Terms

Terms of Service

Effective Date: July 28, 2022

These Terms of Service (“Terms” or “Terms of Service”) contain the terms and conditions on which EAJD, Inc., a Delaware corporation d/b/a Shop Tulip and our affiliated entities (“Tulip,” “us,” “our,” or “we”) provide Content (defined below) to you on shoptulip.com (the “Website”) or through any other means or platform (the Website, together with the Content, the “Service”). Additionally, section 10 of these Terms of Service governs purchases of our products or services made through the Service or otherwise.

Please review these Terms of Service and our Privacy Policy carefully before using the Service or purchasing our goods or services. These Terms of Service constitute a binding agreement between you and us. By using or accessing the Service or purchasing our products or services, you acknowledge, agree, and certify that (1) you have reviewed these Terms and Service and our Privacy Policy; (2) you agree to be bound by all terms and conditions of these Terms of Service and our Privacy Policy; and (3) you will at all times strictly comply with all international, federal, state, territorial, provincial, or local treaties, laws, regulations, or orders (collectively, “applicable laws”) and that you understand that your access or use of the Service or purchase of our goods and services is expressly conditioned on your compliance with all such applicable laws; (4) you are at least 18 years old; and (5) you are a resident of the United States of America. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, PLEASE IMMEDIATELY LEAVE OUR WEBSITE, DISCONTINUE USE OF OUR SERVICE, AND DO NOT PURCHASE ANY OF OUR PRODUCTS OR SERVICES.

If you have any wish to contact us concerning these Terms of Service or any aspect of the Service, please contact us at:

EAJD Inc. d/b/a Tulip

11257 S. Glen Road

Potomac MD 20854

United States of America

hello@shoptulip.com

1. Disclaimers

For purposes of these Terms of Service, the term “Content” shall mean any product, service, image, photograph, video, file, .MP3, .GIF, information, or any other content in any other format, whether now existing or hereinafter developed, that is displayed, published, visible, linked from, referred to in, sold, offered, or transferred from, or otherwise posted on or through the Service or by us.

The Content is offered for informational purposes only. We shall not be held responsible or liable for the accuracy of any information transmitted or made available through the Content, nor responsible for any error or omissions in any of that Content. Your reliance on the Content or any information associated with the Content is at your own risk. Not all information in the Content or Service is suitable for everyone. You understand and agree that you are solely responsible for your use of the Service.

The Service is controlled and operated by us from our offices in the State of Maryland. Your use of or access to the Service outside of the State of Maryland should not be construed as our purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than the State of Maryland.

To the fullest extent permitted by applicable law, we disclaim, on behalf of ourselves and our affiliates, subsidiaries, parents, affiliates, licensors, managers, officers, members, partners, suppliers, employees, agents, and representatives any and all representations, warranties, and guarantees, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, completeness, informational content, error-free operation, appropriateness for use, compliance with applicable laws in your jurisdiction, or results to be obtained from use with respect to the Service. We make the Service available “as is”, without warranty of any kind. Some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusion may not apply to you.

Your access and use of the Service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for other reasons. You assume the risk of any and all damage or loss from use of, or inability to use or access the Service.

We have no control over, have no liability for, and make no endorsements of or concerning any third-party information, goods, services, products, websites, or other content or materials, even if they are linked to or from the Service or otherwise by us. We make no representations, warrantees, or guarantees about the accuracy, currency, content, or quality of the content and/or information provided by such third parties, and we assume no responsibility for third-party content. Any information or content on any third-party website or platform shall be governed by that party’s terms of use, which we encourage you to review.

2. Device Requirements

To access the Service on your computer or device, your computer or device must satisfy certain system and technical requirements and have Internet access. You are solely responsible for all charges associated with your device, including, without limitation, Internet access and data charges by your wireless carrier or any third party.

3. Electronic Notifications

By providing us with your email address, you give us permission to send you emails about our services, products, and other updates. You have the right to opt out of receiving future marketing, promotional, or emails from us at any time by following the instructions set forth in any such emails, including by clicking the “Unsubscribe” button included at the bottom of each email.

Even if you opt out of such communications, we may nevertheless transmit non-promotional communications to you, such as communications concerning our business relationship with you. We may not accommodate a request to change Personal Information if we believe that the requested change would violate any law or legal requirement or cause the information to be incorrect.

Our transmission to you of SMS, MMS, or other text messages will be governed by our Mobile Terms.

4. Intellectual Property Matters

Our Intellectual Property: All contents of the Service are Copyright © 2022 EAJD, Inc., a Delaware corporation d/b/a Shop Tulip. All rights are reserved.  All of our trademarks, logos, brand names, service marks, trade dress, trade names, copyrights, patents, domain names, trade secrets, text, graphics, images, music, software, audio, video, works of authorship of any kind, information or other materials that are posted, generated, provided or otherwise made available through or embedded in the Service, and all other proprietary rights (collectively, “Intellectual Property”) whether registered or not, are our property or are licensed to us. Tulip and its licensors exclusively own all right, title, and interest in and to the Service, including all Intellectual Property.

