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Terms of Use

Loll Designs Website Terms of Use

Last updated: 3.1.2021

 

By using lolldesigns.com, and its related domains, including but not limited to social media channels, mobile application, services, information, web postings, products, and tools (collectively, “Website”) you, the User, are agreeing to the following terms and principles. This Terms of Use agreement (“Agreement”) is effective immediately for all Users of the Website and is by and between Loll Designs, Inc. (“Loll” or “we” or “us”) and you, the User. Please read the Terms of Use carefully before you start to use the Website.

These Terms of Use also incorporate Loll’s Website Privacy Policy as if incorporated fully herein. These Terms of Use also incorporate by reference Loll’s Terms and Conditions of Sale, Return Policy, and Warranty, as if fully set forth herein.

Loll uses Salesforce’s Pardot platform for our B2B Marketing Automation and CRM. You may learn about how Salesforce processes information on our behalf in Salesforce’s Privacy Policy.

1. Mission

Based in Duluth, MN, Loll is a designer/manufacturer of durable, all-weather, outdoor furniture and accessories made with recycled plastic – mostly from single­-use milk jugs. Using thoughtful, original designs and unique materials, Loll creates innovative, fun and high­ quality products proudly crafted in the USA.
Loll’s history dates back to 1997 with the creation of TrueRide, a design and build contractor specializing in custom municipal skate parks. The TrueRide crew designed, built, installed and serviced more than 400 custom skateboard parks across the nation and abroad during a 10­ year period.

2. User Eligibility

Use of the Website is void where prohibited. Your use of the Website constitutes your representation that (1) all information you submitted in your registration is truthful and accurate: (2) that you will update your registration information when changes occur; (3) that you are at least 18 years of age; (4) that, if you are under the age of 18, you have the authorization of your legal guardian, and (5) that your use of the Website does not violate any state, federal, or other law which applies in your jurisdiction.

3. Accessing the Website and User Consent

To access the Website or some of the resources it offers you will be asked to provide certain registration details, personal information, and payment card information. You agree that all information you provide to register with this Website, Loll, its service providers, partners, or affiliates, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy (“Consent”).
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
User Consent to transfer of Personal Information in a Transaction. Loll may choose to sell its business, or merge, acquire, or otherwise undergo a change of control of ownership of Loll. In these transactions, user information is typically an asset that is transferred. Moreover, if Loll, or substantially all of its assets, were acquired, user information would be one of the assets that is reviewed and transferred or acquired by a third party. You acknowledge that such review and transfers may occur, and that any acquirer may continue to use your personal information as set forth in this policy. You also agree that such review, transfer, or other data processing done in connection with such a transaction does not constitute an unauthorized disclosure to a third-party under the relevant data breach notification and similar laws of your jurisdiction.

4. User Consent to Share User’s Information with Service Providers

Loll uses third parties to assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep your information confidential.
Those trusted third-party partners may:
  • Provide you and our company, and its affiliated companies with various services
  • Provide database maintenance and security
  • Help us manage transactions
  • Help us process and fulfill orders or requests
  • Create an account on such third-party site to provide various services to you
By using this Website, the User consents to Loll sharing the User’s information with its service providers and their service providers.
Canadian and European Union Users
We may collect personal data from Canadian and European Union users. If you are from the European Union or Canada, by using this Website, you consent to the transfer, processing, and storage of your data in the United States. You have rights, as set forth below, with respect to your information. If you do not consent to the transfer of your information, you must cease using this Website.

5. User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content, product reviews, or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers.
All of your User Contributions do and will comply with these Terms of Use.

6. Content Standards

The following Content Standards apply to any and all User Contributions and use of Interactive Services. You are responsible for any and all User Contributions, including without limitation data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links which you post to the Website. Please use common sense when posting Content to the Website. Postings which may violate any state, federal, or other law which applies in your jurisdiction, whether civil or criminal, are strictly prohibited. Refrain from posting any Content which contains profanity or nudity. Loll reserves the right to reject, refuse to post, or delete any Content for any reason, including, but not limited to, Content which, in the sole judgment of Loll, violates this Agreement or which otherwise may be deemed offensive or rude. Loll does not assume responsibility for monitoring user posted Content. However, if you believe you have identified a violation of this Agreement, please report the abuse to the Privacy Officer whose contact information is listed below.

7. Loll’s Intellectual Property and Trademark Rights

The Website, its features, and functionality including but not limited to the software, displays of information (including text, audio, video, images) and the design, selection, and arrangement thereof are owned by Loll and are protected by copyright, trademark, and other intellectual property or proprietary rights laws.
All content posted by Loll is protected by copyright laws and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast, or otherwise exploited in any commercial or for profit manner without the prior written consent of Loll.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.
Loll’s logos are subject to copyright and trademark protections. You must not use such marks without the prior written permission of Loll. All brand names and logos are the property of their respective owners, are used for identification purposes only, and do not imply product endorsement or affiliation with Loll.
Loll is a brand of Landscape Forms Inc. (“LFI”). LFI owns the Loll and LFI trademarks, including but not limited to LANDSCAPEFORMS®, LOLL®, KORNEGAY DESIGN®, STUDIO 431®, MULTIPLICITY®, PARALLEL 42®, REDLINE®, KALEIDOSCOPE®, WASHINGTON SQUARE®, ARCATA®, MARNEAUX®, CHASE PARK®, PARC CENTRE®, PARK VUE®, SHOW®, REST®, RIDE®, COLLECT®, STOP®, CONNECT®, MINGLE®, CHILL®, WELLSPRING®, PANGARD®, REEDER®, WINDMARK®, RING®, LAKESIDE®, BOLA®, and AWEN®. You may not use, copy or alter any of our trademarks without our prior written consent. Other trademarks and service marks referenced at the Website may be the trademarks of their respective owners.

