These Terms and Conditions are an agreement (“Agreement”) between LM Brands, LLC (“LM Brands, LLC”, “we”, “us” or “our”) and each user (“you” or “your”) of the website www.LMBrandsLLC.com and products offered by LM Brands, LLC.

Your use of the LM Brands, LLC website and any products purchased is at all times subject to this Agreement. You should read this Agreement and the Privacy Policy carefully and be sure you understand it prior to using the website or purchasing Products. Any use of the website or products is deemed to be irrevocable acceptance of this Agreement. If you do not agree to this Agreement, you should not use, and should immediately exit, the website, and you should not purchase any products. Accessing the website only to review this Agreement or privacy policy, copies of which are available on the website (the “Privacy Policy”), is not deemed to be use of the website.

LM Brands, LLC may collect personal information from individuals through this website or in the ordinary course of business. All such personal information obtained by LM Brands, LLC will be held, disclosed, and used as set forth in the Privacy Policy and in accordance with all applicable law.

LM Brands, LLC is a products and services company.

LM Brands, LLC reserves the right, at our sole discretion, to revise or replace this Agreement at any time. For instance, we may need to change this Agreement if a new feature to the website is launched or new products are offered. You will be informed about changes to this Agreement on the website, notification by e-mail or by other suitable means. It is your responsibility to check for changes to this Agreement. If you do not agree to the new terms, you must discontinue use of the website and you should not purchase any additional products. If you continue to use the website or purchase products after the revised terms go into effect, then you will be deemed to have accepted the changes to this Agreement.

In order to purchase products from LM Brands, LLC, you will be asked to provide your contact information, specify products that you are interested in and select a payment option. Upon acceptance of payment, a confirmation email will be sent to the email address provided by you. As a buyer of LM Brands, LLC products and services, you represent and warrant that: (i) all contact information submitted is truthful, current and accurate; (ii) you will maintain the accuracy of such information; (iii) you will not violate any United States or other applicable law or regulation in connection with the use of the website or purchase of products. If we believe that the information you provide is not correct, current or complete, we have the right to terminate or suspend access to products and services. LM Brands, LLC may also suspend or terminate your account or access to the website at any time upon becoming aware of any violation or threatened violation of the Agreement, any security or other threat to our systems, technology, business, other people, or other matters warranting such suspension or termination. In the event that your account is terminated or suspended, your account will be placed in inactive status until such time as the deficiency has been remedied to LM Brands, LLC’s satisfaction. LM Brands, LLC is not responsible for any loss or harm related to your inability to access your account during any period in which your account is in inactive status.

When you choose a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to maintain the security of the account and promptly notify LM Brands, LLC if it is discovered or suspected that someone has accessed your account without permission. If, you permit others to use the account credentials, you are responsible for the activities of such users that take place in connection with that account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. LM Brands, LLC has the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time for good cause, including if we reasonably determine that you have violated any provision of the Agreement.

LM Brands, LLC strives to work with suppliers who adhere to good industry practices and deliver high-quality products. If we become aware of any issues or concerns regarding a proposed supplier, we will inform you.

You are responsible to pay for all products, taxes, and shipping and handling fees in full before receiving the product.
LM Brands, LLC cannot be held responsible for the failure of any suppliers to deliver goods or products that you have purchased or for any negligence on their part. Nevertheless, we will make reasonable endeavors to assist in the resolution of such matters.

You can view all current pricing for the products offered by LM Brands, LLC on the website. All prices listed on the website are shown in U.S. Dollars. If you are eligible for a refund, it will be provided in U.S. Dollars. Taxes are not included in price except where otherwise prohibited by law. All sales, excise, use or similar taxes or charges by a federal, foreign, state or local government, which LM Brands, LLC may be required to pay or collect, shall be in addition to the price stated and shall be paid by you, unless a valid exemption certificate is furnished therefore.

