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 AND SECURITY Loll Designs is committed to respecting your privacy and recognizing your need for appropriate protection and management of contact information you share with us (the phrase “contact information” means any information by which you can be contacted or personally identified, such as your name, mailing address, email address, telephone number, etc.). The purpose of this Privacy Policy is to inform you what information we may collect from you, how we use such information, and the choices you have regarding our use of, and your ability to review, correct and opt out of our use of, the information. This Privacy Policy applies to information we collect about you through our websites. By using any of our websites, or sharing your contact information with us, you are accepting and consenting to the practices described in this Privacy Policy.
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.
If you access any of our websites with your log-in credentials from a social networking site (e.g., Facebook or twitter) or if you otherwise agree to associate your account with us with a social networking site, we may receive personal information about you from such social networking site, in accordance with the terms of use and privacy policy of the social networking site. We may add this information to the information we have already collected from you via our stores, websites and mobile applications.

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
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.

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.

Location Information
We use the Google Maps service on our web sites. We may use the Google Maps service, and other services, to collect information about your physical location. We use this information to create greater ease of use in our checkout, including to suggest your shipping and billing address, or to help you find the closest store location. The Google Maps service is governed by Google’s privacy policy located at www.google.com/policies/privacy.

Advertising and Online Tracking
We allow third-party companies to serve ads and/or collect certain information when you visit our web sites. These companies may use information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) collected during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of interest to you. These companies may also tie identifiers associated with a particular browser or device to identifiers associated with other browsers or devices used by the same user or household (e.g., a device identifier associated with a user’s computer may be tied to the device identifiers of that user’s tablet and phone) in order to measure and target advertisements tailored to user interests across their devices and to send personalized marketing communications. These companies typically use a cookie or third party web beacon to collect this information. Our systems do not recognize “Do Not Track” signals, but several of these third party companies who utilize these cookies or beacons on our web sites enable you to opt out of this behavioral advertising. To learn more or opt out from these companies you can visit http://www.networkadvertising.org/choices and www.aboutads.info/choices/. We also provide you with additional tools to opt out of marketing from us or certain transfers of your information. You can learn about this in the “Opting Out of Marketing and Transfers” section of this Privacy Policy.

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.

Cookies
When you visit our web sites, we send one or more cookies to your computer or other device. We may also use cookies in emails that you receive from us. A cookie is a small data file that is placed on the hard drive of your computer when you visit a web site. A session cookie expires immediately when you end your session (i.e., close your browser). A persistent cookie stores information on the hard drive so when you end your session and return to the same web site at a later date the cookie information is still available. We use cookies to improve the quality of our service when you visit our web site and other web sites of interest to you. We also use cookies to remind us of who you are, tailor our products, services and advertising to suit the personal interests of you and others, estimate our audience size, assist our online merchants to track visits to and sales at our web sites and to process your order, track your status in our promotions, contests and sweepstakes, and/or analyze your visiting patterns.
Certain of our Service Providers may use cookies and collect information on our behalf. They are prohibited by our contract with them from sharing that information with anyone other than us or our other Service Providers. In addition, we or certain of our Service Providers, in connection with the services that they provide to us, may work with third parties who may use cookies to collect information to tailor advertising for you and others elsewhere on the Internet and on our web sites, and to assist in reminding us of who you are. If you would like to opt out of accepting cookies altogether, you can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. However, certain features of our web sites or other services may not work if you delete or disable cookies.
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/.

Security
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.

Protecting Children
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
Our web sites may contain links to web sites operated and maintained by third parties, over which we have no control. Privacy policies on such linked web sites may be different from our privacy policy. You access such linked web sites at your own risk. You should always read the privacy policy of a linked web site before disclosing any of your information on such web site.

Policy Changes
If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on our web sites, as applicable. Those changes will go into effect on the effective date posted in the notice and at the end of the revised Privacy Policy. The new policy will apply to all current and past users of our web sites and will replace any prior policies that are inconsistent. Your continued use of our web sites or other services constitutes your acceptance of the practices described in the revised Privacy Policy.

Your Feedback
To help us improve our privacy policy and practice, please give us your feedback. In the U.S., you can call us at 877-740-3387 or send us an email.

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