These Website Terms and Conditions ("Terms") govern your use of Penny and Lee ("Website"), owned and operated by I Heart Bestie, Inc. DBA Penny & Lee (“Penny and Lee”), located in 2530 Berryessa Rd. #512, San Jose, CA 95132-2903, United States. You can contact us by emailing info@pennyandlee.com. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Website.

1. Acceptable Use

By accessing or using our Website, you agree to the following conditions:

1.1 Eligibility: You must be at least 18 years old to use this Website. By using the Website, you represent and warrant that you are of legal age to enter into a binding agreement.

1.2 Acceptable Use: You agree not to use the Website for any unlawful or unauthorized purpose. This includes, but is not limited to, refraining from engaging in any activity that violates applicable laws, regulations, or the rights of others.

1.3 Compliance with Laws: When using the Website, you agree to comply with all local, state, national, and international laws and regulations that may apply to your use of our services.

1.4 Account Responsibility: If you create an account on our Website, you are solely responsible for maintaining the confidentiality of your account information and for any activities conducted through your account.

1.5 Parental Consent: If you are under the age of 18 but over the age of 13, you may use the Website only with the involvement and consent of a parent or legal guardian. By using the Website, you acknowledge that your parent or legal guardian has read and agreed to these Terms on your behalf.

1.6 Accuracy of Information: You agree to provide accurate and complete information when registering an account or making a purchase on our Website. You also agree to keep your account information up-to-date.

1.7 Prohibited Conduct: In connection with your use of the Website, you expressly agree not to:

• Use the Website in any manner that could disable, overburden, or impair the functionality or security of the Website or interfere with other users' use of the Website.
• Use any automated means or software to access, collect, or harvest information from the Website for any purpose without our express written permission.
• Transmit or upload any material that is malicious, harmful, offensive, or violates any applicable laws or regulations.
• Engage in any fraudulent or deceptive activities, including but not limited to identity theft, credit card fraud, or any attempt to deceive other users or the website owner.
• Infringe upon the intellectual property rights of others, including copyrights, trademarks, patents, or trade secrets. This includes using or distributing content without proper authorization.
• Attempt to hack, disrupt, or gain unauthorized access to the Website, its servers, or any other connected systems, or introducing malware, viruses, or any other harmful code.
• Use the Website or its contents for commercial purposes, including reselling products, without obtaining explicit written consent from the website owner.
• Post, transmit, or distribute content that is harassing, defamatory, libelous, hateful, racist, or otherwise offensive to individuals or groups.
• Send unsolicited communications, such as spam or marketing messages, to other users or third parties through the Website.
• Provide false or misleading information about yourself or any products offered on the Website.
• Attempt to manipulate or falsify reviews, ratings, or feedback about products or sellers on the Website.
• Collect or share personally identifiable information of other users without their consent or in violation of applicable privacy laws.
• Engage in bulk data collection, scraping, or mining of information from the Website without express permission from the website owner.
• Take actions that may adversely affect the performance, stability, or security of the Website or its hosting infrastructure.
• Link to websites that contain malware, explicit adult content, or illegal material.
• Attempt to access or use accounts of other users without their permission.

If you become aware of any violation of these Terms or suspect unauthorized use of the Website, please notify us immediately through the contact information provided on the Website.

We reserve the right to suspend or terminate your access to the Website, in whole or in part, if we reasonably believe that you have violated these Terms or engaged in any activity that may harm the Website or its users.

2. Intellectual Property

2.1 Ownership of Content: The Website and all its contents, including, but not limited to, text, images, logos, graphics, videos, and software, are the exclusive property of Penny and Lee or its licensors. All such content is protected by copyright, trademark, and other applicable intellectual property laws.

2.2 Prohibited Use: Without obtaining prior written consent from Penny and Lee, you are expressly prohibited from engaging in the following activities:

• Copying: You may not copy or reproduce any part of the Website or its content in any form or medium, whether electronic or physical.
• Modification: You may not modify, alter, or adapt any content on the Website, including text, images, logos, graphics, videos, or software.
• Distribution: You may not distribute, transmit, display, or make available any content from the Website to the public or third parties without explicit written permission.
• Creation of Derivative Works: You may not create derivative works or products based on any part of the Website, including content or design elements, without prior written consent.

2.3 Limited Exceptions: Penny and Lee may grant limited, non-exclusive, and revocable permission for specific uses of the Website's content, subject to the terms specified in a separate written agreement. Any granted permissions shall not be considered a waiver of our rights, and they may be terminated at our discretion.

2.4 Compliance with Copyright Notice: You must not remove or alter any copyright, trademark, or proprietary notices from any part of the Website or its content.

2.5 User-Generated Content: Any content submitted or uploaded by users on the Website, including reviews, comments, or feedback, may become the property of Penny and Lee under applicable laws and terms of use. By submitting such content, you grant Penny and Lee a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works based on such content.

2.6 Reporting Infringement: Penny and Lee respects the intellectual property rights of others. If you believe that any content on the Website infringes your copyright or other intellectual property rights, please notify us promptly through the contact information provided on the Website.

2.7 Fair Use: Nothing in these Terms shall limit any rights you may have under the fair use doctrine or other applicable copyright exceptions or limitations.

3. Product Information and Pricing

3.1 Product Information Disclaimer: While we make every effort to ensure the accuracy of product information and pricing on the Website, we provide it on an "as-is" basis. We do not guarantee the accuracy, completeness, or reliability of any content on the Website, including product descriptions, specifications, images, and pricing.

3.2 Price Change Notice: The prices of products displayed on the Website are subject to change without prior notice. Such changes may occur due to market conditions, supplier adjustments, currency fluctuations, or other factors beyond our control.

