Terms of service.
Please read these terms and conditions carefully before continuing use of this website. Your continued use of this website confirms your acceptance of these terms and conditions. If you do not accept these terms and conditions, you should exit, and cease further use of this website.
This website is owned and operated by LulaRose LLC (“LulaRose”, “we” or “us”).
Product Descriptions
LulaRose attempts to ensure that all information on this website is accurate and current. However, the information may occasionally be inaccurate, incomplete, or out of date, and we make no representation as to the completeness and accuracy of any information on this website. All products and prices on this website are subject to change at any time without notice, and we cannot guaranty the availability of any product.
Use of Website
This website is © 2020, LulaRose LLC. All rights reserved. The design of this website and all graphics, content and other material displayed on or that can be downloaded from this website are protected by copyright, trademark and other laws and may not be used except as expressly permitted in these Terms and Conditions or with our prior written consent. You may not modify, reproduce, publicly display, perform or distribute, or otherwise use for any public or commercial purpose, any information or materials on this website or that can be downloaded from this website. Any such use is unauthorized and may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Trademarks
Certain trademarks, trade names, service marks and logos used or displayed on this website are registered or unregistered trademarks, trade names or service marks LulaRose LLC or its affiliates. Other trademarks, trade names, service marks and logos used or displayed on this website are the property of their respective owners. Nothing contained on this website grants or should be construed as granting any license or right to use any trademarks, trade names, service marks or logos displayed on this website without the written consent of the respective owner.
Linking to this Website
You may not create or maintain any link from another website to any page on this website without our prior written consent. Running or displaying this website, or any information or material displayed on this website, on another website without our prior written consent is prohibited. Any links to this website that are permitted by us must comply will all applicable laws, rules and regulations, and we may revoke our consent at any time.
Third Party Links
From time to time, this website may contain links to websites that are not owned, operated, or controlled by us. If you use these links, you will leave this website, and we are not responsible for any content, materials or other information located on or accessible from any other website. We do not guarantee, endorse, or make any representations or warranties regarding any other websites or any materials or other information located on or accessible from any other website.
Inappropriate Material
If at any time this website permits the posting or transmitting of information by users, you are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage illegal activity or result in any legal liability. We have the right, but not the obligation, to monitor and delete any posting or to block any transmission. We assume no responsibility for, and disclaim all liability related to, the content of any such user communications. Any information that you post or transmit will be considered non-confidential and non-proprietary. We and our affiliates may use any or all such communications for any purpose whatsoever, including, without limitation, reproduction, disclosure, publication, broadcast, manufacturing or marketing in any manner whatsoever for any or all commercial or non-commercial purposes.
Privacy
When you visit this website, log files are stored on the website server that include information such as your IP address and time of visit. Registration information, and certain information that you provide when placing an order, may be saved on our server. We may use cookies to save visitor preferences and purchasing information. We currently utilize a third party to process credit card transactions. This third party has informed us that they use encryption and other methods to safeguard customer credit card information and that they use such information only for the purpose of processing payment of the order. We may use your email address to send you a confirmation email when you place an order. If you sign-up for email alerts, we may also provide you with emails regarding other products or services or other information pertaining to our company or its affiliates, and you may unsubscribe from these emails from us at any time by clicking the “Unsubscribe” link in the email or by contacting our Customer Service department as described above. This website is not intended for use by individuals under the age of 13.
Disclaimers
THE INFORMATION AND PRODUCTS PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR AND TEAR, IMPROPER USE OR STORAGE OF A PRODUCT, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, OR NON-COMPLIANCE WITH ANY LAW.
ALL THIRD-PARTY PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THE RESPECTIVE THIRD-PARTY MANUFACTURERS, DISTRIBUTORS OR SUPPLIERS, AND WE DO NOT PROVIDE ANY WARRANTIES ON ANY THIRD-PARTY PRODUCTS. IN THE EVENT OF ANY PROBLEM WITH ANY SUCH PRODUCTS, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS DIRECTLY FROM THE THIRD-PARTY MANUFACTURERS, DISTRIBUTORS OR SUPPLIERS OF SUCH PRODUCTS.
THE DISCLAIMERS SET FORTH HEREIN DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Limitations of Liability
LulaRose assumes no responsibility, and we will not be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to or use of this website, your downloading of any information or materials from this website, or any email from us. IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE OR ANY EMAIL, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE OR ANY EMAIL, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES OR EMAILs, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. THE LIABLITY LIMITATIONS SET FORTH HEREIN DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Revisions to these Terms and Conditions
These Terms and Conditions may be revised by us at any time and from time to time by updating this posting. You should visit this page from time to time to review the then-current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this website. We may assign these Terms and Conditions to any successor or assign.
Choice of Law; Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any conflict of law principles. Any legal action arising out of or relating in any way to this website or any product on this website may be brought only in a state or federal court located in the Commonwealth of Massachusetts. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. In the event any provision of these Terms and Conditions is determined by a court to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be deemed modified to the minimum extent necessary to result in its enforceability.
Termination. You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.