Terms of Service

Last Updated: 06/09/2020
Before registering with Lolly Law, you (“User”) must read and agree to this Terms of Service. By using the Lolly Law services (the “Service”), User agrees to these Terms of Service and agrees that it is enforceable as if it were a written negotiated agreement signed by Lolly Law (“LollyLabs”) and User.AGREEMENT TO TERMSThese Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Leve, LLC, doing business as Lolly Law (“Lolly Law”, “we”, “us”, or “our”), concerning your access to and use of the http://www.lollylaw.com webService as well as any other media form, media channel, mobile webService or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”). You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE Service AND YOU MUST DISCONTINUE USE IMMEDIATELY.Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Service after the date such revised Terms of Use are posted.   

The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

 

The Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Service. 

 

INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, webService designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Service “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Service, the Content and the Marks.

 

DESCRIPTION OF SERVICE

 

‘LollyLaw’ is a web-based case management application from LollyLabs. ‘Client Bridge’ is a web-based portal that facilitates collaboration between the users and their customers. It provided questionnaires, forms, file sharing and other features. ‘ReForm’ is a web-based form-filling tool.

 

The Service is provided on an AS IS and AS AVAILABLE basis. There are no guarantees as to the outcome of cases or legal work performed despite the use of the Service.  LollyLabs reserves the right to refuse or discontinue service to anyone at any time without notice for any reason. All users who access the Service agree to abide by the terms as set forth in this agreement.

 

ELIGIBILITY

 

  1. User must be at least thirteen (13) years old to use this Service.
  2. A valid payment method is required for use of the Service after the end of any trial period and will be billed on a month-to-month or annual basis.
  3. Internet access, by User, is required to utilize Service.

 

USER REPRESENTATIONS

 

By using the Service, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Service through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Service for any illegal or unauthorized purpose; and (7) your use of the Service will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 

 

USER REGISTRATION

 

You may be required to register with the Service. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

USER RIGHTS & RESPONSIBILITIES

 

All data entered into Service under User’s account is the exclusive property of User. Data that uploaded or entered into an account is treated as confidential, and will not be used or disclosed to anyone, except as set forth in this Agreement. User grants LollyLabs access and use of such information: (a) to address technical problems, provide support, assess system or other business purposes; (b) for any use with User’s consent; or (c) as may be required to comply with applicable law. User data entered into account is treated as confidential; access to such data is subject to the terms of this Agreement. LollyLabs claims no ownership rights (by express or implied lien, operation of law, or otherwise) in any data that is uploaded to the account. However, User’s access and availability to the data is subject to the terms and conditions contained in this Agreement.

 

User is responsible for: maintaining the confidentiality of User’s Service login password; the accuracy of data entered and data uploaded; all activities that occur under User’s account; fulfilling with the terms of payment; internet access allowing use of Service; maintaining local hardware; protection against any viruses, malware, or security threats at User’s Service; and all other duties as established by this Terms of Service agreement.

 

User may stop using the Service at any time. However, User shall not be relieved of any obligation to pay any outstanding fees if use of the Service stops. User may cancel subscription at any time through the Service’s automated subscription management features. This is the only recognized means by which User may elect to cancel their subscription and close their account. Cancellation of subscription by the User does not remove any remaining liabilities or fees owed by the User. Prior to cancellation, User will either have access to tools to export their account data or request an export of said data. User may request this export, and or additional work which requires resource allocation, including alternate file type for export and/or custom export, from the LollyLabs to facilitate a transition. User agrees to be invoiced for such additional work and resource allocation performed by the LollyLabs pursuant to the terms of this agreement for facilitated services.

 

LOLLYLABS RIGHTS & RESPONSIBILITIES

 

LollyLabs owns all rights, title, and interest in and to Service, including all intellectual property rights. User agrees to not copy, reproduce, alter, modify or create derivative works from the Service. Reproduction, alteration, and publication of anything related to Service is unauthorized without prior written consent LollyLabs.

 

LollyLabs reserves the right to make updates to Service as needed. If for any reason an update alters the software in such a way as to warrant communication with User, such communication will be sent via email notification.

In providing support to User, LollyLabs reserves the right to request sufficient evidence to establish a requestor’s authorization and access to User’s account prior to offering support or discussing User’s information.

