TERMS AND CONDITIONS OF USE

PLEASE READ THIS AGREEMENT CAREFULLY. THESE TERMS AND CONDITIONS OF USE GOVERN YOUR USE OF THE DIGITAL SERVICES, WEBSITES, MOBILE APPLICATIONS, OR OTHER DIGITAL PLATFORMS OWNED AND OPERATED BY OR ON BEHALF OF MILLY'S OR ONE OF ITS AFFILIATES (“MILLY'S”) AND THAT LINK TO, REFERENCE, OR OTHERWISE INCORPORATE THESE TERMS AND CONDITIONS OF USE (“DIGITAL SERVICES”). BY USING THE DIGITAL SERVICES OR OTHERWISE ACCEPTING THESE TERMS AND CONDITIONS OF USE, YOU AGREE TO BE BOUND BY THEM.

THIS AGREEMENT CONTAINS A PROVISION THAT GENERALLY REQUIRES DISPUTES TO BE RESOLVED ON AN INDIVIDUAL BASIS RATHER THAN VIA CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION FOR INFORMATION.

This agreement (“Agreement”) governs your use of the Digital Services, any transactions you make on the Digital Services, and your access to and use of the content, postings, links, pages, services, products, features, functionality, and/or other materials offered on the Digital Services and any other Digital Services Milly's may make available and that link to, reference, or otherwise incorporate these Terms and Conditions of Use. By accessing any of the Digital Services, or otherwise accepting these Terms and Conditions, you agree you are bound by this Agreement, as it may be amended or supplemented from time to time, and agree to all operating rules that may be published by Milly's on or in connection with the Digital Services. All these rules are incorporated into this Agreement by this reference. If you do not understand or agree to be bound by this Agreement, please do not access the Digital Services.

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Milly’s and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Milly’s believes that customer conduct violates applicable law or is harmful to the interests of Milly’s and its subsidiaries.

OWNERSHIP.

All software, content and materials used or appearing on the Digital Services are the exclusive property of Milly's, its affiliates, subsidiaries, or related entities, or used with permission of the third party rightsholder(s), and are protected by U.S. and international copyright, trademark, and other intellectual property rights laws. No copying, sale or exploitation of material from the Digital Services is permitted without the prior written consent of Milly's and any other applicable intellectual property owner. You do not acquire any ownership rights by virtue of downloading material from the Digital Services. If we request or permit the submission of your opinions, product ratings or reviews, ideas, suggestions, or feedback (collectively, “Feedback”), by submitting such Feedback, you grant Milly's a worldwide, irrevocable, non-exclusive, royalty-free, transferable, sub-licensable, perpetual license to display, publish, disclose, use, reproduce, edit, modify, market, store, distribute, have distributed, reproduce, re-arrange, change, add to or delete from, translate, adapt, revise, alter, publicly and/or privately display, communicate, publicly and/or privately perform, transmit, have transmitted, syndicate, host, index, cache, tag, encode, create derivative works based upon, combine, compile, and/or promote the Feedback, and any display thereof, for any or all commercial or non-commercial purposes, including, without limitation editorial, commercial, and promotional purposes, and all other purposes, in any manner, form, or media whatsoever, including without limitation print, digital, or otherwise, whether now known or later discovered, with or without attribution to you or any other party. For the avoidance of doubt, and without limiting the above, the foregoing grant includes the rights to combine or compile the Feedback with other content, and publish and/or display that edited, modified, combined or compiled content. You represent that all Feedback submitted by you is owned solely by you or that you have the necessary approvals and permissions to grant the license described above, and that the license grant does not violate applicable law or the intellectual property rights or other rights of others. You acknowledge that prior to submitting the Feedback, you may be required to sign an agreement prepared by Milly's that confirms those representations and licenses.

TRADEMARKS

The Milly’s marks, bottle and label designs are registered trademarks and service marks exclusively of Milly’s. In addition, graphics, logos, page headers, styles, and service names included in or made available through any Service are trademarks or trade dress of the Company in the U.S. and other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

All brand, product, service, and process names appearing on this website are trademarks of Milly’s. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Milly’s. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Milly’s or any third party, except as expressly granted herein.

INDIVIDUAL USE.

You are only authorized to visit, view and retain copies of pages of the Digital Services solely for your own individual, non-commercial use. You may not duplicate, download, publish, modify or otherwise distribute any material on the Digital Services for any purpose other than for your own individual, non-commercial use unless authorized by Milly's in writing.

THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

You may not use the Digital Services to transmit material that: (i) is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner; (ii) reveals trade secrets, unless you own them or have the permission of the owner; or (iii) infringes on any intellectual property rights of others or violates the privacy or rights of publicity of others.

YOUR PRIVACY.

By accepting this Agreement and submitting your personal information on our Digital Services, you understand and agree that we may use, collect and share such information in accordance with our Privacy Policy. Our Privacy Policy is incorporated by reference into this Agreement.

PRIVACY POLICY.

YOUR CONDUCT.

When using the Digital Services, you agree to:
Comply with all applicable laws, rules, and regulations;

Not take any action that interferes with the proper working of the digital services , compromises the security of the digital services, or otherwise damages the digital services or any materials and information available through the digital services;
Not use the digital services for any purpose that is unlawful or prohibited by these terms and conditions of use;
Not solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others;
Not attempt to gain unauthorized access to any portion or feature of the digital services, to any other systems or networks connected to the digital services, to any of our servers, or to any of the services offered on or through the digital services, including but not limited to by hacking, password “mining”, or any other unauthorized means;
Not probe, scan, or test the vulnerability of the digital services or any network connected to the digital services;
Not attempt to breach the security or bypass the authentication measures on the digital services or any network connected to the digital services;
Not upload any viruses or other malicious code to the digital services;
Not use the digital services, or any service or information made available or offered by or through the digital services, in any way where the purpose is to reveal any information, other than your own information or information that we make available to you through the digital services; and
Not use any automated means to collect information or content from or otherwise access the digital services, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.

We may allow or require that you create an account to access or use some or all of the Digital Services. By creating an account, you agree to: (a) provide accurate and current information; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information that is false, inaccurate, or deceptive, as determined in our sole discretion, we may suspend or terminate any account you establish, decline to provide you with the Digital Services, and/or refuse any or all current or future use of the Digital Services or any portion thereof. If you create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may not share your account and password with anyone. You agree that you are responsible for all activities that occur under your account or password, even if not authorized by you. You must notify us immediately of any breach of security or unauthorized use of your account. If you elect to use third-party sign-up features to create an account, the terms of service for the third-party service will apply, and we may receive information from the third-party service subject to their terms and privacy policy.

LINKS.

Milly's may provide links, or may automatically link you, to other websites or digital services from the Digital Services. Milly's attempts to ensure that each of the links from the Digital Services is appropriate for its consumers. However, Milly's does not endorse linked websites or digital services and Milly's is not responsible for any linked websites or digital services, nor for any content, products, services, materials, practices, or policies of, or available on or through, any linked websites or digital services. Further, Milly's is not responsible for and has no control over your interactions with third parties on third-party websites or digital services, including websites or digital services that Milly's automatically links you to. Therefore, you should always carefully review the privacy policies and terms of use for third-party websites or digital services.

ELECTRONIC COMMUNICATIONS.

The Digital Services may include the option to enter into agreements or transactions and make purchases electronically. You agree to the use of electronic records and signatures in association with the Digital Services. Your agreement and intent to use electronic records and signatures apply to all transactions you enter into on the Digital Services or, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Digital Services. You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information, you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices or to withdraw your consent for Milly's to use electronic records to provide you with information that is required by law to be in writing. To inquire about or exercise the rights you may have, contact us via the channels listed on the Digital Services. You confirm that you have the ability to access and retain e-mails.

MOBILE SERVICES TERMS & CONDITIONS.

Some of our Digital Services may enable you to send or receive SMS/text messages to or from mobile devices. You understand and agree that standard text message rates, as charged by your carrier, may apply. You agree that except for SMS/text messages that you send to us, you will only send SMS/text messages via the Digital Services to phone numbers and devices registered in your name and that you will not initiate messages to devices of any other person or entity.

You may be able to download and install certain Digital Services to your mobile device from an app store (“Platform”). These Terms and Conditions of Use constitute an agreement between you and Milly's only, and not with the provider of the Platform. Platform providers are not:

Responsible for the digital services;
Responsible for providing any maintenance or support for the digital services;
Responsible for the review, defense, settlement, or satisfaction of claims resulting from the infringement of third-party intellectual property rights; or
Obliged to react to claims brought against them by you or a third party in connection with the digital services.