User Content: User content consists of any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Service that users (including you) provide to be made available through the Service (“User Content”). Tulip does not claim any ownership rights in any User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit your User Content. User Content shall not promote (i) any illegal or irresponsible use of narcotics or (ii) any illegal activity, or advocate, promote or assist any unlawful act.

Limited License Granted by Tulip: We grant you a revocable limited, personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, and non-exclusive license to use the Service, access and download the Content, and use the software embedded into the Service only as authorized by these Terms of Service.  We do not grant you, and nothing on the Service should be understood as granting you a license to use, copy, modify, reproduce, publicly perform or display, use, or otherwise exploit for commercial purposes any part of the Service or Intellectual Property. You must obtain our prior and express written permission to modify, create derivative works of, copy, edit, sell, lease, transmit, display, publish, or post any part of the Service or Intellectual Property.

Limited License Granted by You: By making any User Content available through the Service you hereby grant to Tulip an irrevocable, non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Service to you and to other users.

Access to External Resources: The Service may contain links to or provide access to third-party applications, websites, goods, services, information, or other content. We have no control over third-party resources and are not responsible for their content or availability.

5. Digital Millennium Copyright Act Notice

If you have evidence, know, or have a good-faith belief that your rights or the rights of a third-party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information at the contact information listed above:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
5. 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; and
6. 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.

6. Prohibited Conduct

You agree not to do any of the following:

1. Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, proprietary rights, confidentiality rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law; (c) is fraudulent, false, misleading, untrue, or deceptive; (d) is defamatory, threatening, harassing, vulgar, obscene, or offensive; (e) promotes violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; or (f) promotes illegal or harmful activities or substances;
2. Use, display, or publish the Service, or any individual element within the Service; the Tulip name, Intellectual Property, or other proprietary information; without Tulip’s express written consent;
3. Access, tamper with, or use non-public areas of the Service, Tulip’s computer systems, or the technical delivery systems of Tulip’s providers;
4. Attempt to probe, scan, or test the vulnerability of any Tulip system or network or breach any of the security or authentication measures that we use or that are used by Apple or Google for access to our Service;
5. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Tulip or any of Tulip’s providers or any other third party (including another user) to protect the Service;
6. Attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Tulip or other generally available third-party web browsers;
7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
8. Use any meta tags or other hidden text or metadata utilizing a Tulip trademark, logo URL or product name without Tulip’s express written consent;
9. Use the Service for any commercial purpose or the benefit of any third-party or in any manner not permitted by these Terms of Service;
10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
11. Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the software, including, without limitation, the source or object code, used by us in providing the Service;
12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, malware, crashing, overloading, flooding, spamming, or mail-bombing the Service;
13. Collect or store any personally identifiable information, personal data, personal information, or other sensitive information from the Service or from other users of the Service without their express consent;
14. Impersonate or misrepresent your affiliation with any person or entity;
15. Promote any illegal or irresponsible use of narcotics;
16. Promote any illegal activity, or advocate, promote or assist any unlawful act; or
17. Encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or use of the Service or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms of Service, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms of Service. We have the right to investigate violations of these Terms of Service or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate applicable laws.

7. Dispute Resolution

By employing the Service, we do not consent to jurisdiction, venue, or choice of law in or of any jurisdiction. Any dispute with respect to or arising from or relating in any way to the Service shall be governed solely and exclusively by the laws of the State of Delaware without regard to its laws relating to choice of laws, and the forum to resolve any such dispute or disagreement shall be a court located solely and exclusively within the City of Wilmington, State of Delaware, United States of America, and no other forum whatsoever.

8. Indemnification

By using the Service or purchasing any product or service on the Service, you agree to indemnify, defend, and hold harmless EAJD, Inc., a Delaware corporation d/b/a Shop Tulip and its employees, agents, contractors, contributors, affiliates, members, managers, officers, directors, shareholders, attorneys, advisors, and representatives (“Indemnified Parties”) from and against any and all losses, damages, liabilities, deficiencies, claims, allegations, causes of action, actions, judgments, assessments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, whether direct, contingent, or consequential and no matter how arising, whether or not meritorious, incurred by an Indemnified Party or awarded against an Indemnified Parties (collectively, “Losses”), arising out of or resulting from any claim of a third party arising from or relating to any acts or omissions you commit, including but not limited to, your violation of any applicable law; your violation of these Terms; any act or omission of yours while using the Service; or any act or omission of any third party whom you allow to access your account or the Service on your behalf.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER EAJD, INC., A DELAWARE CORPORATION D/B/A SHOP TULIP NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (“LIMITED PERSONS”), ARE OR WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOST REVENUES OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY REASON. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ALL LIMITED PERSONS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN STRICT LIABILITY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO EAJD, INC., A DELAWARE CORPORATION D/B/A SHOP TULIP IN THE PRECEDING TWELVE (12) MONTHS, IF ANY. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THIS LIMIT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Terms and Conditions of Purchases

This Section 10 of these Terms of Service govern all of your purchases of our products or services through the Service or otherwise.