 

LollyLabs may monitor account activity for any Restricted Actions and suspend or terminate User’s access to Service and this Agreement should it be determined that User engaged in such actions. LollyLabs may at any time and for any reason suspend or terminate User’s access to Service and this Agreement. In the event of termination, User’s account will be disabled, preventing access to account and any content therein by User. Once terminated, a User’s account and content is subject to deletion. Upon termination, a reasonable period of time will be provided to User to reactivate account or submit a written request to recover content data.

 

LollyLabs shall have the right to immediately terminate this Agreement if User fails to perform any obligation required of User under this Agreement or does not abide by the Terms of Service or if User bankrupt or insolvent. The provisions of this agreement shall survive any termination of this Agreement. 

 

TRIAL PERIOD

 

Users may be granted a trial period of a set duration. LollyLabs reserves the right to modify or revoke access to features or the duration of this trial period at any time and without notice.  Upon expiration or termination of the trial, the user or organization will no longer have access to the Service unless they activate a subscription. The trial period is assigned to an individual user or organization and not to a particular email address. The trial period is not transferable or re-assignable.  The trial period is not intended to be assigned on a per email basis by which a single user may extend or replicate access to the service beyond the trial period. Individuals or organizations who access the service beyond their initial trial period, either by creating new accounts or other means, agree to the payment terms of this service and agree to be invoiced at the full subscription rate per user and servicing costs. The user or organization may end their trial at any time by either activating their account or choosing to end the trial period.

 

FEES AND PAYMENT

 

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Service. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

 

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. 

 

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Service.

 

The term of subscription begins on the date you activate your account and runs on a month-to-month or annual basis (“Subscription”). Subscription fees are due prior to use of Service. 

 

By providing payment information, you expressly authorizes LollyLabs to charge all fees incurred in connection with the account. These fees are based on the number of active users in the account. All fees are exclusive of any taxes or duties imposed by governing authorities. Fees include a $0.25 credit card security and validation charge that will be applied the first time any new credit card is applied to the account.  You are responsible for payment of any such taxes or duties.

 

You may cancel anytime by disabling account via Service’s subscription management settings. There are no pro-rated credits or refunds for cancellations that occur during a period. There are no refunds or credits for partial months of service, mid-month inactivation of users, or for any unused time with an open account. Cancellation of subscription does not remove any pre-existing charges or money owed by the User.

 

Payments for use of Service is processed through third-party providers. You authorize the sharing of any credit card and related billing information with third-party providers for payment processing. LollyLabs does not assume any responsibility for any use or disclosure by any such third-party provider.

If for any reason the payment method fails, and after a grace period during which the User is notified, should timely payment not be received, User’s access to account may be suspended. If the account is not reactivated within a subsequent 5 day grace period by User making payment for Service, the account may be subject to a $200 reactivation fee. 

 

Balance Owing. All amounts due and owing to LollyLabs but not paid by User shall bear the interest of eighteen percent per year (18%), accrued monthly, from the date owing until paid. 

 

FREE TRIAL

 

We offer a 14-day free trial to new users who register with the Service. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial.

 

CANCELLATION

 

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at support@lollylaw.com or call us at 530-535-8565.

 

TITLE TO SOFTWARE

 

LollyLabs retains title to and ownership of the Software and all enhancements, modifications and updates of the Software.

 

FACILITATED SERVICES, MODIFICATIONS AND ENHANCEMENTS

 

  1. User will make no efforts to reverse engineer the Software or Service, or make any modifications or enhancements without LollyLabs’s express written consent.  
  2. LollyLabs may perform specific software customizations for the User at the request of the User. These custom modifications and enhancements would be subject to additional costs and must be approved by both LollyLabs and User in a separate agreement. 
  3. LollyLabs may perform facilitated data migration and rationalization for the User at the request of the User. These consulting services would be subject to additional costs and must be approved by both LollyLabs and User in writing. 
  4. LollyLabs may perform specific customization and configuration for the User at the request of the User. These customizations and configurations would be subject to additional costs and must be approved by both LollyLabs and User in writing.
  5. LollyLabs may perform custom development and digital design on a project basis at the request of the User. These technical services would be subject to additional costs and must be approved by both LollyLabs and User in writing. 