To the fullest extent permitted by law, Platform providers do not assume any warranty regarding the Digital Services. Platform providers and their subsidiaries are beneficiaries of the Privacy Policy and these Terms and Conditions of Use and are, after acceptance by you in connection with the access to and use of Digital Services available on Platforms, therefore entitled to (and this right is deemed to have been accepted) derive rights from these Terms and Conditions of Use and raise claims against you.

USER-GENERATED CONTENT.

Milly's is not responsible for the content of posts, uploads, Feedback, or other communications posted by users. Milly's reserves the right to delete, move, or edit content of any such communications that Milly's, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. Milly's is not responsible for such third-party communications, does not endorse, adopt or sponsor any third-party statements, and is not obligated to respond to or correct misstatements made by third parties. Milly's is not liable for the content of any such communications, whether or not implicating the laws of copyright, trademark, libel, privacy, obscenity, or otherwise.

By posting or uploading any photographs, works of authorship, artwork, graphics, text, Feedback, or other content (collectively, “Content”) to the Digital Services:

You grant Milly's a worldwide, irrevocable, non-exclusive, royalty-free, transferable, sub-licensable, perpetual license to display, publish, disclose, use, reproduce, edit, modify, market, store, distribute, have distributed, reproduce, re-arrange, change, add to or delete from, translate, adapt, revise, alter, publicly and/or privately display, communicate, publicly and/or privately perform, transmit, have transmitted, syndicate, host, index, cache, tag, encode, create derivative works based upon, combine, compile, and/or promote the content, and any display thereof, for any or all commercial or non-commercial purposes, including, without limitation editorial, commercial, and promotional purposes, and all other purposes, in any manner, form, or media whatsoever, including without limitation print, digital, or otherwise, whether now known or later discovered, with or without attribution to you or any other party. For the avoidance of doubt, and without limiting the above, the foregoing grant includes the rights to combine or compile it with other content, and publish and/or display that edited, modified, combined or compiled content on the digital services and/or on any digital platform of Milly's or an affiliate such as www.millys.com, the flavor maker app, social media pages (such as Milly's Twitter®, Instagram®, Tik Tok®, or other pages), or in any other medium, print, digital or otherwise, whether now known or later discovered. You agree that Milly's cannot and will not be responsible for the content. You confirm that you are 18 years old (or the age of majority in your residence) or older, and have the authority to enter into this agreement and grant the rights outlined in this agreement. You confirm that Milly's may remove any content if Milly's believes that it violates this agreement, its privacy policy or any third party right. You understand that Milly's may not include attributions of authorship, ownership, creation or otherwise with any content. You understand that Milly's is not under any obligation to use, display or publish the content, and may remove it at any time, for any reason. You confirm that: You own or have a license to use all intellectual property rights to the content, No third party right, and no applicable law, is violated by your posting or uploading of content; and, You may be required to sign an agreement prepared by Milly's that confirms these representations and licenses.
You agree that Milly’s cannot and will not be responsible for the content.
You confirm that you are 18 years old (or the age of majority in your residence) or older, and have the authority to enter into this agreement and grant the rights outlined in this agreement.
You confirm that Milly’s may remove any content if Milly’s believes that it violates this agreement, its privacy policy or any third party right.
You understand that Milly’s may not include attributions of authorship, ownership, creation or otherwise with any content.
You understand that Milly’s is not under any obligation to use, display or publish the content, and may remove it at any time, for any reason.
You confirm that:
- You own or have a license to use all intellectual property rights to the content,
- No third party right, and no applicable law, is violated by your posting or uploading of content; and,
- You may be required to sign an agreement prepared by Milly’s that confirms these representations and licenses.

RIGHT TO REVISE THIS AGREEMENT.

Milly's has the right at any time to revise and to otherwise modify this Agreement, and to impose new or additional terms or conditions (collectively, “Additional Terms”) on your use of the Digital Services. Such Additional Terms are effective immediately and are incorporated into this Agreement when posted by Milly's to the Digital Services. Use of the Digital Services following such notice indicates your acceptance of all such Additional Terms.

REVISION/TERMINATION OF THE SERVICES.

Milly's has the right, at any time, to modify or discontinue, temporarily or permanently, the Digital Services, and/or to refuse or restrict anyone from access to any of the Digital Services, with or without notice and in its sole discretion. Milly's shall not be liable for any modification, suspension or discontinuance of any Digital Services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, AS APPLICABLE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, THE COMPANY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

The Content included in this website has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this website. Milly’s makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the website or Content, or the suitability, functionality, or operation of this website or it's Content. By using this website, you assume the risk that the Content on this website may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.

