Loll Designs, Inc.’s 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 “Site”) provided by Loll Designs, Inc. (“Loll”). 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 “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.

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 attorneys’ fees, made by any third party due to or arising out of content User submits, posts to or transmits through the Site, User’s use of or connection to the Site, User’s breach of these Terms of Use, any use of the Content by User other than as expressly authorized in these Terms of Use, or User’s 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 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.

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 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.

10. PRIVACY POLICY
Last updated: 5.6.2021

INTRODUCTION
At Loll, we enhance people, the planet, and our company in everything we do. Loll is outdoor furniture for the modern lollygagger.

Welcome to our Privacy Policy for our website, landscapeforms.com (“Website”) of Loll Designs, a Landscape Forms, Inc. company (“LOLL” or “we” or “us”). For California residents, see our Privacy Policy for California Residents. If any provision in that policy conflicts with our Privacy Policy here, the Privacy Policy for California Residents applies.

We respect your privacy and are committed to protecting your personal data. This Privacy Policy will inform you as to how we look after your personal data when you visit our Website (regardless of where you visit it from) and tell you about your privacy rights.

By using our Website, you consent to the data practices described in this Privacy Policy. If you do not agree with the data practices described in this Privacy Policy, you should not use our Website.

    1. IMPORTANT INFORMATION AND WHO WE ARE
    2. THE DATA WE COLLECT ABOUT YOU
    3. HOW WE COLLECT YOUR PERSONAL DATA
    4. HOW WE USE YOUR PERSONAL DATA
    5. DISCLOSURES OF YOUR PERSONAL DATA
    6. DATA SECURITY
    7. DATA RETENTION
    8. YOUR RIGHTS

 

[1] IMPORTANT INFORMATION AND WHO WE ARE 
Based in Duluth, MN, Loll Designs 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.

Purpose of this Privacy Policy
This Privacy Policy aims to give you information on how LOLL collects and processes your personal data through your use of this Website, including any data you may provide through this Website when you sign up to our newsletter, or purchase a product or service. We do not sell your personal data. We may use your personal data that you provide to market our products to you.

It is important that you read this Privacy Policy together with this Website’s Terms of Use, our Cookie Policy, and any other policy or notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other policies and is not intended to override them. Salesforce’s and Klaviyo’s Privacy Policy as we use Salesforce’s platform for our CRM and Klaviyo’s for our Marketing Automation.

LOLL’s Contact Information
Loll Designs, a Landscape Forms, Inc. brand.
Our contact details are:
Privacy Officer: Director of IT
Email address: [email protected]
Postal address: 7800 E. Michigan Avenue, Kalamazoo, Michigan 49048

Changes to this Privacy Policy and Your Duty to Notify Us of Changes
We will notify you of any changes to this Privacy Policy. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-Party Links
This Website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the Privacy Policy of every website you visit.

[2] THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified.

We or our service providers may collect, use, store, and transfer different kinds of personal data about you which we have grouped together follows:

    • Identity Data includes first name, last name, username or similar identifier, and picture.
    • Contact Data includes billing address, delivery address, email address and telephone numbers.
    • Financial Data includes payment card details, account numbers, expiration dates.
    • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
    • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.
    • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
    • Usage Data includes information about how you use our Website, products, and services.
    • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We use some of the personal information you provide us to conduct some level of automated decision-making — for example, we use certain personal information (for example, IP addresses or payment information) to automatically block certain potentially fraudulent transactions for a short period of time. We will not collect materially different information than the categories of information described above without first providing you notice.

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.

Minor Users
This Website is not intended for children and we do not knowingly collect data from children consistent with the U.S. Children’s Online Privacy Protection Act. If we learn that we have received information directly from a child under age 18 without the parent or legal guardian’s verified consent, we will use that information only to respond to the child/parent/guardian to inform the child that he or she may not use the Website.

[3] HOW WE COLLECT YOUR PERSONAL DATA

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your personal data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

    • apply for our products or services;
    • create an account on our Website;
    • personalize, customize, your profile on the Website;
    • subscribe to our service or publications;
    • request marketing to be sent to you;
    • conduct a survey; or
    • give us some feedback.

Automated technologies or interactions. As you interact with our Website, we may automatically collect data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, and other similar technologies. Please see our cookie policy for further details.

Third-party sources. We may receive personal data about you from various third parties including our third-party service providers.  We employ other companies and individuals to perform functions upon our behalf. Examples include storing and analyzing data, providing search results and links (including paid listings and links), providing customer service, and payment processing. They have access to user information needed to perform their functions, but may not use it for other purposes.

[4] HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: (a) where we need to perform the contract we are about to enter into or have entered into with you; (b) where it is necessary for our legitimate interests (or those of a third party) and your interests and rights do not override those interests; (c) where we need to comply with a legal or regulatory obligation. We use your data in the following ways:

    • To register you as a new guest;
    • To process and deliver your order, manage payments, fees, and charges;
    • To manage our relationship with you;
    • To deliver pop-up reminders of items in your cart;
    • To enable you to complete a survey;
    • To administer and protect our Website;
    • To deliver relevant Website content to you;
    • To use data analytics to improve our Website, products/services, marketing, customer relationships and experiences;
    • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
    • To make suggestions and recommendations to you about goods or services that may be of interest to you.

We will not use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Email and Text Messaging Marketing and Outreach
We strive to provide you with choices regarding certain personal data uses, particularly around marketing. You can manage the marketing and outreach we provide to you by opting out, which is described in the “Opting Out” section below.

Opting Out
You can ask us to stop sending you marketing messages at any time by replying to a marketing email with “unsubscribe” in the subject line, clicking “unsubscribe” in the marketing email itself, or by Contacting us at any time.

By entering your phone number into our Website, you consent to receive marketing messages at the number provided. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. Reply HELP for help or STOP to cancel.

Cookies
We may place “cookies” on the browser of your computer. Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. Cookies may enhance the convenience and use of the Website. For example, the information provided through cookies may be used to recognize you as a previous user of the Website (so you do not have to enter your personal information every time), offer personalized information for your use, and otherwise facilitate your experience using the Website. You may choose to decline cookies if your browser permits, but doing so may affect your ability to access or use certain features of the Website.

Web Beacons
We may also utilize web beacons on our Website. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. The information collected through these automated means may include information that we gather and store about your visit to, and use of, the Website, such as your IP address, type of browser and operating system used, date and time you access the Website, pages you visit, and, if you linked to the Website from another website, the address of that website. This data does not include Personal Information and is not treated as Personal Information under this Privacy Policy, but it may include the IP address of your device. We may link an IP address to information that is personally identifiable.

[5] DISCLOSURES OF YOUR PERSONAL DATA

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.  Those trusted third-party partners may:

    • Provide you and members with various services
    • Provide database maintenance and security
    • Help us manage transactions
    • Help us process and fulfill orders, transactions, donations, or requests

We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

[6] DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

[7] DATA RETENTION

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

[8] YOUR RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. For example, you may have the right to do the following:

    • Request access to your personal data.
    • Request correction of your personal data.
    • Request erasure of your personal data.
    • Object to processing of your personal data.
    • Request restriction of processing your personal data.
    • Request transfer of your personal data.
    • Right to withdraw consent to us processing your personal data.

Inquiries or complaints regarding the processing of personal data should be directed to LOLL at [email protected]. Loll commits to resolve complaints about our collection or use of your personal information.

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.

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 (receiver’s time) on a business day; (iii) the next business day if sent by email on a non-business day or after 4:00 PM (receiver’s 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.

Effective Date: January 14, 2019