 

SERVICE MONITORING & REASONABLE LIMITS

 

  1. LollyLabs will perform monitoring of systems supporting the Service including, but not limited to, bandwidth consumption, file storage volume, server gets/puts, user logins, and database utility. To deliver the Service to User, Leve LLC anticipates the expected usage, cost to maintain, and factors those into a price for the Service. In order to maintain optimal operation of the Service, LollyLabs may determine reasonable usage metrics and set thresholds. LollyLabs may, after notifying the User, qualify the User’s subscription level to be of the next subscription tier based on the features offered that would accommodate the sustained level of use of the Service.  
  2. Data storage offered through the Service is optional. LollyLabs allocates a portion of data storage space for User to use as part of the Service. The amount of storage may vary by subscription tier. When this space is consumed, the User must purchase additional storage space in order to increase the volume of space available to them.
  3. The Client Bridge, when made accessible by subscription tier, gives the User the ability to share features with other parties. When using the Client Bridge, additional costs are created on the Service. To deliver the Client Bridge to User and the other parties, Leve LLC anticipates the expected usage, cost to maintain, and factors those into a price for the Client Bridge. In order to maintain optimal operation of the Client Bridge, LollyLabs may determine reasonable user limit and set thresholds.  LollyLabs may, after notifying the User, qualify the User’s subscription level to be of the next subscription tier based on the features offered that would accommodate the sustained level of use of the Client Bridge.

 

RESTRICTED ACTIONS

 

Service is not be used for: (a) any independent licensing, sublicensing, renting, leasing, or other kind of resale; (b) any distribution of “spam”; (c) sending, storing or uploading any obscene, unlawful or infringing material, or violating anyone’s rights; (d) sending, storing, or uploading any malicious code, viruses, or the like, or doing anything that disrupts the performance of the application generally; (e) impersonating anyone, including LollyLabs personnel; (f) providing support or resources to organizations designated by the United States government as terrorist organizations; (g) attempting to gain unauthorized access to our servers or customers; or (h) any unlawful activity or prohibited use. Service is not to be accessed in any way other than authorized login interface.

User will treat the Software as a trade secret and proprietary know-how belonging to LollyLabs that is being made available to User in confidence. User agrees to treat the Software with at least the same care as it treats its own confidential or proprietary information. User with access to the Software must not misuse the Service or Software.  For Example, User must not:

(a) copy, modify, host, sublicense, or resell the Services;

(b) enable or allow others to use the Service or Software using your account information; 

(c) use the content or Software included in the Services to construct any kind of database;

(d) access or attempt to access the Services by any means other than the interface we provided or authorized;

(e) circumvent any access or use restrictions put into place to prevent certain uses of the Services;

(f) Share content or engage in behavior that violates anyone’s Intellectual Property Right

(g) attempt to disable, impair, or destroy the Services, software, or hardware;

(h) disrupt, interfere with, or inhibit any other user from using the Services, or

(i)  violate applicable laws.

 

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  

 

As a user of the Service, you agree not to:

 

  1. Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. Use a buying agent or purchasing agent to make purchases on the Service.
  4. Use the Service to advertise or offer to sell goods and services.
  5. Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.
  6. Engage in unauthorized framing of or linking to the Service.
  7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  8. Make improper use of our support services or submit false reports of abuse or misconduct.
  9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  10. Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
  11. Attempt to impersonate another user or person or use the username of another user.
  12. Sell or otherwise transfer your profile.
  13. Use any information obtained from the Service in order to harass, abuse, or harm another person.
  14. Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise.
  15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
  16. Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
  17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
  18. Delete the copyright or other proprietary rights notice from any Content.
  19. Copy or adapt the Service’s software, including but not limited to HTML, JavaScript, or other code.
  20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
  21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software.
  23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.
  24. Use the Service in a manner inconsistent with any applicable laws or regulations.

 

USER GENERATED CONTRIBUTIONS

 

The Service may invite you to chat, contribute to, or participate in note logs, blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Service and through third-party webServices. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

 

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Service, and other users of the Service to use your Contributions in any manner contemplated by the Service and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Service and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

 

Any use of the Service in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Service.

 

THIRD PARTY ACCOUNTS

 

As part of the functionality of the Service, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Service; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Service via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Service. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Service. You will have the ability to disable the connection between your account on the Service and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Service. You can deactivate the connection between the Service and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

 

THIRD-PARTY WEBServiceS AND CONTENT

 

The Service may contain (or you may be sent via the Service) links to other webServices (“Third-Party WebServices”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party WebServices and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party WebServices accessed through the Service or any Third-Party Content posted on, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party WebServices or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party WebServices or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third-Party WebServices or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any webService to which you navigate from the Service or relating to any applications you use or install from the Service. Any purchases you make through Third-Party WebServices will be through other webServices and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party WebServices and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party WebServices.

