2. CHANGES IN TERMS
Lola Haze™ shall have the right at any time and without prior notice at its sole discretion to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. You are responsible for reviewing the Terms periodically for any modification that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Lola Haze™ to these Terms. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Lola Haze™ shall be valid or enforceable against Lola Haze™ unless expressly agreed to by Lola Haze™ in writing signed by a duly authorized officer of Lola Haze™.
3. ACCURACY OF INFORMATION
Lola Haze™ attempts to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. Lola Haze™ makes no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. Lola Haze™ has made every effort to display as accurately as possible the colors of our products that appear at the Site but cannot guarantee that your computer monitor's display of any color will be accurate.
4. SITE TRANSACTIONS
Lola Haze™ reserves the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that Lola Haze™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
Products displayed on the Site are available while supplies last. The receipt by you of an order confirmation does not constitute Lola Haze™'s acceptance of an order. Prior to Lola Haze™'s acceptance of an order, verification of information may be required. Lola Haze™ reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Lola Haze™, for any reason or no reason. Lola Haze™ reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Lola Haze™ shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Lola Haze™ shall promptly issue a credit to your credit card account in the amount of the incorrect price. Lola Haze™ reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All prices displayed on the Lola Haze™ website are quoted in U.S. dollars. Lola Haze™ will add shipping and handling fees and applicable sales/use tax as necessary. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. Risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
6. COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase, possession, and use of items from Lola Haze™ (if applicable) on the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
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 conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Lola Haze™ may have at law or in equity, if Lola Haze™ reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Lola Haze™ may take any action Lola Haze™ reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of the related materials. Lola Haze™ will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
7. GIFT CERTIFICATES
Gift certificates can only be redeemed via purchases made on this website, and are not redeemable for cash. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. Lola Haze™ is not responsible for lost or stolen gift certificates. Lola Haze™ makes no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
All design and content featured on the Site, including the text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content", and are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Lola Haze™. This website in its entirety is protected by copyright and applicable trade dress. You may view and use the Content only for your personal, noncommercial use, and for shopping and ordering on the Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Lola Haze™ does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms, or as otherwise expressly permitted in the Content or in writing signed by Lola Haze™, is strictly prohibited. In addition, direct linking, deep linking, framing, page-jacking, metatagging, and using a robot, spider, or automated device or any process or action of any kind to monitor, copy, or alter the Site is strictly prohibited.
9. LINKED SITES
Links to other Internet websites operated by third parties, including Lola Haze™ vendors, do not constitute sponsorship, endorsement, approval or any representations or warranties by Lola Haze™ of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Lola Haze™, and Lola Haze™ is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
Creating or maintaining any link from another web site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rules and regulations.
10. PERSONAL INFORMATION SUBMITTED THROUGH THE SITE
Lola Haze™ reserves the right to immediately terminate this Agreement and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Lola Haze™ shall have no liability for termination of this Agreement. Upon termination of this Agreement, your right to use the Site shall immediately cease. You are personally liable for any orders that you place or charges that you incur prior to termination. The obligations and liabilities of you and Lola Haze™ incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
LOLA HAZE™ MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. LOLA HAZE™ ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE LOLA HAZE™ WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT LOLA HAZE™ OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LOLA HAZE™ HEREBY DISCLAIMS 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 WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOLA HAZE™ HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LOLA HAZE™, ITS SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF LOLA HAZE™ IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOLA HAZE™ ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FORM YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE. IN NO EVENT SHALL LOLA HAZE™'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless Lola Haze™, its subsidiaries and affiliates, Lola Haze™'s vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your use of the Site, any activity related to your account, any allegation that any information on material submitted by you violates any intellectual property rights of any third party, and/or your breach of any representation, warranty, or other provision of the Terms.
15. CHOICE OF LAW
These Terms shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. You agree to submit to the exclusive jurisdiction of any state or federal court located in the county of Kings, state of New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts. The waiver of any provision of the Terms shall not be considered a waiver of any other provision or of Lola Haze™'s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.