LymeLilli Foundation is committed to helping ease financial struggles for treatment due to Chronic Lyme disease, and co-infections, ensuring quality care for the Lyme society, and ease financial burdens, (“The Plan”). The Sites are designed, and all uses of the Sites are intended, to be in furtherance of The Plan.
You acknowledge that the materials on the Sites are provided “as is” for general information only and without warranties of any kind. The materials on the Sites are not meant to be used for self-diagnosis or to replace the services of a medical professional. While Lyme Lilli Foundation (LymeLilli) endeavors to keep the materials on the Sites current, healthcare information changes rapidly and thus, the materials on the Sites should not be relied upon to be fully comprehensive or error free. LymeLilli Foundation does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites. The Sites do not offer medical advice or recommendations to individuals and you should not rely on the information posted on the Sites as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs. LymeLilli does not advocate that you attempt to treat yourself, your family or someone you know without proper medical supervision. LymeLilli Foundation encourages you to seek the guidance of your healthcare provider if you feel that you, your family or someone that you know suffers from the conditions described on the Sites.
In certain instances LymeLilli Foundation permits third parties to provide testimonials and information, and in certain situations, create personal home pages for fundraising purposes in furtherance of The Plan. LymeLilli Foundation may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of LymeLilli or endorsed by the LymeLilli Foundation.
Restrictions on Use of Materials
LymeLilli Foundation may choose to acknowledge certain persons and companies who have provided donations or sponsorships in furtherance of LymeLilli Foundation. Such acknowledgement may be in the form of recognition on the Sites by use of such persons or companies’ own names or marks and/or links to such person or companies’ own websites. However, LymeLilli Foundation does not solicit or permit the purchase or use of advertisements or commercial endorsements on the Sites by any person or company (including, without limitation, its sponsors and donors). If you choose to click on the links to any of our sponsors’ websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our sponsors, you do so on your own initiative and you agree that LymeLilli Foundation is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such sponsors in conjunction with the Sites.
Links to Other Sites; Link Agreement
LymeLilli Foundation may provide links to other Internet sites or resources. LymeLilli Foundation likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links are provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by LymeLilli Foundation.
Links to the Sites are permitted by LymeLilli Foundation only in accordance with LymeLilli Foundation Link Agreement. You should be aware that links to the Sites may be provided from other sites, either known or unknown to LymeLilli Foundation, and some links to the Sites may be unauthorized, and accessing any other site linked to or from the Sites is done at your own risk. LymeLilli Foundation has not reviewed and is not responsible for the content of any third party sites linked to or from the Sites.
You agree that you will hold harmless LymeLilli Foundation, its officers, directors, employees, volunteers, licensor’s and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the Sites or other sites to which they are linked. If your use of materials from the Sites results in the need for servicing, repair of equipment or data, you will assume any costs thereof.
Limitation of Liability
Lyme Lilli Foundation including its officers, directors, employees, agents, representatives, subsidiaries, affiliates, associates, successors, assigns, sub-contractors, and attorneys (collectively, the “Foundation”) makes no representations or warranties, express or implied, with regard to the information and materials produced by 500Level,MakeLoveLocks, NHgel, Liquid Money Cologne, Shadow buddies and ResultsRNA. (the “Products”) including warranties of merchantability and fitness for a particular purpose of the Products and assumes no liability for the Products.
The Foundation shall not be liable or responsible for any indirect, special or consequential loss, or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill with respect to the Products.
The information contained in this website is for general information purposes only. The information is provided by the Foundation and while we endeavor to keep the information up-to-date and correct, the Foundation makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will the Foundation be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.
Disclaimer of Warranties
THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, Trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.
THE SITES ARE MANAGED IN THE STATE OF FLORIDA AND CALIFORNIA, UNITED STATES OF AMERICA. LYME LILLI FOUNDATION MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. LYME LILLI FOUNDATION MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Disclaimer Regarding Translated Content
Password Protection, You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify LymeLilli Foundation if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by LymeLilli Foundation.
Account Requirements. In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.
