AGB
Last Updated: November 6, 2026
Effective Date: December 7, 2026
Notice of changes. We have updated these Terms, including Section 1 (how you accept these Terms and how changes take effect), Section 4 (pricing, currency, and fees), Section 6 (shipping delays), Section 8 (warranties), Section 14 (limitation of liability), Section 15 (dispute resolution, including informal resolution, hearing location, arbitration fees, the class action waiver, public injunctive relief, mass arbitration procedures, and opt-out), Sections 16 and 17 (governing law, venue, and indemnification), Section 19 (including a new Section 19.10 for New Jersey residents), and Section 20 (SMS opt-out). These changes take effect on December 7, 2026 and apply prospectively only, as described in Section 1.1. Until then, the Terms in effect before this update continue to apply, and a copy of that prior version is available on request at legal@fanrock.com.
1. ACCEPTANCE OF TERMS
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("you," "your," "User," "Customer") and Fanrock, LLC, a Delaware limited liability company doing business as Mint & Lily ("Mint & Lily," "Company," "we," "us," "our"). You accept these Terms — including the mandatory arbitration provision and class action waiver in Section 15 — by taking any action that we present as acceptance of these Terms, including placing an order (for example, by clicking "Place Order" or "Pay now" on a checkout screen that presents these Terms), checking an acceptance box, creating an account through a form that presents these Terms, enrolling in a mobile messaging program described in Section 20, or clicking a button that is labeled to indicate acceptance of these Terms. These Terms otherwise govern your access to and use of the website located at mintandlily.com (the "Site") to the extent permitted by applicable law. Our Return Policy and Shipping Policy are incorporated into these Terms by reference. Our Privacy Policy, which is also incorporated by reference, describes our information practices; by accepting these Terms you confirm that you have reviewed it and agree that we may collect, use, and disclose information as it describes, subject to the choices and opt-out rights it provides. Statements in the Privacy Policy describe our practices and are not warranties regarding the Site or any product, and your acceptance of these Terms does not replace any consent that applicable law requires us to obtain separately.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SITE AND NOT PLACE ANY ORDERS.
1.1 Modifications to Terms
We may publish revised Terms with an updated "Last Updated" date. Before a material change takes effect — including a material change to Section 8, 14, or 15 — we will post a dated notice at the top of this page at least thirty (30) days in advance that identifies the material changes and their effective date, and we may also provide notice by other means. Publication of revised Terms does not by itself amend an agreement you previously accepted, and your continued browsing or use of the Site is not acceptance of a material change. Revised Terms bind you when, on or after their effective date, you affirmatively accept them through one of the acceptance actions described in Section 1. The Terms and incorporated policies in effect when you placed an order continue to govern that order. A revision to Section 15 applies prospectively only and does not govern any dispute that arose, or any claim based on conduct that occurred, before your acceptance of the revision. If you accept a materially revised version of Section 15, you may opt out of that revision as provided in Section 15.8.
1.2 Electronic Agreement
By clicking any "I Agree," "I Accept," "Place Order," or similar button, or checking any acceptance box, you are signing these Terms electronically and creating a legally binding contract. You acknowledge and agree that your electronic acceptance has the same legal force and effect as a handwritten signature under the Electronic Signatures in Global and National Commerce Act ("E-SIGN Act"), the Uniform Electronic Transactions Act ("UETA"), and any applicable state law governing electronic signatures.
2. ELIGIBILITY
You must be at least eighteen (18) years of age or the age of majority in your jurisdiction (whichever is greater) to access or use the Site or place orders. By using the Site, you represent and warrant that you meet this eligibility requirement. If you are accessing the Site on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3. PRODUCTS AND ORDERS
3.1 Product Descriptions
We attempt to be as accurate as possible in our product descriptions and images. However, we cannot guarantee that every description, image, color display, or other content on the Site is completely free of typographical or visual error, and colors may display differently depending on your screen. Product images are for illustrative purposes and may not exactly replicate the scale or appearance of the actual product, and personalized and custom products may vary due to the nature of the materials and customization processes. If a product you receive is defective or materially different from its express written description (other than differences attributable to personalization details you provide), your remedies are set forth in Section 7, Section 8, and the Return Policy.
3.2 Order Acceptance
Your placement of an order constitutes an offer to purchase. We reserve the right to accept or reject any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity. An order confirmation email does not constitute acceptance of your order; acceptance occurs only when the product is shipped.
3.3 Personalized Products
Personalized products are made to order and are not refundable. Within thirty (30) days of delivery, you may exchange a personalized item for a replacement or store credit as described in the Return Policy, including when personalization details you provide (e.g., misspellings, incorrect dates) turn out to be wrong. Personalized items that are defective or materially different from what was ordered are addressed by the Return Policy and the Five-Year Limited Warranty in Section 8.
3.4 Resale Prohibition
Products sold on the Site are intended for personal use only. You may not resell, commercially distribute, or offer for resale any products purchased from the Site without the prior written consent of Mint & Lily. We reserve the right to cancel orders and refuse service to any person or entity we reasonably suspect is purchasing products for unauthorized resale. The Five-Year Limited Warranty in Section 8 does not apply to items obtained through unauthorized resale channels.
