Last Updated: August 25, 2021
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES. If you have any questions about these Terms, please contact us by email at firstname.lastname@example.org.
1.1 Eligibility. You understand and agree that to use the Site you must be of legal age (18 years of age or the age of majority in your jurisdiction, or, if you have parental consent, 16 years of age). If you use the Site on behalf of any third party, you agree that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
1.2 License to Use the Site. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the Services for your personal, non-commercial use. iLOLA reserves the right to monitor your usage of the Services for the purpose of determining that it complies with these Terms.
1.3 Prohibited Conduct. You may not use the Site or Services other than as expressly permitted by Section 1.2 above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Site; (b) use the Service or Site commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Services, Site, or underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Services or Site; (g) collect information about users of the Services or the Site; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Services or Site.
- ACCOUNT REGISTRATION; ACCOUNT USE
2.1 Account Registration. To access certain portions of the Site or Services, you may be required to create an account (an “Account”). If you create an Account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and Account. You are entirely responsible for any and all activities that occur under your Account. You may not use anyone else’s Account at any time.
2.2 Security of Your Account. You agree to notify iLOLA immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or Account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by iLOLA or a third party due to someone else using your Account, unless such use is due to iLOLA’s willful misconduct.
2.3 No Obligation to Retain a Record of Your Account. iLOLA has no obligation to retain a record of your Account or any data or information that you may have stored for your convenience by means of your Account or the Services.
- SUBSCRIPTIONS AND PROMOTIONS
3.1 Subscriptions. We offer various subscription plans (each, “Subscription”) which include regular shipments of curated assortments or personally chosen consumer products, or which enable digital access to features and benefits available on the iLOLA platform. Our Subscriptions are also subject to our iLOLA’s Subscription Terms, which provide additional information regarding Subscriptions (including term, delivery frequency of Subscriptions that include the iLOLA Collection Box, and pricing).
3.2 SUBSCRIPTIONS AUTOMATICALLY RENEW. YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION AUTOMATICALLY RENEWS, AND YOU WILL CONTINUE TO BE CHARGED, IF APPLICABLE, UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION, OR WE SUSPEND OR TERMINATE IT, IN ACCORDANCE WITH THESE TERMS AND/OR THE iLOLA MEMBERSHIP TERMS. If You activate a Subscription, You authorize iLOLA and any third parties used to manage subscriptions to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or Your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date on which You first purchase Your subscription to the Service. For Your “Subscription Fee”, please see Your active order form, as applicable. Your account will be charged the Subscription Fee plus all applicable fees and taxes automatically on or after the Subscription Billing Date. The subscription will continue unless and until You cancel or we terminate Your subscription. The third party subscription partner managing Your payment processing, will charge the periodic Subscription payment plus all applicable fees and taxes to the payment method specified in Your account, which may include billing via an invoice from Us or a third party service. If You believe that We, or our third party subscription party has billed You incorrectly, You must contact Us no later than sixty (60) days after the applicable billing date in order to be eligible for an adjustment or credit, and failure to do so within the aforementioned period will constitute Your agreement that the amounts charged are accurate and valid. Unless otherwise agreed by the parties, You may cancel the Subscription Service by initiating the cancellation process in Your account or contacting us.
3.3 Cancellation Policy. Subscriptions may be cancelled any time, subject to these Terms. In order to cancel your Membership, you must: (a) contact us, indicate that you wish to cancel and follow the instructions that we send you in response; (b) log into your Account, navigate to the “My Subscription” link or “My Subscription and orders” tab, choose Cancel, and follow the instructions; (c) log into your Account, navigate to the Customer Concierge tab, and follow the instructions to cancel, indicate that you wish to cancel and follow the instructions given. You must contact us and complete cancellation within 20 days for your cancellation to be effective in a timely fashion. There are no cancellation fees for any non-promotional subscription. Canceling your Membership does not provide you a refund for Subscription payments already processed, nor does it stop a pending charge. Your cancellation will go into effect for the following billing cycle.
3.4 Promo Codes. iLOLA may, from time to time in its sole discretion, offer certain promotional offers and/or promotional codes, for discounts. Promotional offers and codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer, unless otherwise specified. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by iLOLA at any time in its sole discretion.
