Thanks for purchasing Living with Lolo’s Your Interior Design BFF! The Terms of Service (“General Terms”) cover your use and access to the product being sold, more formally known as a customizable Airtable template. By using our Services, you agree to be bound by these General Terms as well as our Privacy Policy.
The terms and conditions are set forth below. We encourage you to read them carefully because they govern our relationship with each other and they are the conditions upon which you are allowed to purchase the forms.
AGREEMENT
Your use of the Services does not create a professional relationship with Living with Lolo. Moreover, Living with Lolo is not an attorney. Unless you are otherwise represented by an attorney, you represent yourself in any legal matter you undertake through our Services.
You acknowledge and agree that Living with Lolo may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of Living with Lolo, its users and the public. You understand that the technical processing and transmission of the Service, including your Documents and other content, may involve transmissions over third party networks and changes to conform and adapt
to technical requirements of connecting networks or devices. You agree that Living with Lolo has no responsibility or liability for deleting or failing to store any Documents or other content maintained or uploaded in the Services.
iii. circumvent or disable any security or technological features of our products and Services.
The design, text, graphics and selection and arrangement of our Services and the legal forms, documents, guidance and all other content found on our Service (“Service Content”) are copyright © Living with Lolo. All rights reserved.
Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a registered user, you are the owner of and are fully authorized to keep, for your own personal records, electronic or physical copies of documents you have created on Living with Lolo.
When you transmit public-facing user content on Living with Lolo, you hereby grant Living with Lolo and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media.
Resale or unauthorized copying, use, storage, display or distribution of forms, articles, documents or other materials copied or downloaded from our Service is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express written consent of Living with Lolo. Any rights not expressly granted in these Terms are reserved by Living with Lolo.
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS. The information, software, products, and Services made available through Living with Lolo may include inaccuracies or typographical errors. Living with Lolo reserves the
right at any time to modify, improve, suspend or deprecate certain features of our Services. Legal Information received via Living with Lolo should not be relied upon exclusively for personal, medical, legal or financial decisions; rather, we recommend you use information from our Service in conjunction with the advice of a qualified professional tailored to your situation. In short, your use of our Services is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, Living with Lolo AND ITS AFFILIATES, SUBSIDIARIES, PROGRAM SPONSORS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA OUR SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS WITHOUT CONSULTING AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LIVING WITH LOLO, ITS AFFILIATES, SUPPLIERS, PROGRAM SPONSORS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT LIVING WITH LOLO HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, Living with Lolo AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO LIVING WITH LOLO FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.
THE PARTIES EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
By using our Service, you, on behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold Living with Lolo and its agents and employees harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Services. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.
You agree to indemnify and hold Living with Lolo and its employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing our Customer Service Department. However, if Living with Lolo is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution (“JAMS”). JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. You and we agree that the arbitration will be held in Phoenix, Arizona. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.
Any notice to Living with Lolo should be addressed to Living with Lolo, Attention: General Counsel at 30208 N. 52nd Place, Cave Creek, AZ 85331. You may only resolve disputes with Living with Lolo on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
These Terms are governed by the law of Arizona, U.S.A., unless preempted by U.S. federal law, without regard to conflict of law rules. The parties expressly agree to resolve all disputes in Phoenix, Arizona.
These Terms constitute the entire agreement between you and Living with Lolo with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.
Living with Lolo’s failure to enforce a provision is not a waiver of its right to do so later. If a provision of these Terms is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting the intent of the unenforceable language as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. LIVING WITH LOLO may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms. We encourage users to periodically review the Terms to ensure that you understand them in their entirety. If you have any questions or concerns, please visit us at www.livingwithlolo.com.
PRIVACY POLICY
Protecting your private information is important to us. This Privacy Policy governs data collection and usage of the products, services, software, platform and websites (collectively, “Services”) provided by Living with Lolo and its affiliates (collectively, “LOLO”). By using the Services, you consent to the data practices described in this policy and our Terms of Service. If you do not agree to any part of this Privacy Policy, then you should stop accessing the Services. Put another way, by using our Services, you agree to our privacy policy.