3.5 Automated Purchasing Restrictions
You may not use any automated means — including bots, scripts, spiders, crawlers, or any other automated device, program, algorithm, or technology — to access, monitor, copy, scrape, or place orders on the Site. We reserve the right to cancel any orders placed using automated means without notice and to ban any accounts associated with such activity.
3.6 AI-Generated and AI-Enhanced Content
Mint & Lily uses a combination of traditional photography and artificial intelligence tools in the creation of product images, marketing materials, and other visual content displayed on the Site and in our advertisements. Specifically:
(a) Product images displayed on the Site may be created, enhanced, or modified using AI-powered tools, including but not limited to background generation or removal, lighting and color adjustment, composition, image upscaling, and other digital editing techniques. These enhancements are intended to present our products accurately and attractively but may result in minor visual differences between the image and the actual product. See Section 3.1 for additional product description disclaimers.
(b) Model and human imagery. Some images on the Site or in our advertising may depict AI-generated or AI-enhanced representations of human models, including partial depictions such as hands, wrists, necklines, or other body parts, used to showcase how products appear when worn. These images may be wholly AI-generated, composited from multiple sources, or digitally altered from original photography. Such imagery may constitute a "synthetic performer" as defined under applicable law.
(c) Disclosure. Where applicable law requires disclosure of AI-generated or AI-enhanced content or synthetic performers, Mint & Lily will provide a clear and conspicuous disclosure in or near the relevant content. Nothing in this Section waives, limits, or disclaims any disclosure obligation imposed by applicable law.
(d) Illustrative nature. You acknowledge that visual content on the Site — whether created through traditional photography, AI generation, AI enhancement, or a combination thereof — is provided for illustrative purposes and may differ in minor or cosmetic respects (such as lighting, background, model depiction, scale, or screen rendering) from the product you receive. To the fullest extent permitted by applicable law, and without limiting your remedies under Section 7, Section 8, or the Return Policy if a product is defective or materially different from its express written description, Mint & Lily is not liable for minor or cosmetic visual differences between Site imagery and actual products received.
(e) Dispute resolution. Any disputes, claims, or controversies arising from or relating to our use of AI-generated or AI-enhanced content, including claims under state or federal AI disclosure laws, shall be subject to the mandatory arbitration, class action waiver, and dispute resolution provisions in Section 15 of these Terms.
4. PRICING, PAYMENT, AND VALUE REPRESENTATIONS
4.1 Pricing
Prices are displayed in U.S. dollars or, where the Site offers it for your location, in your local currency, and are subject to change without notice. The currency in which you will be charged and the total amount to be charged are shown before you complete checkout. The price in effect when you complete your purchase is the price you pay. We reserve the right to correct pricing errors at any time and to cancel orders placed at incorrect prices, even after an order confirmation has been sent.
4.2 Comparison and Reference Pricing
Where we display a comparison price, reference price, "compare at" price, "retail value," "original" price, or similar value representation alongside our selling price, that reference price reflects a good-faith basis that is one of the following: (a) a former price at which we offered the same item for a reasonable period of time (and, where applicable law requires, as the prevailing price within the period that law specifies — for example, the three months preceding the comparison for California residents); (b) a price at which the same or a comparable item is being offered for sale by other retailers at the time of the comparison, based on our documented market survey; or (c) another bona-fide basis disclosed at or near the comparison. Where we display such a reference price, we maintain records supporting its basis. Where a reference price is based on a former price under clause (a), it reflects a price at which we actually offered the item for a reasonable period. Where a reference price is based on other retailers' prices under clause (b), it is not a representation that the item sold at that price at any particular retailer at any particular time, and market conditions may cause actual prices elsewhere to differ. We do not use comparison prices that we do not have a good-faith basis to believe are accurate.
4.3 No Price Matching or Adjustments
We do not offer: price matching with other retailers; price matching with our own prior pricing; post-purchase price adjustments or retroactive credits; or credits or refunds based on subsequent promotional offers.
4.4 Taxes and Fees
The price displayed for a product includes all mandatory charges for that product other than (i) taxes and other governmental charges, which are added as required by law, and (ii) shipping, which is shown as a separate line before you complete checkout and depends on the method and destination you choose. We do not add handling, service, personalization, or other mandatory fees at checkout that are not included in the displayed product price. For international orders, see the Shipping Policy regarding import duties and taxes.
4.5 Dispute Resolution for Pricing Claims
ANY DISPUTES, CLAIMS, OR CONTROVERSIES ARISING FROM OR RELATING TO OUR PRICING, COMPARISON PRICES, VALUE REPRESENTATIONS, ADVERTISING CLAIMS, SAVINGS CLAIMS, OR PROMOTIONAL REPRESENTATIONS SHALL BE SUBJECT TO THE MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND DISPUTE RESOLUTION PROVISIONS IN SECTION 15 OF THESE TERMS. The limitations period in Section 18 applies to such claims.
