Terms of service

Overview

This website is operated by Lilly and Skye, LLC – Tradename: Alder and Alouette. Throughout the site, the terms “we”, “us” and “our” refer to Lilly & Skye, LLC – Tradename Alder and Alouette. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By placing an order through this site, you agree to abide by these Terms of Service, as well as our Privacy Policy, Shipping Policy,  Returns, Refunds and Order Cancellation Policy, and Website Disclaimer.

Agreement to Terms

Please read these Terms of Service carefully before accessing or using our website.

By accessing or using any part of this Site or Services, you agree to be bound by these Terms of Service, as well as our Privacy Policy, Shipping Policy,  Returns, Refunds and Order Cancellation Policy, and Website Disclaimer.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink on our website. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, vendors, merchants, and/or contributors of content.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Changes to Terms

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Any new features or tools added to the current store shall also be subject to these Terms of Service.

You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check our website periodically for changes.

By continuing to access or use our website and services after any changes are posted, you agree to be bound by the revised Terms of Service. If you do not agree to the new terms, you must stop using the website and services immediately.

User Eligibility and Prohibited Uses

By accessing or using this site, you represent and warrant that you are at least the age of majority in your state or province of residence and legally able to enter into binding contracts. If you are under the age of majority, you may use this site only with the involvement and supervision of a parent or legal guardian.

You are prohibited from using this site or its content for any unlawful or unauthorized purpose, including but not limited to:

  • Soliciting others to perform unlawful acts
  • Violating any applicable laws or regulations, including copyright laws
  • Infringing upon intellectual property rights
  • Harassing, abusing, insulting, or discriminating against others
  • Submitting false or misleading information
  • Uploading viruses, malware, or destructive code
  • Collecting or tracking others’ personal information without consent
  • Spamming, phishing, unauthorized scraping, crawling, or automated data collection that interferes with the operation or security of the website
  • Using the site for obscene, immoral, or harmful purposes
  • Interfering with or circumventing security features
  • Engaging in commercial activities not expressly authorized by us, including reproducing, duplicating, copying, selling, reselling, or exploiting any part of the site, its content, products, or services

Any breach or violation of these Terms will result in immediate termination of your access to the site and services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, post, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website, including its email, text, phone, voicemail, or chat or any other way through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

E-Commerce Platform

Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site or through links on this site to other sites is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Third-Party Discovery and Artificial Intelligence Tools

Our products, descriptions, images, and other publicly available store information may be indexed, summarized, or displayed by third-party services such as search engines, shopping comparison tools, artificial intelligence systems, and automated discovery platforms.

While we strive to maintain accurate and current information on our own website, we do not control how third-party platforms interpret, summarize, display, or distribute our content. Information presented on such platforms may differ from the content displayed on our website.

Customers should always refer to the product information presented directly on our website before making purchasing decisions.

Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right to limit quantities, correct errors or omissions and modify or end promotions at any time.

We reserve the right to cancel and refund an order that had an error in price or shipping charges.

Promotions and discounts do not apply to purchasing gift cards or any other items listed as exempt.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service. 

Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit quantities of any products or services that we offer.

We reserve the right to limit quantities, correct errors or omissions, and modify or end promotions at any time. All descriptions of products or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Product descriptions, images, pricing, availability, and policy information on this Site may be updated from time to time as products evolve, suppliers update specifications, or corrections are made.

Product Use and Supervision

Products sold by Alder & Alouette are intended for their stated craft, educational, or household purposes. They are not food products and are not intended for ingestion. Many products sold through our store are art, craft, or educational materials that should be used with appropriate care and supervision, particularly when used by children.

Customers are responsible for determining the suitability of products for their intended use and for providing appropriate adult supervision when children are using craft or educational materials.

Customer Conduct Policy

At Alder and Alouette, we strive to provide a welcoming, respectful, and positive experience for all customers and our team members. We ask that everyone who interacts with us does so courteously and in good faith.

Unacceptable conduct includes, but is not limited to:

  • Harassment, threats, abusive, or disrespectful language in any format (in person, text, phone call, or email) toward our staff or representatives
  • Excessive or unreasonable demands, including those that violate our policies or disrupt our operations
  • Attempts to deceive, defraud, or manipulate our services, products, or policies
  • Violation of any other Alder and Alouette policies, including but not limited to providing false or misleading contact or payment information, misuse of the website, or unauthorized use of accounts

We reserve the right, at our sole discretion, to refuse service, cancel orders, or block access to our website or store for any customer whose behavior we deem unacceptable or harmful to our business, staff, or community. This policy exists to protect everyone’s experience and maintain the integrity of our small business.

