TERMS OF USE

By visiting www.lolafenhirst.com (the “Site” or “Lola Fenhirst”), you agree to be bound by these Terms of Use, as well as the Privacy Policy.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, OR ANY POSTED GUIDELINES OR POLICIES, PLEASE DO NOT USE THIS SITE. We reserve the right, in our discretion, to update or modify the Terms of Use at any time by posting new terms on the Site. Such changes shall be effective immediately upon posting with the date of the most recent revisions appearing at the top of this page. Your continued use of the Site will constitute Your acceptance of the updated Terms of Use.  

CONTENT

We are the owner/licensee of all intellectual property rights on the Site and the material published on it. This includes all images, illustrations, graphics, designs, layout, photographs, audio, videos, logos, artwork, data, computer code, written and other text or script and other materials contained or displayed on the Site (collectively “Content”).

All Content is protected by copyright, trademark and/or other intellectual property rights owned, controlled or licensed to Lola Fenhirst.  All such rights are reserved. Your use of our Site does not grant You ownership of any Content on our Site.

The Content and the Site are intended solely for Your personal, non-commercial use. You may download or copy downloadable materials displayed on the Site for the sole purpose of placing an order with Us or using the Site as a shopping resource.  No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. Except as stated above, You are not authorized to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software.

THIRD-PARTY WEBSITES

The Site may contain links to websites and resources on the Internet that are unrelated to Lola Fenhirst and which are owned and operated by third parties (“Third-Party Sites”).  Lola Fenhirst does not make any representations or warranties about any Third-Party Sites You may access through the Site. These links are provided solely as a convenience to You and do not constitute an endorsement by or imply that Lola Fenhirst sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses any Third-Party Sites.  Furthermore, We are not responsible for the content of or any products or services offered on any Third-Party Sites. You must make Your own independent decisions regarding Your interactions or communications with any other website.   Material available on or through Third-Party Websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of such Third-Party Sites, and not these Terms of Use, govern Your use of that material.

DISCLAIMER AND LIMITATION OF LIABILITY

Lola Fenhirst attempts to provide accurate and timely information. Sometimes, however,  inadvertent technical or factual inaccuracies and typographical errors may occur, which we reserve the right to correct without notice.

Your use and browsing of, and any reliance by You upon this Site is at Your own risk and You assume responsibility associated with the Site, provided “AS IS.”   Lola Fenhirst disclaims all warranties, conditions, representations and endorsements of any kind, either expressed or implied, with regard to the information accessed including all content and material, functions and services provided on the Site, provided without warranty of any kind, including the warranties concerning availability, accuracy, completeness, usefulness of Content and information, uninterrupted access, and any warranty of title, non-infringement, merchantability or fitness for a particular purpose.

Lola Fenhirst does not warrant that the Site, content, materials or services will be timely, secure, uninterrupted or error free, or that defects will be corrected. If You are dissatisfied with the Site, Your sole remedy is to discontinue using the Site. Any material downloaded or otherwise obtained through the use of the Site is done at Your own risk, and Uou are solely responsible for any damage that may result.

In no event shall Lola Fenhirst, its affiliates or any other respective directors, officers, employees, agents, or content or service providers be liable to You for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or cause of action arising from or in any way related to the use of, or the inability to use, or the performance of the Site or the Content and materials or functionality on or accessed through the Site including, loss of revenue, or anticipated profits or lost business, data or sales or any other type of damage, tangible or intangible in nature. Some jurisdictions do not allow this limitation or exclusion so this may not apply to You.  

GOVERNING LAW AND LIMITATION OF ACTIONS  

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflicts of law rules, and You irrevocably consent, in connection with any action to enforce these Terms of Use or arising out of Your use of the Site, to the jurisdiction of the federal and state courts located in Delaware. No action arising out of these Terms of Use, regardless of form, may be brought by a user more than one (1) year after the cause of action has arisen.