5. PRODUCT MATERIALS AND COMPOSITION
5.1 Material Representations
Product descriptions may reference materials such as gold, silver, rose gold, stainless steel, gemstones, cubic zirconia, and other materials. These descriptions reflect the materials as represented by our suppliers and manufacturing partners. We make commercially reasonable efforts to verify material composition but cannot independently assay or certify every individual product.
5.2 Material Disclaimer
Handmade and natural materials vary. The appearance, finish, color, weight, and exact measurements of a product may differ slightly from the images and descriptions on the Site due to handcrafting, natural variation in gemstones and metals, and differences in screen display. To the fullest extent permitted by applicable law, we are not liable for these inherent or cosmetic variations. This Section does not disclaim our responsibility for products that are defective or materially different from their express written description (other than differences attributable to personalization details you provide), and it does not limit any right or remedy that applicable law does not permit us to waive, including any liability for personal injury that applicable law does not permit to be limited (see Section 14.5).
5.3 Allergies and Sensitivities
Jewelry may contain metals, coatings, or materials that can cause allergic reactions or skin sensitivities in some individuals. We encourage you to review product materials before purchasing. Except for any liability that applicable law does not permit us to disclaim (including as set out in Section 14.5), we are not liable for allergic reactions or skin irritation resulting from the use of our products.
6. SHIPPING AND DELIVERY
Shipping and delivery are further described in our Shipping Policy, which is incorporated herein by reference. Estimated delivery times are provided for informational purposes only and are not guaranteed. If we learn that we cannot ship your order within the time stated when you placed your order (or, if no time was stated, within thirty (30) days after we receive your properly completed order), we will notify you of the revised shipping date and give you the option to consent to the delay or cancel your order for a prompt, full refund in accordance with applicable law. We are not liable for post-shipment delays caused by carriers, customs, weather, or other events beyond our reasonable control. Except where mandatory law in your jurisdiction provides otherwise, risk of loss and title for products purchased on the Site pass to you upon delivery of the products to the shipping address you provide.
7. RETURNS AND REFUNDS
Returns, exchanges, and refunds are governed by our Return Policy, which is incorporated herein by reference and available on the Site. In general, non-personalized items are returnable for a refund, replacement, or store credit within the period stated in the Return Policy, and personalized and custom items may be exchanged for a replacement or store credit, but not refunded, within the period stated in the Return Policy and Section 3.3. Items that arrive incorrect or materially different from what you ordered are addressed by the Return Policy regardless of those limitations. Items that arrive defective or damaged, and manufacturing defects, tarnishing, and fading that arise later under normal use, are covered by the Five-Year Limited Warranty in Section 8. Nothing in the Return Policy or these Terms limits any consumer right or remedy that applicable law does not permit to be waived.
8. PRODUCT WARRANTIES AND FIVE-YEAR LIMITED WARRANTY
8.1 Implied Warranties and Site Disclaimer
Because we provide the written Five-Year Limited Warranty in Section 8.2, we do not disclaim implied warranties on our products. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY ON A PRODUCT — INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE — IS LIMITED IN DURATION TO THE FIVE (5) YEAR PERIOD OF THE FIVE-YEAR LIMITED WARRANTY SET FORTH IN SECTION 8.2. Other than the Five-Year Limited Warranty in Section 8.2, the express written descriptions of our products, and any statutory warranty or guarantee that applicable law does not permit us to limit, we make no other express warranty regarding the products. THE SITE ITSELF (INCLUDING ALL SOFTWARE, CONTENT, AND FUNCTIONALITY ON THE SITE) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8.2 Five-Year Limited Warranty Coverage
Mint & Lily offers a Five-Year Limited Warranty on the jewelry itself. It covers (a) items that arrive defective or damaged, and (b) defects in materials and workmanship, tarnishing, and fading of the finish that arise under normal use conditions, including everyday exposure to water and sweat. The warranty extends for five (5) years from the original date of purchase and applies to personalized and custom items. Proof of purchase may be required to make a warranty claim.
8.3 Sole Remedy
To the fullest extent permitted by law, Mint & Lily's sole and exclusive obligation under the Five-Year Limited Warranty shall be limited to: repair of the product, replacement with the same or a comparable product, or issuance of store credit, at Mint & Lily's sole discretion. If an item arrives defective or damaged and you contact us within thirty (30) days of delivery, we may instead issue a refund, at our discretion. Otherwise, cash refunds are not provided under the Five-Year Limited Warranty.
8.4 Warranty Exclusions
The Five-Year Limited Warranty does not cover: (a) scratching, denting, or chain stretching; (b) damage resulting from misuse, abuse, accident, or negligence; (c) damage from exposure to chlorine, bleach, or cleaning agents; (d) damage caused by modifications, repairs, or alterations performed by anyone other than Mint & Lily or an authorized service provider; (e) lost, stolen, or misplaced items; (f) cosmetic changes that do not affect functionality, other than tarnishing or fading; (g) damage caused by improper storage; or (h) items purchased from unauthorized resellers or third-party marketplaces.
