PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS – AS WELL AS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

This website is operated by Lola & Miguel Inc. (together with its affiliates, subsidiaries, successors and assigns, “Lola & Miguel Inc.”, “we” or “our”). By accessing or using this website or by posting a link to this website on any website(s) owned or operated by or on behalf of you, you signify that you have read, understand and agree to be bound by these terms of use (“Terms of Use”).

You are only authorized to use this website if you agree to abide by all applicable laws and to these Terms of Use. We reserve the right (at our sole discretion) to modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this website. Your continued use of this website after any such changes constitutes your acceptance of the revised Terms of Use.

These Terms of Use are supplemented by the website Privacy Policy, which describes how the website collects, uses and discloses personal information.

 

1. ACCESS TO THIS WEBSITE

We may discontinue or modify any aspect of this website in our sole discretion and without prior notice or liability, including (without limitation):

1. restricting the timing this website is available;
2. restricting your usage volume; and/or
3. restricting or terminating any user’s right to use this website.

You agree that any termination or cancellation of your access to, or use of, this website may be effected without prior notice and for any reason (including terminating or suspending your user account, if any). If you do not abide by the terms of these Terms of Use, you agree that we may immediately deactivate or delete your user account, if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or this website (or part thereof). Further, you agree that we shall not be liable to you or any thirdparty for any termination or cancellation of your access to, or use of, this website.

You acknowledge and agree that your only right with respect to any dissatisfaction with this website, or any policies or practices of Lola & Miguel Inc. in providing this website, including (without limitation) any change in content, is to cease using this website and cancel or terminate your subscription or registered user account, as applicable.

From time to time, we may supplement these Terms of Use with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). You understand and agree that any Additional Terms are incorporated by reference into these Terms of Use.

Lola & Miguel Inc. controls this website from its offices within the Province of Ontario, Canada. This website is intended to be accessible in all provinces and territories of Canada, and is also accessible from other countries. Given that the provinces of Canada, as well as other jurisdictions, will have laws that may differ from those of the Province of Ontario, you agree that all matters relating to access to, or use of, this website, or any other hyperlinked website, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You also agree and submit to the non-exclusive jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily and are responsible for complying with all local laws.

 

2. USER ACCOUNTS

Some aspects of this website may only be available to users who register with Lola & Miguel and create a user account on this website (each, a “Registered User”). If you are a Registered User then:

1. You represent that you are eighteen years of age (18) or older.
2. You agree to provide accurate, current and complete information about yourself in connection with becoming a Registered User and your use of the website, and agree to maintain and promptly update that information so that it is accurate, current and complete.
3. You are responsible for maintaining the confidentiality of the password associated with your user account.
4. You are fully responsible for all activities that occur in connection with your account.
5. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
6. You agree to ensure that you exit from your account at the end of each session.
7. You agree that we may send email communications related to your registration/membership in order to keep you updated about important changes to the website and related matters.

 

3. ACCEPTABLE USE POLICY

You are responsible for any content that you post or upload to the website. You agree not to post or otherwise make available content that:

1. is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, profane or otherwise inappropriate;
2. includes personal or identifying information about another person without that person’s explicit consent;
3. impersonates any person or entity, including, but not limited to, Lola & Miguel personnel, or falsely states or otherwise misrepresents an affiliation with a person or entity;
4. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

 

4. USER CONTENT

By posting content to any part of this website, you automatically grant, and you represent and warrant that you have the right to grant, to Lola & Miguel and its third party service providers an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, modify, copy, publicly perform/display, reformat, translate, excerpt (in whole or in part), distribute, prepare derivative works of or incorporate into other works such content for the purposes of administering, marketing or promoting this website, Lola & Miguel Inc. or products on this website (the “Permitted Purposes”) and, in connection with the foregoing, you waive in favour of Lola & Miguel, its licensees, successors and assigns, any and all moral rights you may have in your content in connection with a Permitted Purpose.

You agree to defend and indemnify Lola & Miguel Inc. and the directors, officers, agents, contractors, partners and employees of Lola & Miguel Inc., harmless from and against any loss, liability, threatened or actual claim, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any content you post or upload to the website.

 

5. WEBSITE CONTENT

All content on this website, including (without limitation) designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Website Content”), are the property of Lola & Miguel Inc., its users or its licensors with all rights reserved.

No Website Content, other than your own content that you post on this website in accordance with these Terms of Use, may be modified, copied, distributed, framed, reproduced, downloaded, displayed, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission.

Provided that you are permitted to use this website and subject to these Terms of Use, you are granted a limited license to access this website and the Website Content and to download or print a copy of any portion of the Website Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. This license is revocable at any time without notice and with or without cause.

Any use of this website or the Website Content other than as specifically authorized herein, without the prior written permission of Lola & Miguel Inc., is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Lola & Miguel Inc., and www.LolaandMiguel.com and related words, domain names and logos are trade-marks and the property of Lola & Miguel Inc.. Other trade-marks, product names and company names or logos cited herein are the property of their respective owners.

The material contained on this website and the selection and arrangement thereof are Copyright Lola & Miguel Inc., except as otherwise expressly provided herein. ALL RIGHTS RESERVED.

 

6. THIRD PARTY CONTENT

The website contains links to other websites (“Linked Websites”). We do not monitor and are not responsible for Linked Websites. Posting Linked Websites on the website does not imply approval or endorsement thereof by us. If you decide to leave this website and access a Linked Website, you do so at your own risk. Linked Websites may have terms of use and policies that are different from those governing this website.

 

7. DISCLAIMERS AND LIMITATION OF LIABILITY

THE WEBSITE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE SITE CONTENT. WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

EXCEPT AS SPECIFICALLY STATED ON THE WEBSITE, NEITHER LOLA & MIGUEL INC. NOR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OR ANY LINKED WEBSITES. THIS LIMITATION OF LIABILITY APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

ALL PRICING AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

 

8. PRODUCT INFORMATION

All prices are quoted in Canadian dollars.

Lola & Miguel Inc. takes care to ensure that its advertising and product information is accurate, and will correct any incorrect information as soon as possible after it is brought to our attention. We will notify any customers who are affected by such corrections. Where it is necessary, we may cancel an order prior to shipping the product.

 

9. DISPUTE RESOLUTION

Unless prohibited by applicable law, any claim or dispute of any kind arising out of or relating to these Terms of Use, this website, your dealings with Lola & Miguel Inc. in connection with this website (collectively, the “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts).

In any action against us arising from the use of this website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable legal fees.

 

10. GENERAL MATTERS

This Agreement, together with the Privacy Policy and any Additional Terms, is the entire agreement between you and Lola & Miguel Inc. relating to the subject matter herein.

If any provision of these Terms of Use are unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

We may assign our rights and obligations under these Terms of Use. This Agreement will inure to the benefit of our successors, licensees and assigns. You may not assign your rights or obligations under these Terms of Use without our consent. This Agreement will inure to the benefit of your successors and permitted assigns.

The failure of either party to insist upon or enforce the strict performance of the other party with respect to these Terms of Use, or to exercise any right under these Terms of Use, will not be construed as a waiver or relinquishment of such party’s right to assert or rely upon any such provision or right in that instance, or in any future instance; rather, the same will be and will remain in full force and effect.