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Terms of Service

1. Introduction and Acceptance of the Terms

Welcome to Old Mill Rose Valley, operated by LZI LLC (“Company,” “we,” “our,” or “us”), doing business as (DBA) Old Mill Rose Valley. LZI LLC offers its customers both recurring email and text messaging programs for important account information, as well as occasional one-time email and text messaging programs.

These Terms of Service (“Terms,” “Terms of Service”) govern all LZI LLC email and text message programs (together or individually, the “Service”), as well as your use of theoldmillrosevalley.com, including any content, functionality, and services offered on or via the website (the “Website”). The Terms of Service also include our Privacy Policy.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. Please read these Terms of Service carefully before using our Service, because by using the Website or the Service you accept and agree to be bound by these Terms of Service. Should you disagree with any part of the Terms, you may discontinue use of the Service or contact us at rebecca@queenofheartscatering.com.

2. Communications (Email and SMS)

By providing an email address and creating an Account on our Service, you agree to subscribe to account updates, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

By providing a phone number and creating an Account on our Service, you consent to receive SMS notifications, alerts, and occasional marketing communication at the phone number provided. You understand that message frequency varies and that message and data rates may apply. You may reply STOP at any time to opt out of all SMS communications. You will receive one final message confirming you have opted out. For help, you may reply HELP or contact us at rebecca@queenofheartscatering.com or 610-889-0477.

3. Changes to the Terms and the Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time, and to update the Website and Service from time to time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect; what constitutes a material change will be determined at our sole discretion. Your continued use of the Website or Service following the publishing of updated Terms of Service means that you accept and agree to the changes.

4. Accessing the Service and Website Availability

We are working hard on improving the Service, but we cannot guarantee that the Website or Service will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if, for any reason, all or any part of the Website or Service is unavailable at any time or for any period, nor for any data loss. We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

5. Accounts

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our Service.

6. Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

7. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

8. Intellectual Property Rights and Content

The Service, the Website, and their original content, features, and functionality (excluding Content provided by users) are and will remain the exclusive property of LZI LLC and its licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This means that our design, features, and original copy (e.g., our About page or blog) are covered by copyright. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our copyrighted material, except to the extent permitted by the Website itself.

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. “Content” also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed, or posted to the Service by users (collectively, “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You are responsible for the Content that you post, including its legality, reliability, and appropriateness. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You acknowledge that all Content accessed by you using the Service is at your own risk, and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.

By submitting public User Content through the Service, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Service and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby do and shall grant each user of the Service a non-exclusive, perpetual license to access your User Content through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Content. For clarity, the foregoing license grants do not affect your other ownership or license rights in your User Content. You represent and warrant that you have all rights necessary to grant such licenses without infringement or violation of any third-party rights.

We reserve the right, but do not have any obligation, to (i) remove, edit, or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including upon receipt of claims or allegations from third parties or authorities, or if we are concerned that you may have violated these Terms of Service), or for no reason at all, and (ii) remove or block any Content from the Service.

You are permitted to use the Service for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the standards set forth in these Terms. No right, title, or interest in or to the Service or any content on it is transferred to you, and all rights not expressly granted are reserved. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms and can lead to account termination.

We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements, or changes to the Service (“Feedback”). When you provide Feedback, you grant us a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Service or other products or services.

9. Copyright Infringement (DMCA)

We do not undertake to review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We reserve the right to disclose user identities when required to do so by law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations, and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

If you believe that any User Content violates your copyright, please follow the procedure set forth in Article 512(c) of the DMCA and provide us with a written takedown notice including the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient for us to contact you, such as email, address, and telephone number.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notice should be addressed to rebecca@queenofheartscatering.com, or via mail to: LZI LLC, DMCA Designated Agent, 193 Pennsylvania Ave, Malvern, PA 19355, USA.

10. Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by LZI LLC. LZI LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

11. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

12. Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Because the Service is not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party’s property or information.

13. Limitation of Liability

In no event shall LZI LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of, or inability to access or use, the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

14. Indemnification

You agree to defend, indemnify, and hold harmless LZI LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password, or (b) a breach of these Terms.

15. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

16. Geographic Restrictions

For now, we provide this Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible, appropriate, or legal outside of the United States. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

17. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the State of Pennsylvania, USA, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Pennsylvania.

18. Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and LZI LLC and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

19. Contact Us

If you have any questions about these Terms and need help, please email rebecca@queenofheartscatering.com or call us at 610-889-0477.