8.5 Warranty Claims Deadline
A claim under the Five-Year Limited Warranty may be brought at any time within the five-year warranty period set forth in Section 8.2, subject to the notice and claims process in this Section 8. Notwithstanding any shorter limitations period elsewhere in these Terms (including Section 18), no shorter limitations period applies to a claim under the Five-Year Limited Warranty. An action to enforce a warranty claim that was timely submitted under this Section may be commenced within the later of the remaining warranty period, one (1) year after we deny the claim, or any longer period applicable law provides.
8.6 How to Make a Warranty Claim
To make a claim under the Five-Year Limited Warranty, contact us at support@mintandlily.com with your order number or other proof of purchase, a description of the issue, and, where practical, photographs showing the issue. We may require you to return the product, or to provide additional information, so that we can evaluate the claim. If a warranty claim requires you to return the product, we will provide a prepaid shipping label, and we will pay the cost of shipping any repaired or replacement item to you — you will not be charged shipping for a warranty claim. If the claim is approved, we will provide the applicable remedy described in Section 8.3. This process does not limit any right or remedy available to you under applicable law that cannot be waived.
8.7 Statutory Warranty Disclosures and Jurisdictional Rights
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR BY COUNTRY OR PROVINCE. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Australian Consumers: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The benefits given to you by the Five-Year Limited Warranty are in addition to other rights and remedies you have under the Australian Consumer Law; to claim under the warranty, contact us at support@mintandlily.com or 2245 Texas Drive, STE 300, Sugar Land, TX 77479, USA (see Section 8.6).
United Kingdom, European Union, Canadian, and New Zealand Consumers: The Five-Year Limited Warranty is in addition to, and does not affect, your non-waivable statutory rights regarding goods that are faulty, damaged, or not as described.
New Jersey Residents: See Section 19.10.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Ownership
All content on the Site — including but not limited to text, graphics, logos, trademarks, service marks, trade names, images, photographs, product designs, illustrations, audio, video, software, code, data compilations, page layout, underlying source code, and software — is the exclusive property of Mint & Lily (or Fanrock, LLC) or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
9.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for personal, non-commercial purposes (including browsing and placing orders). This license does not include any right to: (a) modify, reproduce, distribute, display, perform, publish, license, create derivative works from, or sell any content from the Site; (b) use any data mining, robots, spiders, scrapers, or similar automated data gathering or extraction methods on the Site; (c) download (other than page caching) any portion of the Site; or (d) use the Site or its contents other than for their intended purposes.
9.3 Trademarks
"Mint & Lily," the Mint & Lily logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fanrock, LLC or its affiliates. You may not use such marks without our prior written permission.
9.4 DMCA Compliance
We respect the intellectual property rights of others. If you believe that any content on the Site infringes your copyright, send a notice complying with the Digital Millennium Copyright Act ("DMCA") to our designated copyright agent:
DMCA Agent, Fanrock, LLC
2245 Texas Drive, STE 300, Sugar Land, TX 77479
Email: legal@fanrock.com
Any DMCA notice must include: (a) a description of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it; (c) your contact information (address, telephone number, and email); (d) a statement of good-faith belief that the use is not authorized; (e) a statement that the information is accurate, under penalty of perjury, and that you are the owner or authorized to act; and (f) your physical or electronic signature.
10. USER SUBMISSIONS AND CONTENT
10.1 Responsibility
You are solely responsible for any content, reviews, comments, photos, or other materials you submit through the Site ("User Submissions"). By submitting content, you represent and warrant that your submissions: (a) do not violate any third-party rights (including intellectual property and privacy rights); (b) do not contain unlawful, defamatory, obscene, or harmful material; (c) do not contain viruses, malware, or other harmful code; and (d) do not use false, misleading, or impersonated information; (e) where submitted as a review, accurately reflect your genuine experience and opinions, and disclose any material connection (such as receiving a free or discounted product or other incentive) between you and Mint & Lily; and (f) where the submission depicts any identifiable person, have been made with that person's consent to the use described in Section 10.2.
10.2 License Grant
By submitting User Submissions, you grant Mint & Lily a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, display, distribute, and create derivative works from your submissions in connection with the Site, our products, and our marketing activities, including the right to use the name, username, likeness, and voice that you include in or submit with your User Submissions in connection with those submissions. This license is non-exclusive; it does not transfer ownership of your submissions to us and does not restrict your ability to publish your honest review of our products elsewhere.
11. PROHIBITED USES
You agree not to use the Site in any manner that:
(a) Violates any applicable federal, state, local, or international law or regulation;
(b) Infringes upon or violates the intellectual property rights or any other rights of any person or entity;
(c) Involves the transmission of unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of solicitation;
(d) Involves the introduction of viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(e) Attempts to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
(f) Involves the use of any device, software, or routine that interferes with the proper working of the Site;
(g) Attacks the Site via a denial-of-service attack or distributed denial-of-service attack;
(h) Involves scraping, data mining, harvesting, screen scraping, or using any automated means to collect data from the Site without our express written consent;
(i) Attempts to impersonate or misrepresent your affiliation with Mint & Lily or any other person or entity;
(j) Involves using the Site in any way that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
(k) Is fraudulent, deceptive, or misleading in any way; or
(l) Otherwise attempts to interfere with the proper working of the Site.
