1. In General
Access to and use of the LaLaLounger website (the “Website”) and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By accessing the Website and using the Services, you are agreeing to the Terms of Service, as may be updated by us from time to time. If you do not agree to these Terms of Service, you must exit the Website. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Your continued use of the Website and/or the Services following the posting of revised Terms of Service means that you accept and agree to the changes.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable to you if for any reason this Website and/or the Services are unavailable at any time or for any period of time. From time to time, we may restrict access to some parts or all of this Website.
4. Intellectual Property Rights, Content, Marks
The intellectual property rights in all Content (as defined below) made available to you on or through this Website, as well as derivative works thereof, remains the property of LaLaLounger or its licensors and is protected by copyright, trademark, and other intellectual property laws. “Content” includes, but is not limited to text, design and functions, layout, technology, software, scripts, data, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, functionality, files, documents, images, or other materials that you may view or access through the WebSite. You may store, print and display the Content supplied solely for your own personal use. You are not permitted to modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Content or to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on this Website nor may you use any such Content in connection with any business or commercial enterprise. Further, you shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Content supplied by LaLaLounger or its licensors. All rights which have not been expressly granted to you hereunder are reserved by LaLaLounger and its licensors.
All trademarks, service marks, logos, slogans and taglines displayed on the WebSite are the property of LaLaLounger, LLC or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site without the express written permission of LaLaLounger, LLC, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
The information on the Website may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors or inaccuracies as soon as practicable. In the event that a product is listed at an incorrect price due to a typographical error, we have the right to refuse or to cancel any order placed for such product at the incorrect price even if such order has been confirmed and your credit card has been charged for such purchase, in which case we will issue a credit to your credit card account in the amount of the incorrect price charged. Further, we reserve the right at any time to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to content, promotions, product descriptions, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law ). We also reserve the right to revise, suspend, or terminate a promotion at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any products for sale on the Website at a particular time does not guarantee that the products will be available. If a product sold is not as described, your sole remedy is to return the product subject to the terms and conditions set forth in our Return Policy www.LaLaLounger.com/return-policy.
6. Visitor/User Suggestions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Comments”) are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all commercial or non-commercial purposes, in our sole discretion.
7. DISCLAIMER OF WARRANTY
ACCESS TO THE WEBSITE, THE SERVICES, AND THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR DOWNLOADED THEREFROM IS PROVIDED “AS IS” AND “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LALALOUNGER, LLC AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER LALALOUNGER, LLC NOR ITS LICENSORS WARRANT THAT ACCESS TO THE WEBSITE AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES LALALOUNGER, LLC AND ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE WEBSITE, THE SERVICES OR ANY OF THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND YOUR RELIANCE UPON THE SERVICES, AND CONTENT AVAILABLE ON OR THROUGH THE WEBSITE IS AT YOUR SOLE RISK. FURTHER, LALALOUNGER, LLC AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE WEBSITE OR THE SERVICES OR THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE WEBSITE OR THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE WEBSITE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER LALALOUNGER, LLC NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM LALALOUNGER, LLC OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. LIMITATION OF LIABILITY
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF LALALOUNGER, LLC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE LALALOUNGER, LLC AND HOLD LALALOUNGER, LLC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
9. EXCLUSIVE REMEDY
IN THE EVENT OF ANY PROBLEM WITH LALALOUNGER, THE SERVICES OR THE MATERIALS OR CONTENT AVAILABLE ON OR THROUGH LALALOUNGER, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING LALALOUNGER, THE SERVICES OR THE MATERIALS OR CONTENT AVAILABLE ON OR THROUGH LALALOUNGER. UNDER NO CIRCUMSTANCES SHALL LALALOUNGER, LLC, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF LALALOUNGER, THE SERVICES OR THE MATERIALS OR CONTENT AVAILABLE ON OR THROUGH LALALOUNGER, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS, ANY INFRINGEMENT BY THE CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF LALALOUNGER, THE SERVICES OR THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
You agree to indemnify, hold harmless, and defend LaLaLounger, LLC and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the Website, the Services or any of the Content available on or through LaLaLounger, or any breach or violation of these Terms of Service by you. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.
We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing the Website for any reason or for no reason whatsoever, including improper use of the Website or failure to comply with these Terms of Service, and to take any other action we deem appropriate. You agree that we shall not be liable to you or any third party for any termination of your access to the Website and/or to any Service or Content therein.