MILLY’S SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL MILLY’S BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

-- OR Depending on State --

The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this website is provided by the advertiser or manufacturer only, and not by Milly’s.

The references and descriptions of products or services within the website materials are provided "as is" without any warranty of any kind, either express or implied. Milly’s is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this website or of any of the products or services described hereon.

The descriptions of, and references to, products, services, and companies on this website are the sole responsibility of the companies providing the information ("advertisers"), and not Milly’s.

The inclusion of material on this server does not imply any endorsement by Milly’s, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Milly’s tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

MILLY'S MAKES NO WARRANTIES. YOU USE THE DIGITAL SERVICES AT YOUR SOLE RISK. THE DIGITAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. MILLY'S DOES NOT WARRANT THAT THE DIGITAL SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, MILLY'S DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE DIGITAL SERVICES IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT FROM JURISDICTIONS WHERE THE CONTENT IS ILLEGAL IS EXPRESSLY PROHIBITED.

Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY LAW, MILLY'S IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE DIGITAL SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MILLY'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN, TO THE FULLEST EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF MILLY'S FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO THE DIGITAL SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).

Some jurisdictions do not allow limitations on damages. In the event the applicable jurisdiction does not allow the limitation on liability to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law.

DISPUTE RESOLUTION AND CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIM, CAUSE OF ACTION, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO THE DIGITAL SERVICES, THIS AGREEMENT OR ANY OTHER POLICIES OR OTHER TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A “DISPUTE”) MUST BE FILED WITHIN ONE YEAR AFTER SUCH DISPUTE AROSE. YOU AGREE THAT YOU MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

CHOICE OF LAW AND FORUM.

The Digital Services are controlled by Milly's from within the State of North Carolina, USA. By accessing or using the Digital Services or otherwise agreeing to these Terms and Conditions of Use, you agree that the laws of the State of North Carolina, USA govern all matters relating to this Agreement, and the use, or inability to use, the Digital Services, and that such laws will apply without regard to principles of conflict of laws. You agree to submit to the exclusive jurisdiction and venue of the State and Federal courts in North Carolina, USA.

MISCELLANEOUS TERMS.

This Agreement constitutes the entire agreement between you and Milly's with respect to the subject matter addressed herein, and governs your use of the Digital Services, superseding any prior agreements between you and Milly's relating to such subject matter. This Agreement may be supplemented by any other agreement you enter into with Milly's, including but not limited to pursuant to a registration to access certain features of the Digital Services. The failure of Milly's to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal effect. Milly's Digital Services are not intended for use by or availability to minors.

COPYRIGHT

All content included in or made available through any Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of the Milly’s Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Service is the exclusive property of the Company and protected by U.S. and international copyright laws.

All content appearing on this website is the property of Milly’s.

Copyright © 2024, Milly’s. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this website so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2024, Milly’s. All rights reserved.

MILLY'S DMCA POLICY.

In accordance with the Digital Millennium Copyright Act (“DMCA”), Milly's will respond expeditiously to claims of copyright infringement concerning the Digital Services.

Legal Notice

All notices from Milly’s to You may be posted on our website and will be deemed delivered within thirty (30) days after posting. Notices from You to Milly’s shall be made either by regular mail, sent to the address we provide on our website, or first-class mail to our address at:

Delivery shall be deemed to have been made by you to Milly’s five (5) business days after the date received.

Shipping and Delivery

At this time, Milly’s ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Milly’s ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this website pass to you when the merchandise is delivered to the shipping carrier.

International

Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.

Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Milly’s is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

Sales Tax

Milly’s charges sales tax for merchandise ordered on this website based on the applicable state sales tax rate and the location to which the order is being shipped.

Return Policy

You may purchase merchandise from this website by using any one of the payment options listed in (link to Payment Options). Milly’s reserves the right to change its payment procedures at any time without prior notice to you.

Miscellaneous

VOID WHERE PROHIBITED: Although the information on this website is accessible worldwide, not all products or services discussed in this website are available to all persons or in all geographic locations or jurisdictions. Milly’s and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this website is void where prohibited.

GOVERNING LAW:

In the event of litigation both parties agree that the Law of the State of business registration of Milly’s shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

MISCELLANEOUS:

The Terms and Conditions constitute the entire agreement between you and Milly’s with respect to this website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Milly’s with respect to this website. No modification of the Terms and Conditions shall be effective unless it is authorized by Milly’s. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.