12. THIRD-PARTY LINKS AND CONTENT
The Site may contain links to third-party websites, resources, or services that are not owned or controlled by Mint & Lily. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, practices, or availability of any third-party websites or resources. You acknowledge and agree that Mint & Lily shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or resources.
13. ACCESSIBILITY
13.1 Commitment to Accessibility
Mint & Lily is committed to ensuring digital accessibility for people with disabilities. We continually work to improve the user experience for everyone and apply relevant accessibility standards to the Site. Our full Accessibility Statement, including our current conformance status and known limitations, is available via the link in the Site footer.
13.2 Accessibility Standards and Auditing
We endeavor to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as published by the World Wide Web Consortium (W3C). We are committed to reviewing and improving the Site's accessibility on an ongoing basis and to addressing accessibility issues that are identified or reported to us.
13.3 Feedback, Accommodation Requests, and Voluntary Cooperative Resolution
If you experience any difficulty accessing any part of the Site or require an accommodation, please contact us at support@mintandlily.com with "Accessibility" in the subject line, or by mail at the address provided in Section 21. We take accessibility concerns seriously and will make commercially reasonable efforts to respond to your request within fifteen (15) business days and to implement any necessary remediation within a reasonable timeframe. If you need assistance placing an order, we will work to provide the information or functionality you need through an alternative method.
We want to resolve accessibility concerns quickly and cooperatively. Before pursuing other remedies, we invite you to give us written notice identifying the specific accessibility barrier(s) you encountered — sent to support@mintandlily.com (subject line "Accessibility") and legal@fanrock.com — and to allow us a reasonable opportunity (we aim for sixty (60) days) to investigate and address them. Our preferred approach is structured negotiation: a collaborative, non-adversarial process. Many concerns are resolved this way without further steps. Nothing in this Section limits or waives any right you have under applicable law, and providing this notice is not a precondition to exercising your legal rights.
13.4 Third-Party Content
While we strive to adhere to accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the Site, particularly with respect to content or functionality provided or controlled by third parties (such as payment processors, social media widgets, or embedded content). We welcome your feedback regarding any accessibility issues you encounter.
14. LIMITATION OF LIABILITY
14.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINT & LILY, FANROCK, LLC, OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, MANUFACTURERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MINT & LILY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH:
(a) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE;
(b) ANY PRODUCTS PURCHASED THROUGH THE SITE;
(c) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE;
(d) ANY CONTENT OBTAINED FROM THE SITE;
(e) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
(f) ANY ERRORS, MISTAKES, OR INACCURACIES IN THE SITE'S CONTENT OR PRODUCT DESCRIPTIONS; OR
(g) ANY OTHER MATTER RELATING TO THE SITE OR PRODUCTS.
14.2 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF MINT & LILY, FANROCK, LLC, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO MINT & LILY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
14.3 Basis of the Bargain
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MINT & LILY AND YOU. THE SITE AND PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
14.4 Applicability
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE A NEW JERSEY RESIDENT, SEE SECTION 19.10. IN ANY OTHER JURISDICTION WHERE A LIMITATION IN THIS SECTION IS NOT PERMITTED, MINT & LILY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
14.5 Exceptions
Nothing in this Section 14 excludes or limits liability that cannot be excluded or limited under applicable law, including liability for: (a) death or personal injury caused by a defective product; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; (d) Mint & Lily's obligations under the Five-Year Limited Warranty in Section 8; or (e) any other liability or right that applicable law does not permit to be limited or waived. Where any limitation in this Section is held unenforceable as to a particular claim, it remains in effect for all other claims.
15. DISPUTE RESOLUTION — MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT ALSO CONTAINS A CLASS ACTION WAIVER.
15.1 Informal Resolution
Before initiating any arbitration or court proceeding, the party asserting a claim must send the other party a written Notice of Dispute and attempt in good faith to resolve the dispute informally for at least sixty (60) days. A Notice to Mint & Lily must be sent by email to legal@fanrock.com. A Notice must be individualized to the person asserting the claim — it may not be combined with notices for other persons — and must include: (a) that person's full name, mailing address, telephone number, and the email address associated with any order or Site visit; (b) any order number(s) and date(s); (c) a description of the facts giving rise to the dispute; (d) the relief sought; and (e) that person's signature (an electronic signature is sufficient). If a Notice is incomplete, the recipient must identify the deficiency in writing within fifteen (15) days of receipt or the deficiency is waived. During the sixty-day period, either party may request an individualized telephone or video settlement conference, which the other party will participate in at a mutually convenient time, with counsel if represented. Completion of this process is a condition precedent to commencing arbitration. Any statute of limitations or contractual limitations period applicable to the dispute — including the period in Section 18 — is tolled from the date a written notice that reasonably identifies the claimant and the dispute is received until the conclusion of the sixty-day period.