Parental Consent, As part of the account activation process, you must certify that you are 18 years of age or older. If you are under the age of 18, then your parent or legal guardian may establish an account for each minor child who may use the Services. In such event, the parent or legal guardian must certify that he or she is at least 18 years old and that he or she is the parent or legal guardian of the child/children listed on the account. The parent or legal guardian also must provide his or her contact information. By creating an account for a minor, the parent or legal guardian gives your minor child permission to access all of the Sites and the Services. As the legal guardian or parent, it is your responsibility to determine whether any of the Sites and the Services and/or information contained on the Sites is appropriate for the minor child and whether the minor child should participate in any feature of the Sites or Services, including without limitation the message boards, blogs or chat rooms. You should understand that we may disclose any activity under the minor child’s account to the parent or legal guardian.
Posted Content, You may post messages, text, photos, testimonials or other content on the Site via the public forums or your Personal Home Page. Any content submitted to LymeLilli Foundation will be treated as non-confidential and non-proprietary, and you authorize LymeLilli and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations and The Plan throughout the world in any format or media (whether now know or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content on the Sites, you represent to LymeLilli Foundation that you own or have the right to use and permit LymeLilli Foundation to use such content in the manner stated above. By way of example and not limitation, if you post a photograph of yourself with others, you need to first obtain permission or a release from the other people appearing in the photograph to use their image on your Personal Home Page and you need to be the owner or licensee of the copyright in the photograph. You agree not to post any photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself on your Personal Home Page, you further authorize LymeLilli Foundation and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of LymeLilli Foundation operations and The Plan throughout the world, and any such permission cannot be revoked for any reason. LymeLilli Foundation reserves the right to refuse to post content, remove content, or disable your account due to: (i) the high-risk nature of a proposed fundraising activity (e.g. bungee jumping, parachuting, hand gliding, cliff diving); (ii) the potentially negative impact on Lyme Lilli Foundation outstanding public image due to a proposed fundraising activity or posted content; or (iii) any other reasonable factor as determined by LymeLilli Foundation in its sole discretion. If LymeLilli elects to disable your account is, LymeLilli will notify you of its disapproval via email at the address provided with your registration.
Availability of Service, Lyme Lilli reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party’s information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on Lyme Lilli Foundation servers on your behalf. Without limiting the foregoing, you agree that LymeLilli shall have no responsibility or liability for the deletion or failure to deliver or store your Personal Home Page or any other public forum, or any information, pictures, content or email provided by or stored by you on your Personal Homepage or any other public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of LymeLilli Foundation. You acknowledge that LymeLilli Foundation reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that LymeLilli Foundation shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
Acceptable Use Policy for Services & Sites
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on LymeLilli Foundation or its licensors or suppliers’ infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and/or distribution of “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of LymeLilli Foundation or others officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites’ servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account (“cracking”) on or from the Sites; or (xiv) are contrary to LymeLilli Foundations public image, goodwill, reputation or mission or otherwise not in furtherance of The Plan.
IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Term & Termination
You further agree that Lyme Lilli Foundation shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites.
Deactivation of the Sites
Notice of Claims of Intellectual Property Violations
Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights. 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 LymeLilli Foundation to locate the material.
Information reasonably sufficient to permit LymeLilli Foundation to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the 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.
Lyme Lilli Foundations agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its General Counsel, who can be reached, as follows:
Please provide all of the information requested above. No specific form is required to provide Lyme Lilli Foundation with notifications of possible infringement. However, it will take Lyme Lilli Foundation longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.
Lyme Lilli Foundation does not knowingly solicit data from children or knowingly market to children. Lyme Lilli Foundation is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens’ Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that Lyme Lilli Foundation receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, Lyme Lilli Foundation will delete that information from the Sites as quickly as is reasonably practical.
Governing Law; Venue; Statute of Limitations
By mail: c/o Lyme Lilli Foundation
Attention: Jeff Berlowitz, Esq. | 21 Alhambra Circle 11th Floor | Coral Gables, Florida 33134