8. Digital Millennium Copyright Act (“DMCA”) Policy

We respect the intellectual property of others. Pursuant to the DMCA, notifications of claimed copyright infringement must be sent to the Designated Agent for Landscape Forms, Inc. (“LFI”), as follows. IMPORTANT: The following contact is for copyright claims only. All other inquiries and concerns should be directed to Loll via the Contact link.
Susan E. Farley, Esq.
Heslin Rothenberg Farley & Mesiti P.C.
E-mail: susan.farley@hrfmlaw.com
5 Columbia Circle
Albany, New York 12203
Tel: 518-452-5600
Fax: 518-452-5579
We will respond to all such notifications in an expeditious manner and take appropriate action. When required and if appropriate, this response may include one or more of the following actions:
  1. Removing the infringing material or disabling all links to the infringing material;
  2. Terminating a user’s access to and use of the Website and/or closing an account if the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of others.
If we become aware that one of our users or account holders is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user or account holder. In the case of termination, we have no obligation to provide a refund of any amounts previously paid. To be effective, the copyright claim must be a written communication that includes the following:
  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 the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice via the Website, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Loll may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

9. Authors and Bloggers

As stated below, Loll does not warrant any of the information provided on the Website. Please use common sense when reviewing articles and blogs posted by our staff or community members. You should not rely in any way on any information posted on the Website.

10. Product Orders and Ordering Disclaimer

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 User’s 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.
ORDERING DISCLAIMER. Your electronic order confirmation, or any form of confirmation, does not signify Loll’s 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.
All purchases through our partners or other transactions formed through the Website or resulting from visits made by you are governed by our Standard Terms and Conditions of Sale, Shipping Policy, and Refund Policy where applicable, which are hereby incorporated into these Terms of Use.
LOLL USES A THIRD-PARTY SERVICE PROVIDER TO COLLECT AND PROCESS PAYMENT CARD INFORMATION, FOR EXAMPLE, DEBIT OR CREDIT CARD INFORMATION, (“PCI”) FROM USERS. THE USER AND LOLL’S SERVICE PROVIDERS ARE SOLELY RESPONSIBLE FOR THE SECURITY OF SUCH PCI DATA AND ANY CLAIMS ARISING FROM THE UNAUTHORIZED ACCESS TO SUCH PCI DATA.

11. Products or Services (Where Applicable)

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 Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. 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 reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. 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.

12. TimberTech by Loll Customers

TimberTech and Loll Designs have a contract to allow Loll Designs to manufacture and sell TimberTech’s products. Information on orders placed for TimberTech by Loll products will be shared with TimberTech. Information includes all order data: customer name, billing address, phone number, email address, and products purchased and is subject to TimberTech’s privacy policy. TimberTech’s privacy policy is located at https://www.timbertech.com/privacy-policy.

13. Liability Limitation

The liability, if any, of Loll and its agents, servants, representatives, members, officers, and employees with regard to your use of the Website for any claims, costs, damages, losses, and expenses for which they are or may be legally liable, shall not exceed $25.00. In no event shall Loll and its agents, servants, representatives, members, officers, and employees be liable for indirect, special, or consequential damages.

14. Indemnification

You agree to indemnify, defend and hold Loll and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates, harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Website.

15. No Waiver

Loll’s failure to enforce any provision of this Agreement does not waive future enforcement.

16. Disclaimer of Warranty

You expressly agree that use of this Website is at your sole risk. Neither Loll, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, service providers, or licensors (collectively, “Providers”), or the like, warrant that this Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, completeness, reliability, security, or currency of the Content. The Content may contain errors, omissions, inaccuracies, or outdated information. Further, Loll does not warrant reliability of any content displayed or distributed through the Website.

THIS WEBSITE AND THE CONTENT ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. LOLL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LOLL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE CONTENT ON THIS WEBSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

17. Governing Law

The Agreement shall be governed and controlled by the laws of the State of Michigan as to interpretation, enforcement, validity, construction, and effect and in all other respects. 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 LOLL’s 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.

18. Forum Selection

Any dispute arising under or in connection with the Agreement or related to any matter which is the subject of the Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Kent County, Michigan.

19. Notice to Loll

All notices to Loll under this Agreement may be sent using the following information.

For answers to common questions about Loll, payments, shipping and returns, check out the Loll FAQ or call 877-740-3387 (ext 1).

Loll’s Contact Form on its website can be found here.

Loll’s Postal address: 5912 Waseca Street Duluth, MN 55807