15.2 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Return Policy, the Shipping Policy, any marketing or communications from us, the Site, any products purchased through the Site, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (and, where Section 15.6 applies, the AAA Mass Arbitration Supplementary Rules) then in effect, as modified by this Section 15. The arbitration shall be conducted by a single arbitrator. Any in-person hearing will take place in the county (or, if you reside outside the United States, the city) in which you reside at the time the arbitration is filed, unless you and Mint & Lily agree otherwise; where the AAA Consumer Arbitration Rules provide for resolution by telephone, video conference, or written submissions, the arbitration may proceed in that manner. The arbitrator shall apply the governing law set out in Section 16.1 (including any mandatory law of your home jurisdiction preserved by that Section), consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
15.3 Arbitration Procedures and Delegation
A court of competent jurisdiction will decide whether the parties formed an agreement to arbitrate, whether they agreed to this delegation provision, which agreement governs if competing agreements are asserted, and any challenge directed specifically to the enforceability of this delegation provision. A court will also decide the enforceability of Section 15.5 and any question whether a request for public injunctive relief must proceed in court. Subject to those exceptions, the arbitrator will decide disputes about the interpretation, applicability, or enforceability of this arbitration agreement (the "Delegation Clause"). This Delegation Clause is intended to be severable from the remainder of this arbitration agreement and shall survive any determination that any other portion of this arbitration agreement is invalid or unenforceable, consistent with the framework established in Rent-A-Center, West, Inc. v. Jackson, 561 U.S. 63 (2010). The arbitrator's award shall be final and binding only between the parties to that individual arbitration, and judgment on the award may be entered in any court having jurisdiction. The arbitrator may award any relief that a court of competent jurisdiction could award to the individual party seeking relief, including injunctive relief.
15.4 Arbitration Fees, Costs, and Attorneys' Fees
Filing, administrative, and arbitrator fees will be allocated under the AAA Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules. Mint & Lily will pay the fees those rules allocate to the business, regardless of the amount claimed. Any applicable consumer fee-waiver or hardship procedures remain available.
Each party will bear its own attorneys' fees and expenses unless applicable law permits or requires an award. The arbitrator may award statutory remedies, attorneys' fees, and costs on the same basis as a court. Sanctions and any reallocation of arbitration fees must be authorized by applicable law and the applicable AAA rules; this agreement creates no additional consumer fee-shifting obligation.
15.5 CLASS ACTION WAIVER
YOU AND MINT & LILY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, EXCEPT AS PROVIDED IN THE NEXT PARAGRAPH REGARDING PUBLIC INJUNCTIVE RELIEF. Unless both you and Mint & Lily agree otherwise in writing, the arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative, class, or collective proceeding.
Nothing in this Section 15 waives any right you may have under applicable law to seek public injunctive relief. If a claim for public injunctive relief must, under applicable law, be decided by a court, that claim (and only that claim) will be severed and decided by a court under Section 16, and the court may stay that claim pending the arbitration of your individual claims. The availability of public injunctive relief does not make this Section 15.5 unenforceable.
If a court of competent jurisdiction finally determines that the class action waiver in the first paragraph of this Section 15.5 is unenforceable as to a particular claim, then this Section 15 (other than this sentence and the public-injunctive-relief paragraph) will not apply to that dispute, which will proceed in court under Section 16.
15.6 Mass Arbitration Protocols
If twenty-five (25) or more arbitration demands or Notices of Dispute raising substantially similar claims are submitted against Mint & Lily within sixty (60) days, or are submitted by or with the assistance of the same law firm or coordinated group of firms, a "Mass Arbitration" exists and the AAA Mass Arbitration Supplementary Rules apply. Unless the Process Arbitrator appointed under those Rules directs a different management order, the following defaults apply: (a) counsel for claimants and Mint & Lily will each select five (5) claims, for a total of ten (10) bellwether claims, to proceed to individual arbitration first; (b) all other claims are held in abeyance and are not assigned an arbitrator until the bellwether awards issue; (c) within thirty (30) days after the last bellwether award, the parties will mediate the remaining claims before a mediator selected under the AAA rules, with the mediator's fees paid by Mint & Lily; (d) if mediation does not resolve the remaining claims, they proceed to individual arbitration in batches of twenty-five (25), selected in the same manner as the bellwethers. Bellwether awards are not binding on any other claimant. All limitations periods are tolled for claims held in abeyance from the date the demand or Notice is received. Per-case administrative and arbitrator fees for claims held in abeyance are assessed in accordance with the AAA Mass Arbitration Supplementary Rules then in effect. On the earlier of (i) eighteen (18) months after the Mass Arbitration determination or (ii) completion of the bellwether phase and mediation under clauses (a)–(c), either party may elect, as to any claim then held in abeyance, that the claim proceed instead on an individual basis in a court under Section 16; the class action waiver in Section 15.5 continues to apply to any such claim. If the AAA is unavailable or declines to administer, the arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Consumer Minimum Standards. Nothing in this Section 15.6 limits your right under Section 15.7 to bring a claim in small claims court.