3.6 Subscription Delinquent Accounts. iLOLA reserves the right to cease delivery of products where subscription payments are delinquent. We may suspend or terminate Your access to the Subscription and stop all shipments of orders, if any amount in Your account is due but unpaid. In the event that minimum payment requirements have not been met, in addition to amounts due for the Subscription, iLOLA reserves the right to charge a delinquent account additional fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
3.7 Subscription Authorization. You authorize iLOLA or our third party subscription management company to charge all sums for the subscription orders that You make, including all applicable taxes, to the payment method specified in Your account. If You pay any such sums with a credit card, our third party subscription management company, on behalf of iLOLA may seek pre-authorization of Your credit card account prior to Your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover Your purchase.
3.8 Price. iLOLA reserves the right to determine pricing for the Subscription. Unless otherwise expressly set forth in an active order form, iLOLA, at its sole discretion, may change the fees for any feature of the Subscription, including additional fees, shipping or charges, on a going-forward basis. iLOLA, at its sole discretion, may make promotional offers with different features and pricing to any of iLOLA’s customers. These promotional offers, unless made to You, will not apply to the Service we provide to You or these Terms as between iLOLA and You. If the pricing for the Subscription (as such terms are defined in Section 4.6 above) increases, we will notify You, and provide You with an opportunity to change Your Subscription before applying those changes to Your account or charging Your payment details in connection with an automatic renewal. The notification will inform You of how long You have to change Your Subscription before the changes are applied to Your account.
- TERMS OF SALE
The following terms apply to your purchase of the products offered on the Site (“Products”).
4.1 Product Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
4.2 Availability and Pricing. iLOLA reserves the right to change the prices and available Products and Memberships at any time. Quantities of some Products may be limited, and stock cannot always be guaranteed. Products offered for sale on the Site are available for shipment only within the United States and all prices are quoted in American dollars. The availability of Products may be limited depending upon the shipment destination. Prices do not include any shipping and handling fees, foreign exchange or transaction fees, or any applicable taxes – any shipping and handling fees and taxes charged or collected by iLOLA will be added to your order and will appear as a separate charge on your order receipt/confirmation.
If applicable, currency exchange rates and foreign transaction fees are generally determined and applied by your payment provider and you acknowledge and agree that iLOLA shall have no responsibility for refunding nor compensating you for amounts or expenses incurred in connection therewith. We may occasionally make errors in the stated prices on the Site. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
4.3 Purchasing Products. The display of Products on the Site invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
4.4 Orders. We have the right to refuse or limit any orders, limit quantities, and Memberships. We will not be liable if a Product is unavailable or if shipment is delayed. To the extent legally permissible, we reserve the right to provide substantially similar products to fulfill your order.
4.5 Returns. We require that the Products are returned to us by post to iLOLA LLC, 1225 E Sunset Drive, Suite 145 PMB 1130, Bellingham, WA, 98226, United States. See our returns policy for additional information.
4.6 Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please contact us. We must receive notice of a damaged or incomplete shipment within 14 days of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion and in accordance with the law.
4.7 Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regularly for Memberships. We accept the forms of payment stated on the Site and, for credit and debit card payments, charge your credit or debit card when your order is processed. The bank issuing your credit or debit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including but not limited to the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
4.8 Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the products to the common carrier for shipment; provided however that title to and risk of loss/damage on all Products shipped to customers in the United States passes from us to you upon delivery to you in the United States. By purchasing products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
4.9 Taxes and Shipping and Handling. Stated prices do not include any customs, duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase. We reserve the right to charge shipping and handling fees, as determined by iLOLA in its sole discretion, to cover the cost of processing, handling and shipping orders, and which may include amounts incurred for customs, transport and duties as applicable. Any shipping and handling charges will be added to your order and will appear as a separate charge on your receipt/order confirmation.
4.10 Gift Certificates. Gift certificates will expire or decline in value, or not, in accordance with the laws of the purchaser’s location at the time of purchase.
4.11 Personal Use Only. Products are for your personal use only. You agree not to sell or resell any Products you purchase or otherwise receive from us. Except where prohibited by law, we may limit the quantity of Products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of these Terms, as we determine in our sole discretion.
- INTELLECTUAL PROPERTY; THIRD-PARTY CONTENT AND SERVICES
5.1 Intellectual Property Rights. All content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to iLOLA and/or its affiliates. Content is provided to you for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.
5.2 Third-party Content. The Site may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Site may contain links to third-party websites. iLOLA is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites.
