terms

LOLL DESIGNS, INC.íS TERMS OF USE

IMPORTANT! These Terms of Use govern your (the "User" or "You") use of the Loll Designs, Inc. Web Site (the "Web Site" or ďSiteĒ) provided by Loll Designs, Inc. (ďLollĒ). By using, browsing or accessing this Site, You warrant that you are of the age of majority and agree to these Terms of Use. These Terms of Use are subject to change by Loll at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these Terms of Use regularly. These Terms of Use were last updated: May 2nd, 2011.

1. APPLICABILITY User has a nonexclusive, non-transferable, limited, and revocable right to use the Web Site solely for User's personal educational, informational, and entertainment use. User shall not use the Web Site for any other purpose, including any commercial purpose, without Loll's express prior written consent. For example, User shall not, and shall not authorize any other person to, (i) Co-brand the Web Site or portion thereof, or (ii) frame the Web Site or portion thereof (whereby the Web Site or portion thereof will appear on the same screen with a portion of another web site). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Web Site or content accessible within the Web Site (the "Content"). User agrees to cooperate with Loll in causing any unauthorized Co-branding, framing or linking to immediately cease.

2. PROPRIETARY INFORMATION User acknowledges and agrees that the Content is the proprietary information of Loll and its content providers, and Loll and its content providers retain all right, title, and interest in the Content. Accordingly, User shall not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of Loll or the applicable content provider except that User may print out a copy of Content solely for User's personal use. In doing so, User shall not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content, as they are the property of Loll or other third parties. User shall not modify or alter any of the Content, which is protected by trade dress and other laws and may not be copied or imitated in whole or in part. Loll aggressively enforces its intellectual property rights in the Content and elsewhere to the fullest extent of the law.

3. DISCLAIMER LOLL MAKES NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS WEB SITE. LOLL DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN ďAS ISĒ BASIS. EXCEPT FOR ITS LIMITED WARRANTY ON PRODUCTS AND SERVICES AS STATED IN ITS TERMS AND CONDITIONS OF SALE, LOLL SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO ITS PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR ANY OTHER MATTER.

4. LIMITATION OF LIABILITY IN NO EVENT SHALL LOLL, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANYONE FOR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS WEB SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, OR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION RELATING TO THE SITE. USER HEREBY EXPRESSLY WAIVES ANY SUCH DAMAGES EVEN IF INFORMED OF THE POSSIBLITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, TORT, BY OPERATION OF LAW, OR OTHERWISE.

5. INDEMNITY User shall indemnify and hold Loll, its licensors, content providers, service providers, affiliates, officers, directors, agents, partners and employees (the "Indemnified Parties") harmless from any claim or demand, including reasonable attorneysí fees, made by any third party due to or arising out of content User submits, posts to or transmits through the Site, Userís use of or connection to the Site, Userís breach of these Terms of Use, any use of the Content by User other than as expressly authorized in these Terms of Use, or Userís violation of any rights of another person or entity. User agrees that the Indemnified Parties shall have no liability in connection with any such violation or unauthorized use, and User agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith.

6. PRODUCT ORDERS Loll will use its best efforts to fulfill all orders but cannot guarantee the availability of any particular product displayed on this Site. Loll reserves the right to discontinue the sale of any product listed on this Site at any time without notice. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Site may not include shipping and handling or sales taxes, if applicable, which shall be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. Loll reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions on this Site, including after an order has been submitted. Loll has tried to display the colors of the products shown on this Site as accurately as possible. However, because the colors User sees depend on Userís monitor, Loll cannot guarantee that the display of any color will be accurate. For further information about purchasing products from Loll, please read the FAQ section on this Site.

7. ORDERING DISCLAIMER Your electronic order confirmation, or any form of confirmation, does not signify Lollís acceptance of your order. Loll reserves the right to accept or deny shipment to anyone for any reason. Loll reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Loll reserves the right to cancel the order, notify the cardholder and the proper authorities.

8. THIRD PARTY INTERACTIONS During use of the Web Site, User may enter into correspondence with, purchase products or services from, or participate in promotions of advertisers or sponsors showing their products or services through the Web Site. Any such activity is solely between you and the applicable third party. Loll shall have no liability, obligation or responsibility for any correspondence, purchase or promotion between you and such third party. Loll does not endorse any sites on the Internet that are linked through its Web Site. Loll provides these links only as a matter of convenience to User, and in no event shall Loll be responsible for any content, products or other materials from such sites.

9. APPLICABLE LAW These Terms of Use shall be governed by the laws of the State of Minnesota, U.S.A. without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods, 1980, and any successor thereto, shall not apply. Any suit must be brought in a state or federal court sitting in Minnesota, U.S.A., and User irrevocably accepts the jurisdiction of such courts. THE PARTIES IRREVOCABLY AND KNOWINGLY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THE WEB SITE OR REGARDING LOLLíS PRODUCTS OR SERVICES. NEITHER PARTY SHALL BE LIABLE FOR ANY CLAIM BROUGHT MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION FOR SUCH CLAIM FIRST AROSE.

