only, including links contained in advertisements, including banner advertisements and sponsored links. LitWish has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Relationship of the Parties and Providers

Users are not employees or agents of LitWish or any other User. The relationship between LitWish and a User is that of service provider/user. No brokerage, agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by these Terms of Service or any User’s use of the Services.

Affiliate Marketing Disclosure

LitWish accepts or may in the future accept forms of cash advertising, sponsorship, paid insertions, or other forms of compensation. Some links found on the Services may be affiliate links that allow you to purchase products or services from other companies through advertisements on the Services (“Affiliate Links”). LitWish may receive compensation for purchases made through these Affiliate Links.

Miscellaneous

Geographic Restriction: LitWish provides the Services for use only by persons located in the United States. LitWish makes no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

International Users: The Services are controlled, operated, and administered by LitWish from LitWish’s offices within the United States of America and are specifically intended only for Users located within the United States. If you access the Services from a location outside of the United States, you are responsible for compliance with all national and local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Disclaimer of Warranties: EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE, THE SERVICES ARE MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. LITWISH SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Limitation of Liability: You acknowledge that, unless expressly stated on the Services, all User Contributions are provided by independent Users, not by LitWish. ACCORDINGLY, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, LITWISH HAS NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION OR USER CONTRIBUTIONS PROVIDED TO YOU BY SUCH USER THROUGH THE SERVICES.

UNDER NO CIRCUMSTANCES WILL LITWISH’S LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OF SERVICE EXCEED THE AMOUNT RECEIVED BY LITWISH FROM THE PARTICULAR USER FOR THE SERVICES, IF ANY. IN ADDITION, IN NO EVENT WILL LITWISH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, MEMBERS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, OR ANY SERVICES, ADVICE, OR ITEMS OBTAINED THROUGH THE SERVICES, OR ONLINE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, DEATH, DISABILITY, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, WHETHER RELATED TO YOU OR ANY OTHER PARTY, AND EVEN IF FORESEEABLE. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy.

Indemnification: You agree to defend, indemnify, and hold harmless LitWish, its affiliates, licensors, and service providers, and its and their respective officers, managers, members, employees, contractors, agents, representatives, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your Private Messages and User Contributions, any use of the Services’ content, services, or products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services. LitWish has the right but not the obligation to monitor and edit or remove any activity or content. LitWish takes no responsibility and assumes no liability for any content posted by you or any third party.

Governing Law: These Terms of Service and the relationship between you and LitWish will be governed by the laws of the Commonwealth of Virginia, without giving effect to any choice or conflict of law provision or rule whether of the Commonwealth of Virginia or any other jurisdiction.

Jurisdiction: Except as otherwise provided in these Terms of Service, you and LitWish agree that any dispute or controversy arising out of, relating to, or in connection with the interpretation, validity, construction, performance, breach, or termination of these Terms of Services shall be exclusively filed and resolved in the state and federal courts of the City of Richmond, Commonwealth of Virginia, United States of America, and each Party hereby consents to both the jurisdiction and exclusive venue of the state and federal courts located in the City of Richmond, Commonwealth of Virginia.

Waiver of Jury Trial: EACH PARTY HERETO ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS OF SERVICE IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE YOU AND LITWISH HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO HAVE A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR TRANSACTIONS CONTEMPLATED HEREBY OR THEREIN.

No Assignment: You may not assign your rights nor delegate your duties under these Terms of Service without LitWish’s prior written consent, and any attempted assignment or delegation in violation of the foregoing will be null and void.

Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver: No failure by LitWish to enforce any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LitWish to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Severability: If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement: These Terms of Service, including all documents incorporated herein by reference, the Privacy Policy, and any other agreements executed by and between you and LitWish, constitute the sole and entire agreement between you and LitWish with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties with respect to the Services.

Notices. LitWish may give notice to you by email or other reasonable means. You shall give notice to LitWish by certified mail (postage pre-paid and return receipt requested) to:

Attn: Legal
LitWish, LLC
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QUESTIONS. Please contact LitWish with any questions regarding these Terms of Service by emailing at: info@litwish.com.