- CONTRIBUTIONS TO iLOLA
Any text, photographs, artwork, ideas, questions, reviews, comments, messages, communications with us or others, suggestions or other content that you submit, post to or disseminate using the Site or otherwise provide to us are referred to as “User Content”. The following terms apply to User Content:
6.1 License to iLOLA. By sharing, submitting or uploading any User Content, you grant iLOLA a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.
6.2 Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights”, that you have to prevent us from exploiting the rights granted in Section 6.1.
6.3 Right to Name and Likeness. You also grant us the right to use and display for any purpose the name, photograph and any other biographical information that you submit with any User Content.
6.4 Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Site. Accordingly, you agree and confirm that: (1) you have all rights, licenses, consents and releases necessary to grant iLOLA the required rights to disseminate any User Content; and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or iLOLA’s use of your uploaded User Content (or any portion thereof) on, through, or by the means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
6.5 No Obligations Regarding User Content. We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove, edit or access any User Content for any reason or no reason at all.
7.1 Infringement Notification. iLOLA respects the rights of others and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
7.2 How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to iLOLA’s designated Copyright Agent to receive notifications of claimed infringement by one of the following means:
In any such notice, please include sufficient information to address the items specified below:
- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
- Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit iLOLA to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
- Include details of your claim to the material, or your relationship to the material’s copyright holder.
- Provide your full name, address, and telephone number should we need to clarify your claim.
- Provide a working email address where we can contact you to confirm your claim.
- If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
- Sign the document, physically or electronically.
- WARRANTIES; DISCLAIMER
8.1 YOUR RIGHTS MAY VARY. Some jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of incidental or consequential damages. if these laws apply, some or all of the below disclaimers, exclusions or limitations may not apply to you, and you may have rights additional to those contained herein.
8.2 NO WARRANTIES. THE SITE, SERVICES AND PRODUCTS ARE PROVIDED “AS AVAILABLE” AND “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. iLOLA DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ILOLA DOES NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT.
8.3 USE OF SITES IS AT YOUR OWN RISK. ILOLA DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR
USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. ILOLA MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. ILOLA WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. ILOLA MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.
8.4 NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS. iLOLA DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND iLOLA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. iLOLA WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
- LIMITATION OF LIABILITY
9.1 YOUR RIGHTS MAY VARY. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE.
9.2 NO CONSEQUENTIAL DAMAGES. IN NO EVENT WILL iLOLA, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “iLOLA” FOR PURPOSES OF THIS SECTION 9) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES OR PRODUCTS, EVEN IF iLOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. iLOLA WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE OR LOSS OF GOOD WILL.
9.3 OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.
You agree to defend, indemnify and hold harmless iLOLA, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including reasonable legal fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any product purchased by you on this Sites; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (d) arising from or related to our use of your User Content in the context of the Services; or (e) arising from, related to, or connected with your use or misuse of the Site or Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.
- TERMINATION; SURVIVAL
11.1 Term. These Terms are effective unless and until terminated by us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice.
11.2 Modification and Termination of Site and Services. We may modify or terminate the Site or the Services, your access to the Services, in part or as a whole, at any time, for any or no reason, and without notice or liability to you.
11.3 Suspension or Termination. We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all. If we terminate for no reason your right to access the Site, we will fulfill our obligations to you related to any order outstanding at the time of termination.
11.4 Effect of Termination. If you terminate your account, you will remain liable under these Terms for any purchase made prior to termination. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. The provisions will survive termination including but not limited to: 1.3, 1.4, 2, 4.5, 5 through 10, 11.4, 12, and 13.
You and iLOLA agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, the Products, any breach, enforcement, or termination of these Terms, or otherwise relating to iLOLA in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section 12.
12.1 Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at email@example.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
12.2 Formal Resolution. If the dispute is not resolved within sixty (60) days then any or all outstanding issues shall be referred to mediation on notice by one party to the other, with the assistance of a neutral mediator jointly selected by the parties.For any mediation relating to a user domiciled within Canada or anywhere else other than the United States of America, the mediator will be located in Vancouver, British Columbia, Canada. For any mediation relating to a user domiciled within the United States of America, the mediator will be located in Whatcom County, Washington. Mediation may be held electronically via videoconference at the mutual consent of the parties.
12.3 If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by the parties in writing, either party may refer the dispute to arbitration.