10. PRIVACY AND SECURITY Loll gathers User information for a variety of reasons, including a desire to improve the Web Site, to understand which areas of the Web Site are used most often, to enhance the on-line shopping experience, and for marketing and promotional purposes. The types of information gathered includes data collected in the course of processing sales transactions and information provided by Users in response to surveys or in response to other requests for information. The data gathered is at times shared with corporate affiliates of Loll, but it will not be provided to other companies. If User does not want to receive promotional emails from Loll, User can opt out anytime using the link provided in all newsletter emails. Loll utilizes the latest technology for shopping and ecommerce security and orders are transmitted over secure Internet connections using SSL (Secure Sockets Layer) encryption technology. Userís personal information, including credit card and sign-in password are stored in encrypted format. If You ever are concerned with security or are encountering security problems or concerns relating to this Site, please donít hesitate to contact Loll by phone to place an order: 1.877.740.3387 x123.

11. PROHIBITED COMMUNICATIONS User may submit only User or project content to the Site that is (a) owned by User, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. User is prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libellous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violations of these restrictions may result in denial of or limitations on access by User to this Site.

12. CANCELLATIONS, RETURNS AND EXCHANGES Customer satisfaction is very important to Loll so Loll will go out of its way to accommodate User returns. You are able to cancel your order within five business days of placing your order. If you do need to cancel your order after five business days, it may be subject to a 20% restocking fee. For most items*, if you are unsatisfied with your purchase for any reason, Loll will be happy to process a return for you without any restocking fees. Before returning an item, please contact sales at lolldesigns to obtain return instructions. Items must be unused and unassembled, in their original condition, and in their original packaging, complete with all tags, instructions, and insert. The return must be post-marked within ten (10) calendar days of receiving the item. If the return is not due to damaged merchandise, User shall be responsible for the shipping cost back to Loll. Credit card orders will receive refunds in the form of a credit. Orders paid by check will receive a check. Please be aware that furniture is susceptible to damage during transit. Loll takes great care to pack shipments so that they will arrive safely. User may have to provide supplementary packing materials if the outer carton has been worn during the original trip out to User. If You are returning the item, please ship with a carrier that provides tracking numbers and request insurance to ensure safe return. Be sure to inspect all packages for damage before signing for the package. If damage is visible, reject the shipment, be sure the driver notes the damage and contact Loll as soon as possible. Loll will file a damage claim with the shipper and ship a replacement as soon as possible. If the item(s) sent was incorrect, or defective, please contact Customer Service by phone or email. Please do not send back these items prior to contacting Loll. Loll must receive goods in new condition to fully credit User for the return or exchange. Loll cannot accept collect deliveries (COD's). *No returns accepted for custom design/custom built products.

13. CONTACTING LOLL All questions, comments or inquiries may be directed to: Loll Designs, Inc.: sales at lolldesigns, Customer Service, 1325 N. 59th Ave W, Duluth, MN 55807, USA.? Although Loll will in most circumstances be able to receive Your correspondence, Loll does not guarantee that it will receive all such information timely and accurately and shall not be legally obligated to read, act on or respond to any such submitted information.

14. SUBMISSIONS Loll welcomes your comments regarding this Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Loll shall be and remain the exclusive property of Loll. Your submission of any such Comments shall constitute an assignment to Loll of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Loll shall be entitled to use, reproduce, disclose, publish and distribute any material You submit for any purpose whatsoever, without restriction and without compensating You in any way. For this reason, Loll asks that User not send any Comments that User does not wish to assign to Loll, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

15. MISCELLANEOUS Waiver. Failure of Loll to enforce at any time any of the provisions of these Terms of Use shall not be construed to be a continuing waiver of any provisions nor shall any such failure prejudice the right of Loll to take any action in the future to enforce any provisions there under. Notices. Notices shall be in writing and shall be (a) delivered by hand; (b) sent by email; or, (c) sent by receipted courier service. Notices shall be effective: (i) when received, if delivered by hand or sent by receipted courier service; (ii) when sent, if sent by email if delivery by email sent no later than 4:00 PM (receiverís time) on a business day; (iii) the next business day if sent by email on a non-business day or after 4:00 PM (receiverís time) on a business day. Severability. If any provision of these Terms of Use is determined to be illegal, invalid, or unenforceable by a court of competent jurisdiction, then the validity and enforceability of the remaining provisions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of these Terms of Use one or more provisions as similar in terms as may be legal, valid and enforceable under applicable law.

1325 N. 59th Avenue West, Duluth, MN 55807 | phone: 877-740-3387 | Fax: 218-525-2850
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