Order Acceptance, Accuracy of Information, and Right to Refuse Service

We reserve the right, at our sole discretion, to accept, decline, limit, or cancel any order you place with us for reasons including, but not limited to:

  • Orders appearing to be placed by resellers, distributors, or competitors without prior authorization
  • Orders placed using false, incomplete, or misleading information, including name, address, email, or phone number
  • Orders using the same account, credit card, billing, or shipping address that exceed quantity limits or violate promotion terms
  • Orders raising concerns for fraud, misuse, or abuse of our services
  • Orders from customers whose prior conduct has violated our policies, resulted in unreasonable demands or disputes, or otherwise created an undue burden on our business operations
  • Any order that violates our policies or applicable laws

We further reserve the right to refuse service to any person or entity for any reason not prohibited by law.

If we make a change to your order or cancel an order you placed, we will attempt to notify you using the contact information provided at the time of order, including automated emails or SMS text messages as applicable. Any applicable refund will be processed according to our Returns, Refunds and Cancellations Policy.

You agree to provide current, complete, and accurate purchase and account information for all orders, newsletter or email sign-ups, and other site interactions. You also agree to promptly update your account, email, shipping, and billing information (including credit card numbers and expiration dates) so we can complete your transactions and contact you as needed.

For additional details, please review our Returns, Refunds and Cancellations Policy.

Shipping and Address Verification 

Some orders may ship in multiple packages or on different days depending on inventory availability, packaging requirements, or order size.

We ship orders according to the shipping information provided at checkout. Please ensure all address details are complete and accurate.

Occasionally, USPS or UPS alerts us that they do not recognize the address you provided at checkout. In these cases, we will reach out to you via the contact information you provided to confirm or correct your address before shipping.

If you confirm an address that is unrecognized by USPS or UPS

  • Shipping will be at your own risk.
  • We are not responsible for packages delayed, lost, or returned due to incorrect or unverified addresses provided by the customer.

If a package is returned to us due to an incorrect or unrecognized address entered at checkout

  • You will be responsible for the cost of purchasing a new shipping label to resend it to the correct address. 
  • We will contact you with details if this occurs. If we do not hear back from you within 3 business days of reaching out for receiving a return to sender package due to address issues, we will refund the items in your order. Original shipping will not be refundable. 

For more detailed shipping terms, including processing times, estimated delivery disclaimers, carrier insurance limits, carrier responsibilities, and Route Package Protection, please review our Shipping Policy.

Automated Purchasing Tools and AI Assistants

Our website and products may be accessed through automated services, digital shopping assistants, or AI-powered tools operated by third parties. These tools may collect product information, summarize listings, compare products, or initiate purchases on behalf of users.

Alder & Alouette does not control or manage these third-party tools and cannot guarantee the accuracy, completeness, or interpretation of information they display outside of our website.

Customers remain responsible for reviewing product descriptions, pricing, shipping timelines, and applicable store policies directly on our website before completing a purchase.

Orders placed through automated systems or third-party purchasing tools remain subject to all Alder & Alouette store policies, including our Terms of Service, Privacy Policy, Shipping Policy, Returns, Refunds and Cancellations Policy, and Website Disclaimer.

Carrier Delays and Responsibilities

Once your order has been fulfilled and transferred to our shipping hub, USPS, UPS, or any third-party carrier, delivery becomes the responsibility of the carrier. Estimated delivery dates provided at checkout, on shipping labels, or by the carrier are not guarantees. Actual delivery times may vary due to carrier delays, misrouting, weather, operational issues, holidays, or other circumstances beyond our control.

We are not liable for delays, misrouting, lost packages, or other delivery issues caused by USPS, UPS, or any third-party carrier. No refunds will be issued for delayed delivery due to carrier error or unforeseen circumstances, including but not limited to weather events, natural disasters, pandemics, labor strikes, carrier disruptions, or governmental actions. For more detailed shipping terms, including processing times, estimated delivery disclaimers, force majeure, and carrier responsibilities, please review our Shipping Policy. 

