As of April 15, 2020
The following terms and conditions (these “Terms of Use”) between you (“you”, “your” or “yours”) and S.Love LLC d/b/a LAPOINTE (“LAPOINTE”, “us”, “our” or “we”) describe the terms and conditions on which you may access and use the LAPOINTE website (the “website”) and related services, including LAPOINTE’s product rental and sales services. Please read these Terms of Use carefully before using this website. By accessing this website, you agree to be bound by these Terms of Use.
If you do not agree with these Terms of Use, you may not use the website. These Terms of Use and the information provided herein in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein.
The website’s information data collection and use policies are set forth in the website’s Privacy Policy and Cookie Policy, each of which is incorporated herein by reference.
We shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms of Use or to impose new terms and conditions with respect to access to or use of the website. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. You are responsible for reviewing these Terms of Use periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to these Terms of Use. Any access or use of the website by you after revisions or additions to these Terms of Use shall constitute and be deemed to be your acceptance of such revisions or additions.
Please also read our privacy policy which also governs your use of this website.
A SPECIAL NOTE ABOUT CHILDREN: This website is not intended or directed to anyone under the age of 16. We do not sell or ship any items ordered through this website directly to anyone who we know to be under the age of 16, nor do we collect any personal information from anyone who we know to be under the age of 16. If you are under the age of 16, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to us.
Intellectual Property Ownership and Use
Please be aware that as you visit and navigate this website your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights.
For International website users: The website is hosted in the United States and is intended for and directed to users in the United States. By using this website, you are subjecting yourself to the laws and jurisdiction of the United States.
Trademarks
You may not use any of the LAPOINTE trademarks or trade dress without our prior written permission. Trademarks or trade dress include the LAPOINTE name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of LAPOINTE’s products, services, and programs. Any other trademarks that appear on our website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.
Copyright
All text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the website, as well as the software used to create them, are owned or licensed by LAPOINTE and/or its affiliates and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the website solely for personal, non-commercial purposes related to placing an order or shopping on the website. Any other use of any content included on the website, including linking or framing to this website, is strictly prohibited unless you first obtain our prior written consent.
Linked Third Party Sites
You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from this website to third-party websites, applications and services, and third-party websites may link to the website (“Linked Sites”). Linked Sites are not operated, controlled or maintained by us, and you acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not constitute an endorsement, approval or sponsorship thereof. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences.
Non-Confidential Information
Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. We shall have no obligation to display any submission, compensate you for submitting content, or respond to any submission. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any user content for any reason or no reason.
Errors and Inaccuracies
We always try to provide complete, accurate, up-to-date information on our website. Unfortunately, despite those efforts, human or technological errors may occur. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged, and to change or update information at any time without prior notice. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account.
Although we make every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the display settings and device of the user, and we cannot guarantee that your electronic device will accurately portray the actual colors of the products.
Orders
You may order products from the website only if you have reached the age of majority in your jurisdiction. You agree to pay in full the prices for your purchases, plus any applicable taxes and delivery charges. Certain products and services that you may be able to purchase or download through the website may be subject to additional terms and conditions presented to you during such purchase or download.
Nothing contained on the website shall constitute a binding offer to sell any products displayed herein and all orders are subject to our acceptance. Any time after receipt of your order, we may, in our sole discretion, accept or decline all or part of your order or any future orders. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. You may not purchase our products for resale purposes.
By making a purchase from the website, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to collect on any unpaid debt, to operate our fraud prevention program and to obtain credit card authorization.
Products listed on the website are not guaranteed to be available as products may not be in stock, or may be low in stock, when an order is completed. Prices displayed on the website are quoted in USD and are valid and effective only in the U.S.
Risk of loss and title for products purchased from the website pass to the buyer upon delivery of the products to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.
Returns & Send Back Policy
Our Return Policy, available here, sets forth the terms and conditions regarding return requests and is incorporated into these Terms of Use by this reference.
Registration
Using certain features on this website may require creating an account (“Account”) and submitting personal information (including creating a username and password used to access the Account). You agree to provide only true, accurate, current and complete information.
You agree to accept responsibility for all activities that occur under your Account, if any, and agree you will not sell, transfer or assign your Account or any rights associated with your Account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portions of the website using your Account. We are not under any obligation to verify the actual identity or authority of any person using your Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the website for any reason.
We make no representations or warranties or warranties of any kind, whether express of implied, with respect to this website, its content, or the information, products and services, including our product rental and sale service, and provided “as is” without any express or implied warranties, including, without limitation, the warranties of merchantability, quality or fitness for a particular purpose or use.
Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this website, the services and/or products. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing or other property on account of your access to, use of, or browsing of the website, or your downloading or uploading of any materials, data, text, images, video, or audio from or to the website. If you are dissatisfied with the website, your sole remedy is to discontinue using the website.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Indemnification
You agree to defend, indemnify, and hold harmless us, our subsidiaries, affiliates and vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with your use of the website including, but not limited to, (i) your violation of these Terms of Use, (ii) any allegation that any information on material submitted by you violates any intellectual property rights of any third party, or (iii) any activity related to your Account.
Prohibited Uses
The website may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the website, purchasing products, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the website. We specifically prohibit any use of the website, and you agree not to use the website, for any of the following:
Security
Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences and prosecute any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the website, including, without limitation, the following:
Applicable Law
By visiting our website, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our website. You irrevocably submit to the exclusive jurisdiction of any federal and state court in the City of New York, and agree any action or proceeding arising out of or relating to these Terms of Use will be litigated only in such courts.
Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Use shall not affect the enforceability of those portions of these Terms of Use deemed enforceable by applicable courts of law. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the website. You may not assign these Terms of Use or any of your rights or obligations under these Terms of Use without our express written consent. These Terms of Use insure to the benefit of our successors, assigns and licensees. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.