This website is owned and operated by Lomëlla LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. You are entering into a legally binding agreement by using our website or buying our products or services. It's important to note that you must also agree to any additional terms, guidelines, or rules that apply to specific sections of the website. If you don't agree to these and any Supplemental Terms, you won't be able to use our website or buy our products or services.  
 
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Lomëlla LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

Indemnification

You agree to indemnify and hold Lomëlla LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

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Site operation- Disclaimer

Lomëlla LLC tries to maintain the Site and ensure its proper functioning. Still, it cannot be held responsible for defects in the Site or its operation. As far as the Site's operation is concerned, Lomëlla LLC disclaims all warranties of any kind, whether express or implied, including, but not limited to, all implied warranties of merchantability or fitness for a particular purpose, title, and non-infringement. Lomëlla LLC does not guarantee that (i) the Site's operation will meet the user's needs; (ii) access to the Site will be uninterrupted, timely, secure, free of viruses, worms, Trojan Horses, or other harmful components, or free of defects or errors; (iii) The results obtained from using the Site will be accurate or reliable; (iv) defects will be corrected. You (and not Lomëlla LLC) are responsible for the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors, or any other problems whatsoever that you may encounter as a result of visiting the Site. The above limitations may not apply to you because some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages.

Limitation of liability

To the maximum extent permitted by applicable law, Lomëlla LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Honolulu, Hawai’i, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Honolulu, Hawai’i]. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Waiver of Class Action; Arbitration Agreement

By agreeing to these terms of use, you are giving up your right to a trial by jury or to participate in a class action. This means that you may only bring claims against the company in your personal capacity and not as a plaintiff or class member in any alleged class or representative proceeding. Any arbitration or other action will be conducted individually, as class arbitrations and class actions are not allowed.

The company and you have mutually agreed that any disputes arising from your use of the website or any content or materials thereon, including products or services, or these terms (including our privacy policy), will be resolved through final and binding arbitration. The arbitration will be conducted in accordance with the rules of arbitration of the American Arbitration Association (AAA) and will apply Hawai'i law, without regard to its conflict of laws rules. These disputes may include those arising from or concerning their interpretation, violation, invalidity, non-performance, or termination.

Entire Agreement

The Terms, our Privacy Policy and if applicable the Order constitute the sole and entire agreement between you and the Company regarding the Website, Products or Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website, Products and Services. 

Waiver and Severability

Lomëlla LLC's failure to enforce any term or condition set out in these Terms should not be considered a waiver of such term or condition or any other term or condition. It should also not be assumed that the Lomëlla LLC has forfeited any of its rights or provisions under these Terms. Suppose a court or other competent tribunal finds any provision of these Terms invalid, illegal, or unenforceable. In that case, such provision will be limited or removed to the minimum extent necessary to ensure that the remaining provisions of the Terms continue to be enforceable.

Contact us 

If these Terms do not address your question, or if you would like to report a violation of our Code of Conduct, please email us at info@lomella.com.

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