Order Tracking and Third-Party Tracking Apps

Our store may provide tracking updates through third-party services such as Shop Pay, Shop App, Route Package Protection, or carrier tracking systems. These tools are provided for customer convenience but are operated by independent companies and may not always synchronize perfectly with our store’s internal fulfillment system.

In some cases—such as split shipments, multi-package orders, or staggered fulfillment—third-party tracking tools may display a shipment as “complete” even though additional items from the same order are still being prepared or shipped separately.

For the most accurate and up-to-date information regarding your order status, please refer to the order details available in your Alder & Alouette customer account.

If you ever have questions about your order status, please contact us and we will be happy to assist.

Additional Information about Shipping Insurance Options

All USPS and UPS shipping options offered through our store include limited carrier coverage for loss or damage during transit only. Coverage amounts vary:

  • USPS Ground Advantage and UPS Ground: Typically include up to $100 in coverage for loss or damage during transit
  • UPS GroundSaver (SurePost): Includes up to $20 in coverage for loss or damage during transit

Please note: carrier coverage does not apply to loss, theft, or damage occurring after a package is marked as delivered. 

For additional protection, we offer Route Package Protection at checkout. Route is an optional third-party service that provides coverage against loss, theft, or damage for the full order value. Route handles claims directly and, if approved, will reimburse or replace your order according to their policy terms.

School, Organization, and Purchase Order Shipments

It's recommended for school, organization, and purchase order purchasers to contact us in advance before checkout with a list of items for purchase using sku numbers. Shipping charges for these items are calculated separately from our checkout estimates and do not use Route Package Protection.

These shipment quotes include package protection arranged by Alder & Alouette as part of the total shipping quote. Coverage applies to loss, damage, and theft during transit and shortly after delivery, according to the package protection provider’s terms and timelines.

Shipping charges for school, organization, and purchase order shipments are calculated separately based on the completed order’s package weight, box dimensions, order value, and destination and will be included with the quote. 

If Route Package Protection is not selected

Your order will follow standard carrier processes and timelines in the event of loss or delay.

  • Carrier coverage is limited (typically up to $100 for USPS Ground Advantage and UPS Ground) and applies only during transit
  • If a package appears lost in transit (no delivery scan and tracking stops moving), we will work with the carrier to investigate and file a claim as needed
  • Once a shipment is confirmed lost after the carrier’s investigation process, we will move forward with a replacement or refund based on item availability and applicable coverage
  • Carrier investigations and claim determinations are handled according to the carrier’s policies and timelines.

Please note:

  • Once a package is marked “delivered” by the carrier, USPS, UPS, and Alder & Alouette are not responsible for loss or theft
  • Carrier delivery confirmation is considered proof of delivery
  • Customers are encouraged to check with neighbors, household members, or the carrier if a package cannot be located after delivery

If Route Package Protection is selected

  • Route is responsible for handling claims and providing reimbursement or replacement, subject to their approval and policies
  • Claims can be filed directly through the Route portal or the link sent to you in your shipping email

For full details on Route coverage, eligibility timeframes, and claim filing requirements, visit route.com/help-center.

Regardless of which insurance options are selected during checkout, it is the customer’s responsibility to ensure a secure delivery location.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Please see the Privacy Policy link at the bottom of our homepage for details.

Payments Processing

All payments made through our Site are processed securely by trusted third-party payment providers. This includes, but is not limited to, Shopify Payments, Shop Pay, PayPal, Afterpay, and Route (for shipping insurance).

When you make a purchase, your payment information is provided directly to these payment processors, each with its own privacy policy and data security measures. We do not store your full credit card or payment details ourselves.

Any refunds or cancellations processed by us will be issued to your payment provider immediately upon approval, but the time it takes to appear in your account will vary depending on their policies.

We are not liable for errors, delays, holds, or declined payments imposed by these payment processors or your bank. Please review their terms and privacy policies for additional information.

Unauthorized Discount Codes

No websites other than Alder & Alouette are authorized to use or distribute our discount codes, logos, names, or any likeness of our brand. Discount websites often list expired or fake codes without permission. These are not issued or endorsed by us, and we are not responsible for their validity or usability.

For genuine and current discount codes, please refer only to our official website, email newsletters, or printed materials included with your orders.

Returns, Refunds, and Cancellations

We want you to be happy with your purchase. For details on how to return items, request refunds, or cancel orders, please refer to our Returns, Refunds & Order Cancellations Policy, which is hereby incorporated into these Terms of Service by reference.

