TERMS & CONDITIONS

Welcome to our Terms of Use!

We think this policy stuff is a bit boring, too, but we had to write it like this to avoid any confusion. So, truck on through – we know you’ll make it to the end! 

Last Updated:  August 6, 2020

 

This website, located at www.cocoandlolas.com or any of our affiliated sites including mobile and/or Internet applications or “apps” (collectively, the “Site”), is provided by Jet.com, Inc. dba Coco and Lola’s (Coco and Lola’s, “we,” “our,” or “us”) to the person accessing this Site (“you,” “your”).

 

You Agree to These Terms by Using This Site

Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. Coco and Lola's may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You cannot modify these Terms of Use. These Terms of Use only can be modified in a writing signed by oco and Lola's. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must stop your use and exit the site immediately.

 

Permitted Use of the Site; Termination

 The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing Coco and Lola's or its services and products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.

You agree that Coco and Lola's may, without cause or prior notice, immediately terminate your Coco and Lola's membership, any promotion, accumulated reward or virtual currency associated with your membership and/or email address, access to your membership page, access/participation in any special marketing groups, access to our blog, access to or participation in any promotions or contests, or access to any of our social networking pages, in accordance with these Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your membership may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Coco and Lola's may have at law or in equity.

Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Site, and/or (i) no cause at all. 

Termination of your Coco and Lola's membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in Coco and Lola’s sole discretion.

You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at: info@cocoandlolas.com

 

User-Submitted Content

The Site may, from time to time, offer interactive features that allow users to submit content to the Site. Coco and Lola's does not and cannot review all such content, and is not responsible for such content. 

You acknowledge that by providing the ability to view and distribute user-generated content on the Site, Coco and Lola's is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize Coco and Lola's to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, Coco and Lola's reserves the right to block or remove communications or materials that it determines to be unacceptable to Coco and Lola's in its sole discretion.

By submitting any user-generated content, you hereby grant Coco and Lola's (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are between the ages of 13 and 17 (i.e., not yet 18), you represent and warrant that you have your parents’ permission to make such grants. All content that you submit may be used at Coco and Lola's sole discretion without any obligation of confidentiality.

Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Coco and Lola's employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.

 

Interaction with other Users

You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release Coco and Lola's (and Coco and Lola's officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Notice; Electronic Communications

When you visit this Site, send emails to Coco and Lola's or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with Coco and Lola's.

We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. You may also customize your communication preferences by accessing the email preference center in your Coco and Lola's Membership Page and adjusting your settings accordingly. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.

Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

 

Privacy

Coco and Lola's Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) you transmit to the Site by electronic mail or otherwise will be used by Coco and Lola's in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. We encourage you to read our Privacy Policy for more details.

 

Practices; Typographical Errors; Colors

You acknowledge that Coco and Lola’s may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, the maximum disk space that will be allotted on Coco and Lola’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time. You acknowledge that Coco and Lola’s reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that Coco and Lola’s reserves the right to modify these general practices and limits from time to time. 

In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, Coco and Lola’s reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, Coco and Lola’s shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall Coco and Lola’s be obligated to provide you the merchandise at the incorrect price.

The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, Coco and Lola’s makes no guarantees that any actual colors of products or features will be true or accurate.

 

Third-Party Links

In an attempt to provide increased value to our visitors, Coco and Lola’s may link to sites operated by third parties. However, even if the third party is affiliated with Coco and Lola’s, Coco and Lola’s has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Coco and Lola’s. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Coco and Lola’s specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

Coco and Lola’s does not endorse the content, or any products or services available, on such sites. Nonetheless, Coco and Lola’s seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Any feedback you provide shall be non-confidential and non-proprietary.

 

Intellectual Property

Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, “Contents”) are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by Coco and Lola’s or its affiliates. The Contents, including its trademarks such as Coco and Lola’s Logo, may not be used by you for any commercial purpose without Coco and Lola’s written consent.

All software used on this Site is the property of Coco and Lola’s or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.

 

Copyright Complaints

If you believe that your copyright or other rights have been infringed, please provide the following information to our Designated Agent who can be reached by email at info@cocoandlolas.com

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;

(ii) a description of the copyrighted work or other work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Coco and Lola’s website;

(iv) your address, telephone number, and email address;

(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(vi) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

Export Control

Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

Coco and Lola’s does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.

 

Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the Commonwealth of Delaware, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within New Castle County, Delaware, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

 

Assignment

Coco and Lola’s may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

 

Referral Program

Coco and Lola’s may offer you the opportunity to earn referral rewards by referring friends to join. Those rewards may be awarded to the referrer for qualified referrals that result in new Coco and Lola’s members who make at least one qualified purchase. Referral rewards are not property, have no cash value, and can only be used in connection with making a qualified purchase on the Site. Referral rewards are not transferable, assignable, or sellable. They are not gift certificates, they cannot be used to purchase gift certificates, and they cannot be obtained by purchasing gift certificates. Referral rewards expire six (6) months after they are granted.  Coco and Lola’s reserves the right to revoke referral rewards if we determine that you have engaged in fraudulent referral activity (e.g., inviting yourself to join with a fake email address, using spam to obtain referrals, or acquiring referrals through unsolicited email to persons unknown to you), if you have otherwise violated our referral program terms, or if you have violated the Site’s Terms of Use.

Referral rewards are granted at Coco and Lola’s sole discretion. We reserve the right to amend these guidelines and the methods through which referral rewards are earned at any time without notice to you. For more information about the referral program, please review the full Terms and Conditions at https://www.cocoandlolas.com/pages/terms-conditions