LM Brands, LLCs uses WooCommerce to process payments made by customers for its on-demand products. The fee for on-demand products shall be paid before the commencement of such products. LM Brands, LLC does not collect or process payment information. WooCommerce collects payment method information (such as credit or debit card number, of bank account information, purchase amount, date of purchase and, in some cases, information about the products). We recommend that you review the privacy policy of WooCommerce to learn more about how it handles your personal information at https://www.woocommerce.com/privacy

If any amounts owed hereunder are not received by LM Brands, LLC’s payment processor by the due date, products will be suspended until payment is received and/or payment methods are updated. If our products are suspended for nonpayment, LM Brands, LLC will not be liable for any resulting loss, damage or expense connected with such suspension.

You shall not use the website or products sold by LM Brands, LLC: (1) in a manner inconsistent with this Agreement; (2) in any way that violates any applicable federal, state, local, or international law or regulation; (3) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (4) to transmit, or procure the sending of, any advertising or promotional material, including any “spam” or any other similar solicitation; (5) to impersonate or attempt to impersonate LM Brands, LLC, a LM Brands, LLC employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or (6) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm LM Brands, LLC or users of the website or expose them to liability.

Additionally, you agree not to: (1) use the website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website; (2) use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website; (3) use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent; (4) use any device, software, or routine that interferes with the proper working of the website; (5) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website; (7) attack the website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the website.

The information presented on or through the website is made available solely for general information purposes, some of which is provided by third parties (“Third-Party Content”). We do not warrant the accuracy, completeness, or usefulness of this information, including Third-Party Content. Any reliance you place on such information is strictly at your own risk. All statements and/or opinions expressed in these materials, and all articles and responses to questions, and other content, other than the content provided by LM Brands, LLC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of LM Brands, LLC. We are not responsible, or liable to you or any third party, for the content or accuracy of any Third-Party Content.

The website may also contain links to, or be accessible from, websites provided by third parties (individually a “Third-Party Site”). We do not warrant the offerings of any of these entities or individuals. Your use of a Third-Party Site or service will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. Your use of the website may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and products is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third-party application, website, or service that you visit or use.

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by LM Brands, LLC, its licensors, or other providers of such material and are protected by copyright and other intellectual property laws of the United States and/or other countries.

This Agreement permits you to use the website in connection with your purchasing of products. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website. You also must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this website. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by LM Brands, LLC. Any use of the website not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

We have no responsibility for content on other websites that you may find or access when using our website or our products. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use for those websites govern your use of that material.

YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LM Brands, LLC NOR ANY PERSON ASSOCIATED WITH LM Brands, LLC, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. LM Brands, LLC DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT SHALL LM Brands, LLC BE LIABLE TO A CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT LM Brands, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING IF THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL LM Brands, LLC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO LM Brands, LLC PURSUANT TO THIS AGREEMENT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You shall indemnify, defend and hold harmless LM Brands, LLC from all costs, damages, expenses, fines, liabilities, losses, penalties and payments (including, but not limited to, fees and disbursements of counsel to LM Brands, LLC) resulting from, or relating to, (a) your failure to perform any obligation or assume any responsibility pursuant to this Agreement or the Privacy Policy, (b) any warranty or representation made by you in this Agreement or the Privacy Policy being untrue or misleading in any respect, or (c) any unauthorized use of the website or LM Brands, LLC service by you.

This Agreement, and any disputes arising out of or related hereto, shall be governed exclusively by the laws of the State of New York, without regard to its conflicts of laws rules. The state and federal courts located in the City of New York and County of New York shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. If there is any conflict or inconsistency between any provision of this Agreement and any provision of any applicable law, the latter shall control.

The website and business operations of LM Brands, LLC are controlled and operated from the United States. We do not represent or warrant that the website is appropriate, lawful, or available for use in any particular jurisdiction. Those who choose to access the website or purchase products do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, and are subject to United States export controls in connection with your use of the website and products and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports.

No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Whenever possible, each provision of this Agreement shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.

This Agreement and the Privacy Policy, along with any other document referenced therein, constitute the sole and entire agreement between you and LM Brands, LLC regarding the website and our Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website and our Products.

Neither party will be responsible for failure or delay of performance if caused by: any pandemic, quarantine, an act of war, hostility, or sabotage; act of God; electrical, Internet, or telecommunication outage that is not caused by the obligated Party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

Except as provided by any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing this Agreement.

If you have any questions, feedback, complaints or wish to report a violation this Agreement, please do not hesitate to contact us as follows:

E-mail: [email protected]