Welcome to the Lido Holdings, Inc., a New York corporation (“Lido”) website located at [https://lido.co] (“the Site”). Lido provides this Site as a service to our customers. Please read the following terms of service (“Terms”) as they govern your use of our Site and our goods, services and content accessible via our Site. To make these Terms easier to read, the Site and our goods, services and content are collectively called the “Services.”
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
We may update the Terms at any time. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.
ACCOUNTS & ELIGIBILITY
Lido is an online retailer with certain products available to third-party retailers, hotels and other wholesale partners. You may use the Services to make purchases only if you are 18 years or older and capable of forming a binding contract with us. In order to make purchases you may create an “Account.” It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
When you make a purchase through our Services, you authorize us or our third-party payment processors to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in U.S. dollars. When you initiate a purchase transaction via the Services, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third-party payment processor, that processor’s terms and conditions apply to your payment transaction.
We offer domestic shipping options through UPS. Orders are fulfilled and shipped during business hours, Monday through Friday, with the exception of US holidays.
US Retail Orders:
For domestic retail (non-bulk) orders, we offer complimentary UPS Ground shipping within the United States.
At checkout you may find additional options including expedited shipping. We may offer expedited shipping for an additional fee. Expedited orders must be placed by 12pm noon ET to go out the same day.
For orders placed in the New York City Metropolitan Area, alternative pick-up and delivery options may be available.
International Retail Orders:
Please contact us directly for international shipping options at email@example.com.
US Wholesale Orders:
For Wholesale orders, including to our retail and hotel partners, we ship via UPS and other third-party freight carriers. For wholesale orders and related shipping options, please contact us at firstname.lastname@example.org.
At Lido, we are committed to providing our customers with great quality products. Our products are sold both online at https://lido.co and by our approved retailers in limited quantities. We have done our best to display our items as accurately as possible via our Services. Please be aware however that variations in style, color, size, shape and look may occur. If you are not satisfied with your purchase through https://lido.co, please review our return policy below.
If you choose to purchase a product or service from a party other than Lido, including products manufactured by Lido or services delivered in part by Lido, please note that your ability to return said products, receive a refund, receive an exchange or replacement, or other remedies, is governed by your contract with the third party, and not Lido. You acknowledge sole responsibility for and assume all risk arising from any third-party retailer. To the fullest extent allowed by applicable law, Lido shall have no liability or responsibilities towards you based on your dealings with any third party retailer.
Returns & exchanges on purchases through https://lido.co are accepted within 14 days of your original purchase. To complete your return or exchange, we require a receipt or proof of purchase. If you would like to proceed with a return or exchange, please email a request with your original order number in the subject line to email@example.com.
Returns for a Refund:
To be eligible for a return for a refund, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will approve or reject your request solely at our discretion. We will notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment within 30 days.
If you haven’t received a refund within 30 days of sending your returned products to us, please first check your bank account again. Then contact your bank as it may take some time before your refund is officially posted. There is often some processing time before a refund is posted into some accounts. If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org.
Returns for an Exchange:
To be eligible for an exchange, your item must be unused and in the same condition that you received it. It must also be in the original packaging. We will approve or reject your request for exchange solely at our discretion.
Please note that we only replace items if they are materially defective or damaged upon arrival, as determined in the sole discretion of Lido. If you need to exchange it for the same item, send us an email at email@example.com and send your item to our return address, which we will provide upon communication.
Return & Exchange Shipping:
Lido will only cover the shipping fees for the return of materially defective, damaged, or incorrect items and reserves the right to replace defective or damaged items in its sole discretion.
For all other returns and exchanges for unused products, you will be responsible for paying for your own shipping costs for returning your items. Shipping costs are non-refundable. If you receive a refund, we will refund you for the product returned.
If you are shipping an item over $30, you should consider using a trackable shipping service or purchasing shipping insurance. Lido will not be held responsible for items lost in transit to our return address.
For all returns & exchanges, please contact us at firstname.lastname@example.org.
Late Returns & Exchanges:
If 14 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. If the product breaks during use after the 14 day period, please contact us at email@example.com.
Only retail, hotel and wholesale partners that have entered into an agreement directly with Lido (“Lido-Approved Buyer” or “the Buyer”) may receive bulk order discounts and/or Lido’s approval to sell or use Lido products in a commercial environment. Any customer that has not entered into a direct, written and executed agreement with Lido separate and distinct from purchasing the products on the Site will not be deemed a Lido-Approved Buyer and therefore cannot resell any Lido products. Any Lido-Approved Buyer purchasing Lido products per a wholesale agreement (the "Products") or any Lido approved wholesale platform shall not, without Lido’s prior written permission: (i) export the Products or supply the Products for export to any countries outside of the United States, (ii) advertise, canvass or attempt to sell the Products for export to any territory outside of the United States, (iii) list any of the Products for sale on any third-party internet marketplaces, including Amazon.com, eBay.com, Jet.com, Walmart.com or (iv) sell the Products to any third-party within the United States whose dealings relating to the Products would, if carried out by the Buyer, constitute a breach of (i), (ii) or (iii) above.