Information about your computer hardware and software may be automatically collected by LOLO. This information can include: your IP address, browser type, domain names, access times, operating system, cookie information, referring website addresses, and Internet Service Provider. LOLO may also collect geolocation information based on visitors’ IP addresses. This information is used by LOLO for the operation of the service, to maintain quality of the service, and to provide general
statistics regarding use of the Services. In order to better understand how users use its site and to improve its services, LOLO may also collect information about your use of our Site, such as pages visited, links clicked, text entered, and mouse movements.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through the Services to third parties, such as tax referral services, tax professionals, and so on, this information may be collected and used by them. LOLO encourages you to review the privacy statements of entities or services you access from our Service so that you can understand how those entities collect, use and share your information. LOLO is not responsible for the privacy statements, privacy practices, or content on websites or services outside of those we operate.
LOLO does not sell, rent or lease its customer lists to third parties. In cases where you request us to do so, we will share your personal information with trusted business partners so that they can offer you products or services that you’ve expressed interest in. For example, we will send your information to a general contractor if you request we do so. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party without your consent.
In addition, LOLO may share data with vendors or processors to help us perform statistical analysis, send you email or postal mail, perform tasks required to complete a purchase transaction, provide customer support, or provide other types of customer relationship management and fulfillment. LOLO may also share information on your use of our Site, such as pages visited, links clicked, non-sensitive text entered, and mouse movements, with third party providers of web and application analytic services in order to enable LOL to understand site usage, detect
fraud and potential threats and improve its Services. All such third parties are prohibited from using your personal information except to provide these Services, and they are obligated to maintain the confidentiality of your information, although in some cases those third parties are allowed to use aggregated and de-identified data for the improvement of their own services.
Additionally, if you access our Services through a third party, and in the course of doing so you provide information to them, the third party may retain and use the information you provide pursuant to their privacy policy. In such cases, the third party’s use of your personal information is governed by their privacy policy and not the LOLO’s privacy policy.
LOLO tracks the pages our customers visit within our websites. This data is used to understand our customers’ needs, how customers use our Services, improve our Services and deliver customized content and recommendations to users whose behavior indicates that they are interested in a particular subject area. Please note that any “do not track” signals sent by your web browser or other mechanism have no effect on the collection of personally identifiable information by LOLO. We may use third parties such as Google Analytics for data collection and analytics to collect, process and store your site usage and browser information on our behalf when you use our Services.
LOLO uses tracking to create remarketing audiences of users based on user behavior and visits to our website. LOLO may also target these users with custom ads based on affinities/interests, geographic and demographic signals. Users can opt out of some or all of these advertising features by visiting Google and Facebook opt-out pages, and the like. LOLO may use email addresses to target users with custom ads through third party advertising platforms. LOLO shares certain customer information described in Section 1 above with third parties to perform services (advertising) on our behalf.
You may opt out of our sharing that constitutes a “sale” of personal information certain privacy act laws.
LOLO may disclose personal information when we believe it is required to comply with the law; to enforce or apply this Privacy Policy or our other policies or agreements; to initiate, render, bill, and collect for amounts owed to us; to protect our or our users’ rights, property or safety; to protect our users from abusive or unlawful use of the Services; or if we believe that an emergency involving the danger of death or serious physical injury to any person requires or justifies disclosure of personal information.
Information about our customers, including personal information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personal information could be transferred to third parties as one of LOLO’s business assets. In such an event, you may not have the right to opt out of any such transfer.
One of the primary purposes of cookies is to allow you to be logged in to your account. If you register an account with LOLO, a cookie helps us recall your specific information on subsequent visits. This simplifies the process of recalling your personal information, such as billing addresses, shipping addresses, and so on. When you return to our website, the information you previously provided can be retrieved, so you can easily use the features of our Service. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to log in to your account or fully experience the interactive features of the Services.
California residents may submit a personal information or erasure request via email at [email protected]. LOLO will need to collect information from the requesting party to verify their identity, and will respond within 45 days of receiving a personal information request (subject to an additional 45-day extension in certain circumstances).
Please be aware that such a request does not ensure complete or comprehensive removal of your content or information and that there may be circumstances in which the law does not require or allow removal even if requested. For example, if your personal information is contained in a document created by a LOLO user, only that user can delete that document.
LOLO uses industry standard security measures to secure your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, we rely on 3rd party vendors to ensure that this information is protected. LOLO regularly reviews its security measures to consider appropriate new technology and methods. Please be aware that, despite our efforts, no security measures are perfect or impenetrable. LOLO retains your personal information for the length of time needed to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law.
States. With regard to data transfers from the European Economic Area to the U.S., we have self-certified to the EU-U.S. Privacy Shield Framework.
Our privacy policy is written and meant to comply with Arizona laws. If you are purchasing this service or using this policy outside the United States, please review your existing privacy laws with your chosen attorneys before moving forward.