15.7 Exceptions to Arbitration
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Additionally, claims within the jurisdiction of a small claims court may be brought in such court in the county in which you reside or another court of competent small-claims jurisdiction. Nothing in this Section 15 prevents you from reporting any matter to, or participating in an investigation by, a federal, state, or local government agency. Claims for public injunctive relief are addressed in Section 15.5.
15.8 Opt-Out
You may opt out of this arbitration agreement by sending written notice to legal@fanrock.com within thirty (30) days after you first affirmatively accept it. Your notice must include your name, mailing address, email address, and a clear statement that you wish to opt out. If you timely opt out, neither you nor Mint & Lily will be required to arbitrate under this agreement; the remaining Terms continue to apply.
If you later affirmatively accept a materially revised arbitration agreement, you may reject that revision by sending notice to the same address within thirty (30) days after that acceptance. Rejection of a revision preserves the arbitration agreement, if any, that previously governed; it does not create a new arbitration obligation or revive one you previously opted out of. An earlier valid opt-out remains effective unless you separately and expressly agree to arbitration again.
15.9 Survival
This Section 15 shall survive termination of these Terms and your use of the Site.
15.10 Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MINT & LILY EACH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, ANY PRODUCTS PURCHASED THROUGH THE SITE, OR ANY DEALINGS BETWEEN US, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE. THIS WAIVER SHALL APPLY REGARDLESS OF WHETHER THE ARBITRATION AGREEMENT IN THIS SECTION 15 IS FOUND TO BE UNENFORCEABLE OR INAPPLICABLE TO A PARTICULAR DISPUTE. EACH PARTY ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO THIS AGREEMENT AND THAT EACH PARTY HAS HAD AN OPPORTUNITY TO CONSULT WITH COUNSEL REGARDING THIS WAIVER. This waiver does not apply where applicable law prohibits pre-dispute jury waivers, including for California residents.
15.11 Confidentiality of Arbitration
Each party shall keep confidential the non-public business, financial, personal, or proprietary information and any settlement terms disclosed in the arbitration, and shall use such information only for purposes of the arbitration. Nothing in this Section prevents either party from disclosing information as required by law; to the extent necessary to initiate, pursue, enforce, or challenge the arbitration or the award; to comply with a governmental or regulatory request; or to obtain legal, tax, financial, or accounting advice. Nothing in this Section prevents you from communicating with a government agency. This obligation shall survive the conclusion of the arbitration.
16. GOVERNING LAW AND JURISDICTION
16.1 Governing Law
These Terms and any dispute arising out of or related to these Terms, the Site, or any products purchased through the Site shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of the arbitration provisions in Section 15. Nothing in this governing-law provision deprives you of the protection of any mandatory consumer-protection or other non-waivable provisions of the law of the state or country in which you reside. Where such mandatory law conflicts with Delaware law, the mandatory law of your home jurisdiction applies to that issue. If you are a consumer in the United Kingdom, the EEA, Australia, New Zealand, or Canada, nothing in Section 15 or 16 limits any non-waivable right to bring a claim in the courts of your country of residence, or any non-waivable statutory guarantee or cooling-off / withdrawal right.
16.2 Exclusive Jurisdiction
Subject to Section 15 (Dispute Resolution), you agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the federal or state courts located in New Castle County, Delaware, except that a small-claims action within the scope of Section 15.7 may be brought in the small claims court (or equivalent local court) for the county in which you reside. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue on the grounds of inconvenient forum or otherwise. If you are a consumer residing outside the United States and the mandatory law of your country of residence entitles you to bring proceedings in the courts of that country or prohibits an exclusive foreign forum or pre-dispute arbitration for consumers, nothing in this Section 16 or in Section 15 deprives you of that entitlement.
17. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Mint & Lily, Fanrock, LLC, and their respective affiliates, officers, directors, employees, contractors, and agents from and against third-party claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) to the extent arising out of: (a) your User Submissions; (b) your infringement or misappropriation of a third party's IP or privacy rights; or (c) your willful violation of applicable law in connection with the Site. This obligation does not apply to the extent a claim arises from Mint & Lily's negligence, gross negligence, willful misconduct, or a product defect, and it does not require you to indemnify Mint & Lily for a dispute between you and Mint & Lily about an order, product, or these Terms. You shall provide Mint & Lily with prompt written notice of any claim subject to indemnification, provided that failure to provide prompt notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such failure. Mint & Lily reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of Mint & Lily. This indemnification obligation shall survive termination of these Terms and your use of the Site.
18. LIMITATION ON TIME TO FILE CLAIMS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. This limitations period applies to the fullest extent permitted by applicable law and shall not be construed to shorten any longer limitations period required by a statute that prohibits contractual modification of its limitations period. Notwithstanding the foregoing, a claim under the Five-Year Limited Warranty in Section 8 may be brought within the five-year warranty period as provided in Section 8.5.
