Terms of Service1. ACCEPTANCE OF TERMS BY ACCESSING AND USING THIS LIPSTICKTRACES WEB SITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE. By using this web site, which is a service from LIPSTICKTRACES, you are representing to LIPSTICKTRACES that you are at least 18 years old (or the minimum legal age in the jurisdiction in which you are viewing this LIPSTICKTRACES site). You may not use this LIPSTICKTRACES site for any unlawful purpose. LIPSTICKTRACES may change any term in these Terms of Service at any time. The changes will appear in these Terms of Service, and your use of this LIPSTICKTRACES site after any changes have been posted will constitute your agreement to the modified Terms of Service and all of the changes. You understand and agree that LIPSTICKTRACES may discontinue or change this LIPSTICKTRACES site at any time, with or without notice. 2. DESCRIPTION OF SERVICE This LIPSTICKTRACES site includes information retrieved from third-party merchants. LIPSTICKTRACES does not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, this information. 3. LINKS TO THIRD PARTY SITES This LIPSTICKTRACES site contains hyperlinks to web sites operated by persons other than LIPSTICKTRACES. Such hyperlinks are provided for your reference and convenience only. You agree not to hold LIPSTICKTRACES responsible for the content or operation of such web sites. A hyperlink from this LIPSTICKTRACES site to another web site does not imply or mean that LIPSTICKTRACES endorses the content on that web site or the operator or operations of that site. You acknowledge and agree that LIPSTICKTRACES 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 site or resource. 4. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIPSTICKTRACES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. LIPSTICKTRACES MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. 5. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIPSTICKTRACES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIPSTICKTRACES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. 6. EXCLUSIONS AND LIMITATIONS BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OF THE ABOVE LIMITATION OF SECTIONS 4 AND 5 MAY NOT APPLY TO YOU. 7. OTHER INFORMATION This Agreement is personal to you, and you may not assign your rights or obligations to anyone. This Agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the State of New Jersey, as if the Agreement was a contract wholly entered into and wholly performed within the State of New Jersey. You and LIPSTICKTRACES agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New Jersey. The failure of LIPSTICKTRACES to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision in this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable under applicable law, the remaining provisions of the Agreement will remain in full force and effect.