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):
- restricting the timing this website is available;
- restricting your usage volume; and/or
- restricting or terminating any user’s right to use 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.
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:
- You represent that you are eighteen years of age (18) or older.
- 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.
- You are responsible for maintaining the confidentiality of the password associated with your user account.
- You are fully responsible for all activities that occur in connection with your account.
- You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
- You agree to ensure that you exit from your account at the end of each session.
- 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:
- is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, profane or otherwise inappropriate;
- includes personal or identifying information about another person without that person’s explicit consent;
- 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;
- 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
- 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.
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
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
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