Due to the nature of the Products, the Buyer and Seller agree that the Buyer shall maintain facilities suitable for displaying the Products to its customers and that the nature of the Products may render them inappropriate to be resold solely through mail order channels or via the internet (including Amazon, eBay), without affording customers the opportunity to examine them in person in a retail environment. The Buyer therefore shall not be involved either directly or indirectly in the provision of the Products by mail order or via the internet without first obtaining the express written permission from Lido directly, which will be granted if the criteria set forth below are met. The Buyer agrees, and will ensure that third parties to whom it resells the Products agree not to sell through mail order or the internet (including Amazon, eBay) without the express written permission of the Seller.
The following criteria are required to be met before any approval will be given for selling the Products on an internet website:
- the Buyer is required at all times to have a ‘brick and mortar’ retail store at which consumers may browse the Seller’s branded products and obtain advice from trained staff;
- the Buyer’s domain name must be registered with the Seller, must reflect the Buyer’s retail/ account name and the trading address must be clearly visible on the website;
- all brands must be promoted in line with the Seller’s corporate guidelines. This includes the correct use of the Seller’s logos;
- the Buyer may not offer discounts on Lido products without express written consent of Lido
Any use of the Seller’s brands, logos or copyright material (including any flat shot images) shall be subject to the Seller’s prior written approval. Apart from these brands and logos, no other brand or logo may be affixed or used in relation to the Products.
All designs depicted on the Products are the copyright of the Seller and may not be reproduced on internet websites without the express written permission of the Seller.
Ownership of Intellectual Property by Resellers. The sale of the Products to the Buyer in no way conveys to the Buyer, expressly or by implication, estoppel or otherwise, any license to any Seller patent, copyright, trademark, trade secret or other intellectual property right. The Seller expressly reserves and retains all intellectual property rights in the Products. The Buyer shall not, and shall not permit any third party to, copy, reproduce, manufacture or have manufactured, in whole or in part, any Products.
Our Content. All of the content that appears on the Site, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by Lido (“Content”). We either own or have a license to all such Content. Subject to your compliance with these Terms, Lido grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
User Content. “User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you in connection to the Services or that you share online, through a public application, or with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).
By making any User Content available through the Services you hereby grant to Lido a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content, in whole or in part, in connection with the Services and Lido’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing or advertising and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (whether now known or hereafter devised). You understand that Lido is not obligated to utilize any of the rights granted in these Terms and we do not guarantee any confidentiality with respect to any User Content you submit or upload.
Except where prohibited by law, by submitting or uploading User Content, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User Content or any photographs, footage, statements or other work contained in the User Content. You are also agreeing to appoint Lido as your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Lido on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Tagged Media. The Site includes the Lido page located at https://lido.co, which extracts content from our users and customers who share photos and videos on Instagram, Facebook, Snapchat, Twitter, TikTok or other social media (“Social Media”) account using hashtags, mentions or otherwise posting about the Services. You acknowledge and agree that the Tagged Media may be used in Lido’s retail locations, showrooms, email, on our Site or other websites or other public applications that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services and similar promotional purposes, including after you terminate your Account or your use of the Services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.
DMCA/Copyright Policy. Lido respects copyright law and expects its users to do the same. It is Lido’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
USE OF SERVICES
We really want everyone to have a great experience using the Services. That’s why you agree that you won’t do any of the following things, otherwise we might have to suspend or terminate your Account:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services, or any individual element within the Services, Lido’s name, any Lido trademark, logo or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained on a page, without our express written consent, except as is clearly permitted by the functionality of the services;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Lido or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Attempt to interfere in any way with the Services or Lido’s networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other third party or individual to do anything listed above.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Brooklyn, New York before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Lido’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
CORRECTION OF SITE ERRORS
The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.
You agree to indemnify and hold Lido (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms, your use of the Services, or any activity related to your Account (including negligent or wrongful conduct).
THIRD PARTY LINKS
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may disable access to your Account at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of Services or your Account, the following sections will survive: User Content, Payments, Feedback, Disclaimer of Warranty, Limitation of Liability, Dispute Resolution, Governing Law, and General Terms.
DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY GUARANTEES OR WARRANTY. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
NEITHER LIDO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING PHYSICAL HARM, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIDO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL LIDO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO LIDO FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LIDO, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LIDO AND YOU.
Our goal is to provide you with great service, so we’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that (a) a Claim may be brought in small claims court if it qualifies for it and (b) either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.
What is arbitration? Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute, and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could award, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
Can a Claim be part of a class action or similar proceeding? No. You agree to resolve your Claims with us solely on an individual basis, and not as part of a class, representative or consolidated action. We agree to do the same.
What rules apply in the arbitration? The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
How will the arbitration be conducted? How much does it cost? The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Unless the arbitrator finds your Claim frivolous, we’ll pay for all filing, administration and arbitrator fees if your Claim is for less than $10,000, and we won’t seek our attorneys’ fees and costs if we prevail in the arbitration. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
How do I start an arbitration proceeding? To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to Lido Holdings Incorporated, 24 E Park Ave, Suite 200, Long Beach, NY 11561. If we request arbitration against you, we will give you notice at the email address or street address you provided.
INSTRUCTIONS FOR OPTING-OUT OF ARBITRATION: If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing at email@example.com. You must opt-out within 30 days of the date you first agree to these Terms or any updated Terms.
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
These Terms constitute the entire and exclusive understanding and agreement between Lido and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Lido and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an opt-out email in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Lido’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Lido may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Lido under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
WAIVER OF RIGHTS
Lido’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lido. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact us at firstname.lastname@example.org.
TERMS UPDATED ON: MARCH 30, 2021