LULAROE TERMS OF USE
The Terms of Use (“Terms”) contained herein apply to your access to, and use of, the lularoe.com website and any other affiliated websites or other online or mobile services or applications (collectively the “Site”) of LuLaRoe, LLC (“LuLaRoe,” “we,” “our,” or “us”).
ACCEPTANCE OF TERMS THROUGH USE
By using this Site, you signify your agreement to these Terms. If you do not agree to these Terms please do not use this Site. Please check these Terms periodically for changes as we reserve the right to revise these Terms without notice. In the event of a change to these Terms, your continued use of this Site following the posting of any changes constitutes acceptance of such changes. We reserve the right to terminate your use of this Site at any time without notice.
LICENSE TO USE THIS SITE
Subject to these Terms, we hereby grant you a non-exclusive, non-transferable limited license to use this Site in strict accordance with these Terms. You agree not to provide any false or fraudulent information as you use this Site. You acknowledge and agree that all content and services available on this Site are our property and are protected by applicable proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by us and our affiliates.
RESTRICTIONS ON USE
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this Site. Retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without our written permission is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited.
SECURITY
You agree that if we issue you a Username and Password, you shall use your best efforts to prevent access to this Site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential and notifying us immediately if you discover loss or access to such information by an unauthorized party. You agree that you shall not reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter any executable code, contents or materials on or received via this Site.
EXPORT
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this Site.
ERRORS AND CORRECTIONS
While we use reasonable efforts to include accurate and current information on this Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on this Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us.
USE OF SUBMISSIONS
Except with regard to personal information, all information which you post on this Site or communicate to us through this Site (collectively “Submissions”) shall forever be our property. We shall not treat any Submission as confidential and shall not incur any liability as a result of any similarities that may appear in our future services or products. We shall have exclusive ownership of all present and future existing rights to any Submission. You hereby represent and warrant that your Submissions do not infringe the rights of any party.
USER CONDUCT
By using features of this Site, including features that allow you to post or otherwise transmit information to or through this Site, or which may be seen by other users, you agree that you shall not use this Site in any way, or upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that:
A. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this Site’s rules or policies;
B. infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
C. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
D. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any party; or
E. impersonates any person or entity, including any of our employees or representatives.
You shall not harvest or collect information about the users of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third party
You shall not use this Site to solicit or collect information from, or unlawfully contact, anyone 18 years of age or younger without appropriate parental consent.
We generally do not pre-screen, monitor, or edit the content, if any, posted by users of this Site. However, we have the right, at our sole discretion, to remove any content that, in our sole judgment, does not comply with these Terms or is otherwise harmful, objectionable, or inaccurate. We are not liable for any damages in removing such content.
INTELLECTUAL PROPERTY RIGHTS
1. Copyright
The Site design, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof are protected under copyright law. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, recorded, or otherwise, without our prior written permission.
2. Trademark
The LuLaRoe name, logos, slogans, and the design of the Site, unless otherwise noted, are trademarks and/or trade dress of LuLaRoe. The use of any trademarks or any other materials contained on the Site, without our prior written permission, is expressly prohibited.
THIRD PARTY SITES
You may be transferred to third party sites through links or frames from this Site. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such sites. The inclusion of such links or frames does not imply our endorsement of those sites or any association with their operators. We have no liability whatsoever from such third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
We make no representation or warranties about this Site, the suitability of the information contained on or received through use of this Site, or any service or products received through this Site. All information and use of this Site are provided “as is” without warranty of any kind. We hereby disclaim all warranties without regards to this Site, the information contained or received through use of this Site, and any services or products received through this Site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, and/or title and non-infringement. We do not warrant that the contents or any information received through this Site are accurate, reliable or correct; that this Site will be available at any particular time or location; or that any defects or errors will be corrected. Your use of this Site is solely at your risk. You agree that you have relied on no warranties, representations or statements other than in these Terms.
LIMITATION OF LIABILITY
Under no circumstances shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.
INDEMNIFICATION
You agree to indemnify, defend, and hold us and our affiliated companies, and our and their employees, contractors, officers, agents and directors, harmless from all damages, liabilities, claims, and expenses, including attorney’s fees and costs (we will choose our own legal counsel), that arise from your use of this Site, or any services, information or products from this Site, or any violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.
LEGAL COMPLIANCE
We may suspend or terminate your use immediately upon receipt of any notice which alleges that you have used this Site in violation of these Terms and/or for any purpose that violates any local, state, or federal law, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, or that may violate hacking or other criminal or civil regulations. In such event, we may disclose your identity and contact information if required by law, and we shall not be liable for damages as a result thereof.
CHOICE OF LAW AND FORUM
By accessing this Site, you agree that the laws of California shall apply to any actions or claims arising out of or in relation to these Terms or your use of this Site, without regard to choice or conflict of law principles. You hereby submit to exclusive personal jurisdiction in California. Venue in any action shall lie exclusively in Riverside County, California. All proceedings shall be conducted in English.
SEVERABILITY
If any provision of these Terms is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and these Terms as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
We reserve the right to revise these Terms at our discretion and without notice, so check back from time to time to be sure you are complying with the current version.