3.3 Order Acceptance and Pricing Errors: Despite our best efforts, occasional pricing errors or inaccuracies may occur on the Website. We reserve the right to refuse or cancel any orders placed for products listed at an incorrect price, whether or not the order has been confirmed and payment has been processed.

3.4 Order Refusal and Modification: We reserve the right to refuse or limit the quantities of any products offered on the Website. We may also modify, update, or discontinue any product without prior notice.

3.5 Product Availability: All products displayed on the Website are subject to availability. We cannot guarantee the availability of any specific product at all times. In the event that a product becomes unavailable after an order is placed, we will notify you and offer possible alternatives or issue a refund for the unavailable item.

3.6 Product Descriptions: While we strive to provide accurate and detailed product descriptions, the actual product you receive may vary slightly from the images or descriptions on the Website. Variations may be due to changes in product packaging, design updates, or improvements made by the manufacturer.

3.7 User-Generated Content: User-submitted content, such as product reviews or comments, is the opinion of the respective users and not that of Penny and Lee. We do not endorse or guarantee the accuracy of user-generated content and are not liable for any claims, damages, or losses arising from such content.

3.8 Product Use and Safety: Any product information provided on the Website, including usage guidelines or safety precautions, should be followed strictly. Penny and Lee is not responsible for any damages or injuries resulting from the misuse or improper handling of products purchased through the Website.

4. Orders and Payment

4.1 Order Information Accuracy: By placing an order on our Website, you agree to provide accurate, current, and complete information required for the purchase process. This includes, but is not limited to, your name, shipping address, billing information, and contact details. You are solely responsible for ensuring the accuracy of the information provided.

4.2 Payment Methods: We offer various payment methods to facilitate a seamless checkout process. The available payment options will be displayed during the checkout process. By selecting a payment method, you confirm that you are authorized to use it and that all payment information provided is accurate and valid.

4.3 Order Acceptance and Cancellation: After you place an order, we will send you an order confirmation via email. This confirmation does not signify acceptance of your order; it only acknowledges that we have received your request. We reserve the right to accept, refuse, or cancel any orders at our discretion.

4.4 Order Changes and Modifications: Once an order is submitted, changes or modifications may not be possible. If you need to modify an order or have any concerns, please contact our customer support team promptly, and we will do our best to assist you.

5. Limitation of Liability & Indemnification

5.1 Disclaimer of Damages: To the extent permitted by applicable law, Penny and Lee disclaims all liability for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Website or any products purchased through the Website.

5.2 No Warranty: The Website and its content are provided on an "as-is" and "as available" basis without any warranties of any kind, whether express or implied. Penny and Lee does not warrant the accuracy, completeness, reliability, or availability of the Website or its content.

5.3 Third-Party Services: Penny and Lee is not responsible for any content, products, or services offered by third-party websites or vendors linked to or from the Website. Your interactions with such third parties are solely between you and the third party, and Penny and Lee shall not be liable for any damages or losses arising from those interactions.

5.4 Indemnification: You agree to indemnify and hold harmless Penny and Lee, its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Website, your violation of these Terms, or your infringement of any rights of a third party.

5.5 Force Majeure: Penny and Lee shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, natural disasters, labor disputes, or governmental restrictions.

5.6 Legal Jurisdictions: Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you. In such cases, Penny and Lee's liability will be limited to the fullest extent permitted by applicable law.

5.7 Total Liability: In no event shall Penny and Lee's total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the Website or purchasing products through the Website during the six (6) months preceding the claim.

6. Risk and Title

6.1 Risk Transfer Upon Delivery: The risk of damage to or loss of any product you purchase through the Website will be transferred to you upon the completion of the delivery process. Once the product is delivered to the shipping address you provided during the checkout process, you assume responsibility for its condition and safety.

6.2 Ownership Retention: Ownership of the product will not be transferred to you until we have received full payment for the purchased items, including any applicable taxes, shipping charges, or other fees. Until such payment is received in full, Penny and Lee retains legal ownership of the products.

6.3 Product Care and Responsibility: Once ownership is transferred to you, you are responsible for the proper care, use, and maintenance of the product. Penny and Lee shall not be liable for any damages or losses resulting from improper handling or use of the product.

7. Privacy Policy

Penny and Lee is committed to protecting your privacy and ensuring the security of your personal information. Our Privacy Policy outlines how we collect, use, disclose, and protect the information you provide to us when using our Website. By accessing or using the Website, you consent to the practices described in the Privacy Policy. Please refer to our Privacy Policy for more information.

8. General

8.1 Modification of Terms: Penny and Lee reserves the right to update or modify these Terms at any time without prior notice. Changes to the Terms will be effective immediately upon posting on the Website. It is your responsibility to review these Terms periodically to stay informed of any updates or modifications. Your continued use of the Website after the posting of changes constitutes acceptance of the revised Terms.

8.2 Governing Law: These Terms and any disputes arising from or related to the use of the Website shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles. Any legal action or proceeding related to these Terms or the Website shall be brought exclusively in the state or federal courts located in California.

8.3 Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. The unenforceable provision shall be replaced by a valid and enforceable provision that most closely aligns with the original intent of the invalid provision.

8.4 Entire Agreement: These Terms, along with any separate agreements or policies incorporated herein by reference, constitute the entire agreement between you and Penny and Lee concerning the use of the Website, supersedes all prior or contemporaneous communications, understandings, or agreements, whether written or oral.

8.5 Waiver: The failure of Penny and Lee to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if it is in writing and signed by Penny and Lee.

8.6 Contact Information: For any questions, concerns, or inquiries regarding these Terms, you may contact Penny and Lee using the contact information provided on the Website.