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 “AS IS” 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.
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 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.
7. 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.
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.
As a part of our commitment to your privacy, Loll Designs support and adhere to the guidelines and practices adopted by the Direct Marketing Association’s Privacy Promise to American Consumers. We have agreed to (1) provide customers with notice of their ability to opt out of information rental, sale, or exchange with other marketers; (2) honor customers’ requests not to share their contact information with other marketers; and (3) honor customers’ requests not to receive mail, telephone, or other solicitations from Loll Designs.
Collecting Information About You
There may be times (such as when you purchase or order a product, subscribe to a service, register to receive catalogs, or to participate in contests, sweepstakes or promotions, etc.) when we ask you to provide certain contact information about yourself, such as your name, shipping/billing address, telephone number, email address, social media user name, credit card information, birth date, gender, occupation, personal interests, and other information. We may collect information about your physical location. We may also maintain a record of your product purchases.
Whether or not to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on our web sites. In addition, we may need to contact you via phone, email or mail to address questions or issues specific to your order, entry, etc., even if you have opted to not receive marketing communications from us.
In general, you can visit many of our web pages without telling us who you are or revealing any contact information about yourself. We may track the Internet domain address from which people visit us, other electronic markers and identifiers and other information about our sites. We may analyze this data for preferences, trends, site usage statistics and to recognize you.
Using Information About You
We use your contact information to provide you with the services you request as well as for analytical and marketing purposes, such as:
• confirming, sending, and tracking your order, subscription, or registration;
• communicating with you about your order, subscription, or registration;
• analyzing preferences, trends, and statistics;
• informing you of our new products, services, and offers; and
• providing you with other information from and about Loll Designs, including personalized marketing communications.
We contact you only in ways compatible with your communications choices. To the extent necessary for such purposes, we take reasonable steps to make sure that your contact information is accurate, complete, current, and otherwise reliable.
Our Select Partners
From time to time we might establish a business relationship with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy policies are consistent with ours. These are known as our Select Partners. In such cases we might rent, exchange, share and/or cross-reference information, including contact information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you.
To serve you better, we may combine information you give us online or through our catalogs. We may also combine that information with publicly available information and information we receive from or cross-reference with our Select Partners and others, including providers of third party cookie and other third party browsing and use data. We use that combined information to enhance and personalize the shopping experience of you and others with us, and to recognize our customers so that we can communicate with you directly about our products and events that may be of interest to you, and for other promotional purposes.
TimberTech by Loll Customers
Our Service Providers
We may contract with companies or persons to provide certain services including credit card processing, shipping, data analysis and management, promotional services, etc. We call them our Service Providers. We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.
Advertising and Online Tracking
Opting Out Of Marketing And Transfers; Updating and Deleting Information About You
We want to communicate with you only if you want to hear from us. If you prefer not to receive direct marketing from us or from our Select Partners, or if you would like to opt out of our rental or exchange of your information with other marketers, please let us know. In the U.S., you can call us at 877-740-3387 or send us an email. Please be sure to include your full name, email address, mailing address, and specifically what information you do not want to receive. If you would like to update or correct your email address, mailing address or other contact information with us please contact us the same way. If you like, you may use one of the following statements in your message to us:
• I prefer not to receive email advertisements, such as updates regarding products and services, special promotions or upcoming events.
• I prefer not to receive direct mail advertisements, such as periodic catalogs and mailings regarding products and services, special promotions or upcoming events.
• I prefer not to have my contact information provided to third parties for their marketing purposes.
You may also click the designated link at the bottom of all email advertisements to be removed from future email updates.
Please note that any requests to remove or update your contact information may take up to five days for your email request and 6–8 weeks to process your postal mail request.
We use Google Analytics on our web sites to collect usage data, to analyze how users use the web sites and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.
We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. To guard your information delivered to us electronically, our web sites use Secure Sockets Layer (SSL). SSL encrypts your credit card number, name and address so only we are able to decode your information. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your contact information, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk.
We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place.
Loll Designs take special care to protect the safety and privacy of children. Our websites are general audience sites. We do not permit anyone under the age of 13 to register with us. We also do not send email correspondence to anyone who tells us that they are under the age of 13.
Children under the age of 13 should always ask their parents or guardians for permission before providing any contact information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the Internet.
California users under the age of 18 may request the removal of their content or information publicly posted on web sites or mobile applications by sending us an email. Please note that most of the user content that appears on our Site or Services is stored and controlled by third party providers; thus, complete and comprehensive removal of the content may not be possible.
Links to Third Party Web Sites
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 [email protected] 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.: [email protected], Customer Service, 5912 Waseca Street, 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.
Effective Date: January 14, 2019