 

 

U.S. GOVERNMENT RIGHTS

 

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software of technical data under these Terms of Use.

 

SERVICE MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

  

PRIVACY POLICY

 

We care about data privacy and security. Please review our Privacy Policy: https://www.lollylaw.com/privacy-policy/. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Service is hosted in the United States. If you access the Service from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Service, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

 

COPYRIGHT INFRINGEMENTS

 

We respect the intellectual property rights of others. If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Service infringes your copyright, you should consider first contacting an attorney.

 

 

TERM AND TERMINATION

 

These Terms of Use shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE Service (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE Service OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

 

MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.  

 

We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

 

LIABILITY LIMITATIONS


LollyLabs makes no warranties or representations of any kind with respect to Service, either express or implied, including any warranties of merchantability, fitness for a particular purpose, or non-infringement, each of which is hereby expressly disclaimed.

LollyLabs is not liable for any damages arising from Users use of Service. In the event User suffers damages from use of Service, the exclusive remedy with respect to Service shall be to discontinue and terminate use accordance with the proper cancellation of account procedures mentioned in this agreement. Service may provide functionality that facilitates access to other third party applications or services. LollyLabs does not assume any responsibility for the operation or support of such applications, the terms and conditions for use of those services are set by their respective providers.

 

Damage Limitations. Neither party shall be liable to the other for indirect, special, consequential or incidental damages, including loss of profits. 


LollyLabs makes no guarantees to the outcome of any legal processes, applications, petitions, proposals or business functions through the course of Users use of the Service.

 

ASSIGNMENTS / NOTICES

 

LollyLabs may assign rights or delegate duties without User’s consent so long as such action does not have an adverse effect on the functionality of User’s account; Conversely, User may not assign any rights without prior written consent from LollyLabs.

 

 

GOVERNING LAW

 

These Terms of Use and your use of the Service are governed by and construed in accordance with the laws of the State of Idaho applicable to agreements made and to be entirely performed within the State of Idaho, without regard to its conflict of law principles.

 

 

DISPUTE RESOLUTION

 

 

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. 

 

The Parties hereby agree to waive their respective rights to trial by jury in any action or proceeding involving this agreement or any transaction relating to the agreement and agree to submit any dispute under this Agreement to binding arbitration under the rules of the American Arbitration Association in the following location: Meridian, ID. Judgement upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so. The parties agree that this agreement and al amendments, modification, alterations or supplements, addendums, shall be interpreted, construed and enforced according to the laws of Idaho. The parties agree and accept that the exclusive jurisdiction of any disputes or disagreements will be resolved in the jurisdiction of Idaho. The parties agree that the venue for any disputes is in Ada County, Idaho.

 

This Agreement shall be interpreted and construed in accordance with the laws of the State of Idaho. Any dispute arising out of, or relating to, this Agreement that has not been resolved after a reasonable attempt by the parties, and which does not directly relate to the: (a) enforcement of our intellectual property rights; or (b) claim for injunctive relief shall be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitration shall be conducted in Boise, Idaho, unless otherwise mutually agreed. Any action outside of the scope of arbitration shall be brought exclusively in courts situated in Boise, Idaho, and you consent to the exclusive jurisdiction of such courts. It is agreed that should LollyLabs be the prevailing party in any litigation or arbitration, LollyLabs shall be entitled to recover reasonable legal fees, costs and disbursements from the non-prevailing party.

 

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA webService www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Ada, Idaho, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

 

In no event shall any Dispute brought by either Party related in any way to the Service be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

RESTRICTIONS

 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

CORRECTIONS

 

There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

 

 

DISCLAIMER

 

THE Service IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE Service AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Service AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE Service’S CONTENT OR THE CONTENT OF ANY WEBServiceS LINKED TO THE Service AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Service, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Service, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE Service BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Service. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Service, ANY HYPERLINKED WEBService, OR ANY WEBService OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

 

LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE Service, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

 

INDEMNIFICATION

 

 

You agree to defend, indemnify, and hold LollyLabs harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Service; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Service with whom you connected via the Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

 

USER DATA

 

We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE Service. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

 

CALIFORNIA USERS AND RESIDENTS

 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

 

MISCELLANEOUS

 

These Terms of Use and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Service. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

 

RESPONSE TO LEGAL PROCESS

 

In the event we are served with a legal request to produce or disclose any account data (such as via subpoena or court order) we will comply with local laws and make reasonable attempt to notify the affected Account with notice of the disclosure request so as to provide such users with the opportunity to promptly intervene, unless we are specifically prohibited from doing so by law. We reserve the right to take any action that is necessary to comply with law, to protect our rights, or to protect the rights of our other subscribers.