Products: We currently only sell products in the continental United States and not in any U.S. territories or APO/FPO. The products listed on the Website are intended solely for your personal, non-commercial lawful use in your jurisdiction. You may not produce, duplicate, copy, sell, resell or use the products for any commercial purpose. We make no guarantee as to the lawfulness of any product offered on the Website in your jurisdiction. You are obligated to ensure that the products listed on the Website are lawful in your jurisdiction and you are not authorized to use the Products in any manner that violates any applicable laws. You may not use any product in any manner that is illegal or improper, including, without limitation (i) for any purpose, activity or in any manner that is criminal, illegal or actionable; or (ii) in violation of any local, state, federal or international ordinances, laws, regulations, or conventions.  You also agree that you will not use any product for any purposes prohibited by United States law, including, without limitation, the manufacture, production, or consumption of narcotics. We reserve the right to not ship products to certain jurisdictions.

Product Availability: We may set limits on the number of products that you may purchase on the Website. These limits may be based on factors such as product availability. If we determine after you make a purchase that some or all of the products you have ordered are not available, we will either refund the entire purchase or the portion of the purchase that is no longer in stock.

Payment Methods: We accept the following methods of payment for purchases made through our Website: Credit Card (Mastercard, Visa, American Express), Google Pay, Apple Pay, Paypal and Shop Pay. As set forth in our Privacy Policy, we use Shopify Payments as our payment processor. All listed purchase prices are in United States dollars, and we do not accept foreign currencies or cryptocurrencies.

Order Confirmation: After you make a purchase on the Website, we will present you with a confirmation page and/or send you a confirmation email with an order reference number. You are obligated to confirm that an order was placed. If you do not receive a confirmation page or email, please contact us immediately.

Order Processing: Pre-ordered products are estimated to be processed for delivery in fall 2022. Standard orders (estimated to begin in or after fall 2022) are expected to be processed within two (2) business days after an order is submitted if an order is submitted prior to 8:00 am, otherwise we expect to process orders within three (3) business days.

PLEASE BE ADVISED THAT PROCESSING TIMES ARE ESTIMATED AND NOT GUARANTEED OR PROMISED, AND MAY BE LONGER THAT ESTIMATED.

Shipping Information: We only ship products to the continental United States. Currently, we do not ship to U.S. Territories or APO/FPO. We will offer UPS ground and UPS two-day shipping options. Product purchase prices exclude shipping and handling fees, for which you are responsible and which are non-refundable. We make no promise or guaranty concerning UPS or any other carrier’s delivery time, and to the maximum extent permitted by applicable law, are not responsible for any delays or other loss or damage to a product caused by UPS or another carrier.

Fees: Products purchased on the Website are subject to all relevant taxes, shipping fees, duties, and other related fees or charges, whether imposed by a shipping company, government agency, or otherwise, each as applicable.

Transfers: Our products are intended for use by you and are not intended for resale to third parties. If you resell our products, you do so at your own risk.

Returns: You may return unopened products in their original packaging and shipping materials within 30 days from the date which your order was shipped. Only qualified, unopened, unused items that are in the original packaging and shipping materials may be returned, except for damaged or defective products which we may accept after opening. All return orders will incur a $10 flat return shipping and handling fee, which will be deducted from the amount we refund to you. When you initiate a refund, we will send you a shipping label, packaging slip listing the items you are returning, as well as an estimate of your refund amount (less the $10 flat return shipping and handling fee). If you do not both put the packaging slip in the return package and use the return shipping label on the return package, we may not be able to process your return. After we receive your return, we will ensure that the return is in a qualifying condition. If the product(s) do not qualify for a return, we may not issue a refund. We will generally process refunds within 7-10 business days after we receive your return item. PLEASE BE ADVISED that processing times are estimated and not guaranteed and may be longer that estimated. If we issue a refund, it will generally be issued to the original form of payment used on the purchase.

Exchanges: We reserve the right to process exchanges in our sole discretion. If you would like to exchange an item, please contact us using the contact information listed above. Please note that we will not consider an exchange of a product unless the product meets all conditions set forth for a refund of the same product and is shipped to us in the same manner described above or in any instructions we provide after agreeing to an exchange.

12. Miscellaneous

If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Policy and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and us relating to the subject matter of these Terms of Service and supersedes any and all prior or contemporaneous written, oral, or implied agreements or understandings between us with respect to such subject matter, except with respect to our Privacy Policy and other independent terms. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All correspondence relating to these Terms must be written in English.

12. Revisions or Modifications of these Terms Of Service

We reserve the right change, add, modify, or remove portions of these Terms of Service at any time, which shall become effective as of the effective date at the top of this page. You are responsible for reviewing these Terms of Service prior to each use of the Website. By continuing to use the Website, you agree to any modifications.