19. GENERAL PROVISIONS
19.1 Entire Agreement
These Terms, together with the Privacy Policy, Return Policy, Shipping Policy, and any other legal notices or policies published by Mint & Lily on the Site, constitute the entire agreement between you and Mint & Lily concerning the Site and supersede all prior or contemporaneous communications, proposals, and representations, whether electronic, oral, or written.
19.2 Severability
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable (or, if modification is not possible, eliminated), and the remaining provisions of these Terms will continue in full force and effect.
19.3 Waiver
The failure of Mint & Lily to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Mint & Lily.
19.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Mint & Lily's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Mint & Lily may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
19.5 Force Majeure
Mint & Lily shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Mint & Lily's reasonable control, including but not limited to acts of God, fire, flood, earthquake, epidemic, pandemic, war, terrorism, cyberattacks, ransomware, data breaches by third parties, sanctions, trade restrictions, export controls, labor disputes, government actions, supply chain disruptions, carrier delays, Internet service disruptions, power outages, or third-party service failures.
19.6 Third-Party Beneficiaries
These Terms do not confer any third-party beneficiary rights except as expressly provided in this Section. No person or entity other than you and Mint & Lily shall have any rights under these Terms, except that Mint & Lily's affiliates and its and their respective officers, directors, employees, contractors, agents, suppliers, and service providers are intended third-party beneficiaries of, and may enforce, the provisions of these Terms that are expressly for their benefit — including the disclaimers and warranty provisions in Section 8, the limitations of liability in Section 14, the arbitration and class-action-waiver provisions in Section 15, and the indemnification provisions in Section 17.
19.7 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
19.8 Electronic Communications
By using the Site or placing an order, you consent to receiving electronic communications from Mint & Lily (including order confirmations, shipping notifications, and customer service communications). You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This Section 19.8 does not, by itself, constitute consent to receive marketing text messages; enrollment in and consent to our SMS/mobile messaging program is governed separately by Section 20.
19.9 California Consumer Notice
Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
19.10 New Jersey Residents
If you are a New Jersey resident, the following apply notwithstanding any other provision of these Terms: (a) Section 14 does not limit or exclude liability for personal injury, death, or property damage recoverable under the New Jersey Products Liability Act, for punitive damages recoverable under the New Jersey Punitive Damages Act, or for remedies available to you under the New Jersey Consumer Fraud Act (including treble damages and attorneys' fees); (b) the implied warranties of merchantability and fitness are not excluded, and their duration is limited only as Section 8.1 permits under the Magnuson-Moss Warranty Act and the New Jersey Uniform Commercial Code; (c) Section 17 does not require you to indemnify Mint & Lily for claims arising from Mint & Lily's own conduct; (d) Section 18 does not shorten the limitations period for a claim under the New Jersey Consumer Fraud Act; and (e) no provision of these Terms is intended to be void, unenforceable, or inapplicable in New Jersey except as stated in this Section.
20. SMS / MOBILE MESSAGING TERMS
These SMS / Mobile Messaging Terms form part of, and are incorporated into, these Terms of Service and apply, in addition to the rest of these Terms, if you enroll in the Mint & Lily mobile message service described below. To the extent these Mobile Terms conflict with the general Terms as applied to that service, these Mobile Terms control; in all other respects the general Terms — including Section 14 (Limitation of Liability) and Section 15 (Dispute Resolution) — continue to apply.
The Mint & Lily mobile message service (the "Service") is operated by Mint & Lily ("Mint & Lily", "we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features. We may modify these Mobile Terms in accordance with Section 1.1 of these Terms of Service.
By consenting to Mint & Lily's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Mint & Lily through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Mint & Lily. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt out of the Service at any time. Reply STOP — or any similar message that reasonably communicates that you want to stop receiving texts, such as QUIT, END, CANCEL, UNSUBSCRIBE, or REVOKE — to any text message we send you, click the unsubscribe link (where available) in any text message, or email support@mintandlily.com with your mobile number and a request to opt out. After you opt out you will receive one confirmation text and no further marketing text messages from us. An opt-out applies to all Mint & Lily marketing text programs unless you tell us you want to opt out of only some of them. We will honor your opt-out as promptly as practicable and within the time required by applicable law.
For Service support or assistance, text HELP to 370189 or email support@mintandlily.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. If we change the short code or number we use, we will honor any STOP request you send to the previous number for as long as messages to it can reasonably be received, and you may always opt out by any of the other methods described in these Mobile Terms.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
Any dispute, claim, or controversy arising out of or relating to the Service or these Mobile Terms — including, without limitation, any claim under the Telephone Consumer Protection Act (TCPA) or any similar federal or state law — is subject to the mandatory arbitration, class action waiver, and other dispute-resolution provisions of Section 15, and the limitation of liability in Section 14, of these Terms of Service.
21. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Mint & Lily (operated by Fanrock, LLC)
Email: support@mintandlily.com
Legal inquiries: legal@fanrock.com
Accessibility: support@mintandlily.com (subject line: "Accessibility")
Website: mintandlily.com
Mailing address: 2245 Texas Drive, STE 300, Sugar Land, TX 77479
By placing an order or otherwise accepting these Terms as described in Section 1, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.