All purchases made through our website are subject to the conditions outlined in that policy. We encourage you to read it carefully before placing an order.

Please note that not all items are eligible for return—including certain seasonal, discounted, consumable, musical, or high-value items. For a complete list of exclusions and conditions, please see our Returns Policy.

Electronic Communications Consent

By creating an account, placing an order, or subscribing on our website, you consent to receive electronic communications from Alder & Alouette. These may include order confirmations, shipping updates, payment receipts, abandoned checkout reminders, review requests, newsletters, promotions, and other service-related or marketing messages sent via email, SMS/text message, or similar channels.

We may send these communications directly or through third-party marketing and automation service providers (such as Omnisend, Shopify Email, or Yotpo). By consenting, you agree that your personal information may be shared with these providers solely for the purpose of delivering communications in accordance with this Privacy Policy.

Consent to receive marketing messages is not a condition of purchase. You may opt out of marketing communications at any time—by replying STOP to SMS/text messages or by following the unsubscribe link in email messages. Opting out of marketing does not affect your receipt of essential transactional communications (such as order confirmations or shipping updates).

We respect your privacy and handle your personal information in accordance with our Privacy Policy.

SMS Marketing

By consenting to Alder and Alouette’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list.

Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provide within any of our messages.

You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at info@alderandalouette.com or by using our Contact Us page for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions.

You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

User Comments, Feedback, and Other Submissions

If you send specific submissions (e.g., contest entries, product reviews, testimonials) or creative ideas, suggestions, proposals, plans, photos, videos, or other materials (“comments”), whether via social media, email, mail, text, or otherwise, you agree we may use them without restriction.

We may, but are not obligated to, monitor, edit, or remove comments we deem unlawful, offensive, or objectionable.

You agree your comments will not violate any third-party rights or contain unlawful, abusive, or malicious content.

You may not impersonate others or use false email addresses.

You are solely responsible for your comments’ accuracy and content.

We disclaim all liability for comments posted by you or others.

Errors, Inaccuracies, and Omissions

Occasionally, information on our site or service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, customs fees, transit times, and availability.

We reserve the right to correct errors, change or update information, or cancel orders if any information is found to be inaccurate at any time without prior notice (even after order submission).

Except as required by law, we have no obligation to update, amend, or clarify information on our site or services. Any specified update or refresh date should not be interpreted as a guarantee that all information has been reviewed or updated.

Intellectual Property Rights of Alder and Alouette

All content on this website and our related social media pages, including but not limited to brand graphics, logos, slogans, photographs, images, product designs, names, domains, landing pages, collection and product descriptions (including titles and headers), text, media, advertisements, discount codes, emails, newsletters, blogs, icons, and any other written or visual material, is the intellectual property of Lilly and Skye, LLC, tradename Alder and Alouette.

These materials are protected by the Copyright Law of the United States (Title 17) and applicable international copyright laws, as well as trademark and other intellectual property laws. Unauthorized use, reproduction, copying, modification, distribution, transmission, republication, display, or performance of this content, in whole or in part, is strictly prohibited without our express, specific written consent signed by the owner of the company.

This prohibition includes, but is not limited to, any use that is false, misleading, or may cause confusion about our brand, products, company name, or tradenames, such as Alder and Alouette and Lilly and Skye. We reserve all rights to enforce our intellectual property to the fullest extent of the law.

Tools

We may provide you access to third-party tools over which we neither monitor nor have control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure you understand and approve of the terms on which such tools are provided by the third-party providers.

In the future, we may offer new services and/or features through the website (including new tools and resources). Such features or services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, products, and services available via our service may include materials from third parties.

Third-party links on this site may direct you to websites not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, nor do we warrant or accept liability for any third-party products, services, or content.

The respective providers or operators of linked pages are responsible for their own content.

We check linked pages for legal infringements at the time of linking, but we do not monitor or check accuracy, validity, reliability, or completeness afterward.

We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of information offered by third-party websites linked through our site.

We will not be responsible for monitoring any transactions between you and third-party providers.

We are not liable for harm or damages related to the purchase or use of goods, services, or content from third-party websites.

Please review the third party’s policies and practices carefully before engaging in transactions or interactions.

Complaints or questions regarding third-party products should be directed to the third party.