 

WARRANTY LIMITATIONS

 

THE SOFTWARE IS PROVIDED “AS IS.” LICENSOR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LICENSOR SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ANY ACTIONS RESULTING FROM USER’S USE OF ANY SERVICES OR SOFTWARE. USER MAY USE AND ACCESS THE SERVICES OR SOFTWARE AT USER’S DISCRETION AND RISK, AND USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE USE AND ACCESS OF ANY SERVICE OR SOFTWARE.

 

GENERAL PROVISIONS

(a) Complete Agreement: This Agreement Agreement together with all schedules referred to in this Agreement, all of which are incorporated herein by reference, constitutes the sole and entire Agreement between the parties. This Agreement supersedes all prior understandings, agreements, representations and documentation relating to the subject matter of this Agreement. 

(b) Modifications: Modifications and amendments to this Agreement, including any exhibit, schedule or attachment hereto, shall be enforceable only if in writing and signed by authorized representatives of both parties.

(c) Applicable law: This Agreement will be governed by the laws of the State of Idaho.

(d) Notices: All notices and other communications given in connection with this Agreement shall be in writing and shall be deemed given as follows:

– When delivered personally to the recipient’s address as appearing in the introductory paragraph to this Agreement;

– Three days after being depoServiced in the United States mail, postage prepaid to the recipient’s address as appearing in the introductory paragraph to this Agreement; or

– When sent by fax or telex to the last fax or telex number of the recipient known to the party giving notice. Notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first-class or certified mail or the recipient delivers a written confirmation of receipt.

-When sent via email to User.

 (e) No Agency: Nothing contained herein will be construed as creating any agency, partnership, joint venture or other form of joint enterprise between the parties. 

(f) Confidentiality.  Agreement shall not disclose to any third party the contents of this Agreement, the communication between the Agreement and Licensor, the business of the Licensor, details regarding the details or code of the software, or any modifications of the software.

(g)  Severability.  Should any provision of this Agreement be deemed by a court of competent jurisdiction to be illegal, void or otherwise unenforceable, such provision shall be severed from the rest of this Agreement and the rest of this Agreement shall remain in full force and effect and be binding on the parties as though the provision had never been included.

(h) Service Disputes. All performance failure(s) by LollyLabs shall be submitted in writing via email to ‘support@lollylaw.com’ by the User within thirty (30) days of the event.  Failure to give notice within thirty (30) days of the failure(s) will result in the waiving of any obligation of LollyLabs to correct or remedy such performance failure(s). LollyLabs shall be given thirty (30) days to cure any error, defect, deficiency, or other performance failure(s) within the services before User has the right to file any legal action or arbitration as outlined herein.

(i) Remedy Limitations. LollyLabs’s entire liability and User’s sole and exclusive remedy for breach of the foregoing warranty shall be Licensor’s option to: (1)  repair the defects or provide workaround in Software. 

 

MISCELLANEOUS

 

LollyLabs may modify this Agreement from time to time and such modification shall be automatically effective upon posting in the application or on the company domain of lollylaw.com. Continued use of the service after the posting of a revised Agreement constitutes your acceptance of the revised Agreement.

 

This Agreement constitutes the entire agreement between the parties regarding the subject matter contained herein and supersedes all prior and contemporaneous undertakings and agreements, whether written or oral. In the event that any provision of this Agreement is held illegal, void or ineffective, the remaining portions will remain in full force and effect. The failure of LollyLabs to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision.

 

The Service is controlled, operated and administered by LollyLabs from its offices within the United States of America. Data used in connection with the application, and the application itself, is hosted on servers physically located in the United States. We make no representation that the application is appropriate or available for use at other locations outside the United States. If you access the application from a location outside the United States you are responsible for compliance with all applicable local laws, including, but not limited to, the export and import regulations of other countries. You agree that use of the Service is subject to the United States Export Administration Laws and Regulations.

 

CONTACT US

 

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:

 

LollyLabs

176 E Calderwood Dr

Ste 150

Meridian, ID 83642

United States

Phone: 5305358565

support@lollylaw.com