These Terms of Use apply only to the web site(s) owned (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or controlled by Lollipop Rooster or any of its related, affiliated or subsidiary companies ("Company," “Lollipop Rooster”, "we," "our" or "us") or other interactive features that are accessible or downloadable through the web sites owned or controlled by Company and that post a link to this Privacy Policy (collectively, the "Web Sites"). 

Company provides the Web Sites as a service to its customers. Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Web Sites constitutes your agreement to follow and be bound by those terms (the “Agreement”). If you do not agree to these terms, please do not use this site. Although you may “bookmark” a particular portion of the Web Sites and thereby bypass this Agreement, your use of the Web Sites still binds you to the terms. We may from time to time change the terms that govern your use of our Web Sites. Since Company may revise this Agreement at any time, you should visit this page periodically to review the terms of your use.

 

Privacy

Please review our Privacy Policy, which also governs your visit to the Web Sites to understand our practices. When you visit the Web Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Copyright

All content included on the Web Sites, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of Company or its content suppliers and protected by international copyright laws. The compilation of all content on the Web Sites is the exclusive property of Company and protected by domestic and international copyright laws. All software used on the Web Sites is the property of Company or its software suppliers and protected by domestic and international copyright laws.

 

Trademarks

Company’s graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, word marks or trade dress of the Company in the United States and all other applicable territories. Company’s trademarks and trade dress may not be used in connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company or the Company’s products.  All other trademarks not owned by Company that appear on the Web Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.

 

Web Site Contents

Occasionally there may be information on the Web Sites that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you. You understand and accept that all materials, including text, images, illustrations, designs, icons, photographs, video clips and other materials that are part of the Web Sites (collectively, the “Contents”) are owned by the Company. You are expressly prohibited from using any Content without the express written consent of the Company. The Web Sites and all Contents are intended solely for personal, non-commercial use. You may not 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 Contents, the Web Sites or any related software. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials.

 

User Comments, Feedback, & Other Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or by the Web Sites or otherwise disclosed, submitted or offered in connection with your use of the Web Sites (collectively, the “Comments”) shall be and remain the Company’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Web Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Web Sites will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.  

 

Acceptable Use

You will not use the Web Sites to:

• Upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available: (i) any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of Company, its principles or affiliates), anything that adversely affects the Company's business such as discouraging any person or entity from advertising with, linking to or supplying Company, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Company's sole discretion; (ii) information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right; (iii) material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user's uninhibited use and enjoyment of the Web Sites, interferes with or disrupts the Web Sites or servers or networks connected to the Web Sites, or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Sites; (iv) information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Web Sites, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Web Sites; or (v) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," requests for money, petitions for signature, or any other form of solicitation; Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity;

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

• Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

• Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user;

• Use or attempt to use another's information, account, password, service or system except as expressly permitted;

• Solicit or collect personal data including without limitation, telephone numbers, addresses, last names, financial information, passwords, codes, or email addresses, about other users.

You represent, warrant and agree that you will comply with the above acceptable use policy.

 

To Other Websites and Services

The Web Sites may contain links to other websites that are not affiliated with Company or otherwise under the control of Company. Company has no responsibility for the linked websites nor does it necessarily endorse the linked websites.  Company provides the links solely for the convenience and information of its Web Site users.

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Mobile Use 

The Site may be available with mobile use. Not all carriers and devices are supported. Your use of the Site may be subject to the terms and conditions of your agreements with your mobile device manufacturer and your carrier.

 

Programs and Promotions

The Web Sites may contain or offer programs, sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the program, sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest or promotion.

 

Disclaimer of Warranties

THE WEB SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITES, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITES; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITES BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITES OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE WEB SITES, ANY OF THE WEB SITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITES OR THE CONTENT. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

COMPANY, ITS SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

Disclaimers/Limitation of Liability

YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITES AS SET FORTH BELOW:

UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITES, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITES OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEB SITES' TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITES). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.

YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, VIDEO, FILM OR OTHER CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, VIDEO, FILM OR OTHER CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

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Medical Waiver

You recognize and confirm that the web sites do not provide medical advice, information or recommendation of any kind and company expressly disclaims that it is providing any such advice, information or recommendation.  the statements on the web sites have not been evaluated by the Food and Drug Administration.  This product is not intended to diagnose, treat, cure or prevent any disease. If you suspect you have a medical problem, or if you have any health-related questions, please consult with your physician or other health care provider. You should also consult your healthcare provider about any interactions between any medication you are currently taking and nutritional supplements, food items. The products and the claims made about specific products on or through this Website have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.

 

BY ACCESSING ANY OF THE WEB SITES, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING A RELEASE, AND WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE RELEASEE.

 

Indemnification

You agree to defend, indemnify and hold Company and third party service providers who develop/host the Web Sites and their affiliates and their respective officers, directors, employees, representatives and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Web Sites.

 

Termination

This Agreement is effective unless and until terminated by either you or Company. You may terminate this Agreement at any time. Company also may terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny you access to the Web Sites, if in Company’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Company, you must promptly destroy all materials, downloaded or otherwise, obtained from the Web Sites, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

 

Governing Law

THESE TOU AND THE INTERPRETATION OF THESE TOU SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

 

Jurisdiction and Venue 

You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms of Use and/or the Web Sites. Any controversy or claim arising out of or relating to these Terms of Use and/or the Web Sites shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Oregon and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Section of these Terms of Use and/or for entering any judgment on an arbitration award, shall take place in the City of Portland. You waive the defense of forum non conveniens.