Third-Party Services

We may use third-party service providers to help operate our store, process payments, deliver communications, collect reviews, or provide other business functions. By using our site, you acknowledge that your interactions with these services (including, for example, email and SMS marketing platforms, review tools, fraud prevention services, and shipping protection providers) may also be subject to their respective terms and privacy policies. We are not responsible for the practices of these third parties, and we encourage you to review their policies to understand how your information is handled.

Affiliates Disclaimer

The Site and our mobile application may contain links to affiliate websites.

We may receive an affiliate commission for any purchases made by you on those affiliate websites via our links.

Our current affiliates include:

  • BOOKSHOP.ORG
  • RENEWAL OF LITERACY ON TEACHABLE.COM

Our affiliate links may change without prior notice.

Professional Disclaimer

The child development and educational information on the Site is provided for general informational, entertainment, and/or educational purposes only. While the owner of this site is a professional educator, the information provided is not intended as, nor does it constitute, professional advice, consultation, or instruction tailored to individual circumstances.

This information is not a substitute for your own decisions and research.

Before taking any action based on this information, we encourage you to consult appropriate professionals and use reputable sources such as .gov or .edu.

Your use or reliance on any information contained on the Site or mobile application is solely at your own risk.

Disclaimers and Limitation of Liabilities

Service Use Disclaimer

  • We do not guarantee, represent, or warrant that your use of our services will be uninterrupted, timely, secure, or error-free.
  • We do not warrant that any results obtained from using the service will be accurate or reliable.
  • You agree that from time to time, we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
  • You expressly agree that your use of, or inability to use, the service is at your sole risk.

No Warranties

  • Except as expressly stated by us, the service and all products and services delivered to you through the service are provided “as is” and “as available” without any representations, warranties, or conditions of any kind, either express or implied.
  • This includes, but is not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement.

Informational Disclaimer

  • The information provided by Lilly and Skye, LLC – Tradename Alder and Alouette on https://www.alderandalouette.com (the "Site") and our mobile application is for general informational purposes only.
  • All information is provided in good faith; however, we make no representation or warranty of any kind, express or implied, regarding its accuracy, adequacy, validity, reliability, availability, or completeness.
  • Your reliance on any information on the Site or mobile application is solely at your own risk.

Limitation of Liability

To the fullest extent permitted by applicable law:

  • We and our affiliates (including directors, officers, employees, agents, contractors, interns, suppliers, service providers, or licensors) shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation:

  • Lost profits, revenue, or savings
  • Loss of data
  • Replacement costs
  • Any similar damages

Whether based in contract, tort (including negligence), strict liability, or otherwise, arising from:

  • Your use of any part of the service
  • Any products purchased through the service
  • Any other claim related in any way to your use of the service or any product, including errors or omissions in any content, or any loss or damage incurred as a result of using the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Jurisdictional Exceptions

  • Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages.
  • In such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Alder and Alouette, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your use of the Site, including but not limited to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by simply ceasing to use our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Force Majeure

We shall not be liable for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service if such failure or delay is caused by events outside our reasonable control, including but not limited to acts of God, flood, drought, earthquake, storm, hurricane, fire, epidemic or pandemic, public health emergency, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations, nuclear, chemical or biological contamination, any law or action taken by a government or public authority (including restrictions, export or import bans, quotas, and prohibitions), collapse of buildings, breakdown of plant or machinery, interruption or failure of utility service, labor strikes, industrial action or lockouts, non-performance by suppliers or subcontractors (including carriers and delivery services), or interruption or failure of telecommunications networks or internet services.

Our obligations under these Terms of Service shall be suspended during the period that such event continues, and we shall have an extension of time to perform these obligations for the duration of that period. If the period of delay or non-performance continues for more than sixty (60) days, we reserve the right to terminate any affected order or service without liability.

Governing Law and Jurisdiction

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and Alder & Alouette shall be brought exclusively in a state or federal court of competent jurisdiction located in Mason County, Washington.

Related Policies

Please also review our Privacy Policy, Shipping Policy,  Returns, Refunds & Cancellation Policy, and Website Disclaimer. which together with these Terms of Service govern your use of our website and services.

Contact Information

Questions about the Terms of Service should be sent to us by email/in writing at info@alderandalouette.com or mailed to:

Alder and Alouette
625 West Railroad Ave, #339
Shelton, WA 98584