Terms of Use


Lolly Dagger, Inc. (“LollyDagger,” “we,” “us,” and "our”) is pleased to make this web site located at lollydagger.com (the “Site”) available for your use and benefit. By using the Site you agree to be bound by the Terms of Use set forth below. Use of this Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.

These Terms of Use apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with LollyDagger, unless otherwise directed by LollyDagger. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately discontinue use of this Site.

Collection of Visitor Information on this Site

Any information collected at this Site is governed by our Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with LollyDagger through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

Copyright, Trademark and Other Intellectual Property Rights

All images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips, and other materials and data that appear as part of the Site as well as the selection, arrangement and organization of the foregoing and the Site as a whole (collectively, "Content") are protected by one or more copyrights, trademarks, service marks, trade dress rights, and/or other intellectual property or proprietary rights owned by or licensed to us. Certain trademarks, service marks and trade names on the Site are our registered or unregistered trademarks, service marks and trade names and may not be used without our express permission. Other trademarks, service marks and trade names used on the Site are the property of their respective owners. All software used on this Site is owned by or licensed to us and is protected by U.S. and international copyright and other intellectual property laws.

LollyDagger grants you permission to view and use the Content and software made available to you on the Site in connection with your own personal, noncommercial use of the Site. You may not reproduce, create derivative works from, distribute in any way, display or publicly perform any Content or software without our prior written permission. You agree to prevent any unauthorized copying of the Content or software. We reserve all rights not expressly granted herein.

References on this Site to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by us.

Accuracy

Information on this Site may contain typographical errors, inaccuracies, or omissions in relation to products, services, pricing, and other information. LollyDagger reserves the right to: (i) discontinue the sale of any products listed on this Site at any time without notice to you; and (ii) correct any errors, inaccuracies, or omissions and to change or update information at any time without notice to you. If LollyDagger discovers price errors, they will be corrected on LollyDagger’s systems, and the corrected price will apply to your order.

Please note that because the colors you see will depend on your monitor, LollyDagger cannot guarantee that your monitor will display the exact color of an item displayed.

Payment

You authorize LollyDagger and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of this Site. You represent and warrant that you are the only one who will make payments in connection with this Site. You are responsible for all uses of your credit card, debit card, or any other payment means used in or under your name or account. Unless otherwise specified, all amounts paid to LollyDagger are nonrefundable.  

Product Orders

The prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling charges, or taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

Risk of Loss

All items purchased from this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon LollyDagger’s delivery to the carrier.

Changes to Orders

We start processing orders immediately after the order is placed. In most cases additions to orders will be placed as a separate order and changes cannot be made once the order is placed.

Acceptance of Orders

The receipt of an order confirmation does not guarantee the acceptance of an order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time to limit the quantity of items ordered and/or refuse to sell to any customer.

Return Policy

While we hope every order works out great, if you need to return a product or an entire order, you have 30 days from the date of purchase to make a return. For complete details, see our Return Policy.

Exchange Policy

If you need to exchange a product or an entire order, you have 30 days from the date of purchase to make an exchange. For complete details, see our Exchange Policy.

Warranty Disclaimers

THE SITE, ITS CONTENT, ANY PRODUCTS, SERVICES, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAWS. LOLLYDAGGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, OR ANY COMPONENT THEREOF, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. 

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK.

WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE SITE ARE APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.

Limitation of Liability

IN NO EVENT SHALL LOLLYDAGGER, OUR AFFILIATED ENTITIES, AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, AND/OR SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY USE OF, OR RELIANCE ON, THE CONTENT, THE SITE, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE SITE, THE SOFTWARE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE.

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 MAY HAVE ADDITIONAL RIGHTS.

Under no circumstances whatsoever shall LollyDagger's aggregate liability resulting from or relating to your use of this Site exceed Five Dollars ($5.00).

Indemnification

You agree to defend, indemnify and hold us and our affiliated entities harmless from and against any and all claims, demands, damages, losses, costs and expenses, including attorneys' fees, arising from or related to your use of the Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Prohibited Activities and Visitor Obligations

As a visitor or user of this Site you shall not:

  • violate any applicable law or regulation;
  • upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a "Post") any content or information that is false or inaccurate;
  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  • engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • Post any content that is subject to any disclosure restrictions;
  • Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
  • Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable;
  • Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  • interfere with or otherwise limit the use of this Site by other users; or collect, compile, or store personal information about other users of this Site;
  • disrupt or interfere with the security of, operation of, or otherwise cause harm to, this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites
  • use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the web pages on the Site or the content contained therein without LollyDagger's prior, express, and written permission; or
  • use this Site for your own commercial purposes.

You agree that you are solely responsible for the Post of any content that you make available on or send through this Site. You represent and warrant that your use of the Site and your Posts are in compliance with the above.

Although LollyDagger has no obligation to screen, edit or monitor any user conduct or user content on the Site, LollyDagger reserves the right, and has absolute discretion, to remove, screen or edit any user content and to monitor any user conduct on the Site at any time and for any reason without notice.

Third Party Providers of Functionality

We may have functionality on the Site that is provided, in whole or in part, by a third party service provider. You can usually identify such third-party functionality by the use of a trademark not owned by LollyDagger on or near the functionality. For such third party functionality, you will need to review the terms of use and privacy policy for that third party, which in some cases may require you to visit that party's website and locate the terms of use and privacy policy. Your review should include determining whether such terms and policy are acceptable to you. If they are not, do not use the associated functionality on our Site.

Links to Other Web Sites

The Site may contain links to other web sites. Additionally, other web sites may contain links to this Site. LollyDagger does not review or monitor the web sites linked to this Site and LollyDagger is not responsible for the content or policies of any other web sites. Any link established by LollyDagger does not constitute an endorsement of the other web sites or create a relationship between LollyDagger and the operators of other web sites. LollyDagger disclaims any liability with respect to your use of any other web site, and you release LollyDagger from any liability related to your use of any link to another web site or your use of any other web site. Where this Site contains a link to another web site owned and/or operated by LollyDagger, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.

Changes to Terms of Use

LollyDagger may revise these Terms of Use at any time without notice. Any use of this Site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that LollyDagger shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

Continued Operation, Accessibility, and Maintenance of this Site

LollyDagger may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any products or services without notice to you.  LollyDagger reserves the right to refuse service to anyone at any time, with or without cause.

Your Account

If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. LollyDagger reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, remove or edit content, or cancel orders.

General Provisions

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation. 

These Terms of Use are governed by the laws of the State of Minnesota without giving effect to any conflicts of law principles. Any claims arising out of these Terms of Use must be brought exclusively in the state or federal courts located in Hennepin County, Minnesota. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Any failure by LollyDagger to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce the same.

Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.

You are responsible for compliance with applicable laws.

Submissions

All questions, comments, feedback, suggestions, ideas, original materials such as stories, artwork, computer code, or product or marketing ideas and any other submissions disclosed, submitted or offered by you to us on or through the Site or otherwise disclosed, submitted or offered by you to us (collectively, "Submissions") shall become and remain our property. You hereby transfer, sell, and assign to LollyDagger all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. As such, we will own exclusively all such rights, title and interest and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform, any Submissions and not be limited in any way in its use, commercial or otherwise, of any Submissions. Further, we shall be under no obligation to maintain any Submissions in confidence, pay to you any compensation or royalties for any Submissions, or provide attribution to you for any Submissions. We shall have no obligation to use, return, or review any Submissions. For this reason, we ask that you not send us any Submissions that you do not wish to assign to us.

Contact

For questions or comments related to the Site or these Terms of Use, please Contact Us.