12.4 For any arbitration of a dispute relating to a user domiciled within Canada or anywhere else other than the United States of America such arbitration will take place in Vancouver, British Columbia, Canada and shall be governed under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre (the “BCICAC”). The appointing authority shall be the BCICAC and the case shall be administered by the BCICAC in accordance with its Rules.
12.5 For any arbitration of a dispute relating to a user domiciled within the United States of America, the arbitration will take place at Bellingham, Washington, USA, and shall be governed by the Commercial Rules of the American Arbitration Association shall govern.
12.6 Applicable Law. In relation to any users domiciled within Canada or anywhere else outside of the United States of America, this Agreement will be construed in accordance with the laws of British Columbia, and Canada, and (to the extent not pre-empted by federal law) without regard to conflict of laws principles. In relation to users domicled within the United States of America this Agreement will be construed in accordance with the laws of the Washington State and the United States of America, and (to the extent not pre-empted by federal law) without regard to conflict of laws principles.
12.7 Venue. Any dispute or suit arising out of this Agreement by a user domiciled within Canada or anywhere else outside of the United States of America shall be brought in the appropriate court located in Vancouver, British Columbia. Any suit arising out of this Agreement by a user domiciled within the United States of America shall be brought in the appropriate federal or state court located in Whatcom County, Washington State.
- THIRD PARTIES
13.1 Third-Party Services. Certain features and functionalities within the Service may allow You and Your customers to interface or interact with, access, use, and/or disclose information to compatible third-party services, products, technology and Content (collectively, “Third-Party Services”) through the Service. iLOLA does not provide any aspect of the Third-Party Services and does not assume any liability arising in connection with any use of such Third-Party Services, including any compatibility issues, errors, or bugs in the Service or the Third-Party Services that may be caused in whole or in part by the Third-Party Services or any update or upgrade thereto. You are solely responsible for maintaining the Third-Party Services and obtaining any associated licenses and consents necessary for You to use the Third-Party Services in connection with the Service.
13.2 Third-Party Services and Linked Websites. iLOLA may provide tools through the Service that enable You to export information to a Third-Party Service. By using one of these tools, You agree that iLOLA may transfer that information to the applicable Third-Party Service. You acknowledge and agree that the Third-Party Service is not under iLOLA’s control, and, to the fullest extent permitted by law, iLOLA is not responsible for any Third-Party Service’s use of any exported information. The Service may also contain links to third-party websites. Linked third party websites are not under iLOLA’s control, and iLOLA is not responsible for their content.
13.3 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to You subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict You from obtaining Third-Party Components under the applicable third-party licenses or to limit Your use of Third-Party Components under those third-party licenses.
- GENERAL TERMS
14.1 Force Majeure. Under no circumstances shall iLOLA or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control, including without limitation delays or failures resulting from the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake, explosion, epidemic, pandemic, communicable disease, or quarantine; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; and (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) supply chain disruptions; and (i) other events beyond the reasonable control of iLOLA.
14.2 No Waiver; Severability. No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of iLOLA to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
14.3.1 These Terms (and all policies, terms and conditions referenced herein) constitute the entire agreement between you and iLOLA and govern your use of the Site, Services and products provided by iLOLA, and supersede any prior agreements between you and iLOLA on the subject matter. You also may be subject to additional terms that may apply when you enter into a contract of sale with us, or use certain iLOLA Services or third-party content, links or websites.
14.3.2 These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by iLOLA without restriction.
14.3.3 These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.
14.3.4 These Terms may not be modified by an oral statement by a representative of iLOLA. A party’s failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms.
14.3.5 No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms.
14.3.6 You agree to comply with all applicable laws in your use of the Site and Services.
14.3.7 You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
14.3.8 These Terms will not be construed against the drafter.
14.3.9 “Include(s)” or “including” means, respectively, “include(s), without limitation,” or “including, without limitation,”, unless expressly stated otherwise.
14.3.10 If you are using the Site or Services for or on behalf of the U.S. or any other government, your license rights do not exceed those granted to non-government consumers.
14.4 Use Outside The United States. The Sites are controlled and offered by iLOLA from the United States for use by customers in the United States. iLOLA makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law.
14.5 Notices and Electronic Communications. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose, and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:
1901 Cornwall Ave #1130
Bellingham, WA, 98225