LOL Media, LLC’s Purchase Terms and Conditions
1. Legal and Liability Disclaimer Notice:
a. By using this web-site, you agree to all the terms stated in this document.
b. You affirm that you are either at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions and to abide by and comply with these terms and conditions.
c. This site may include content provided by customers. We are distributor of such content and not its publisher.
d. Our business changes constantly, as does our privacy policy and rules, regulations and FAQ posted on the site, including these terms and conditions. We may or may not e-mail or in other ways provide you with periodic reminders of changes to our policies, but it is your expressed obligation to check the site frequently to see if there are any recent changes to any of our policies or these terms and conditions.
e. We reserve the right to revise these terms and conditions at any time without providing notice. Your continued use of the site, the services (as hereinafter defined) and/or your account shall be deemed an irrevocable acceptance of any such revisions.
f. Any controversy, claim, demand or dispute arising out of or in relation to any portion of this agreement, or the breach thereof, must be resolved by a court located in Virginia.
g. Important! You must be at least 18 years of age to purchase products from LOL Media, LLC.
h. By proceeding to checkout, you agree to accept and be bound by these terms and conditions. Please ensure you read and understand them fully before completing your purchase.
i. These terms and conditions will be prominently displayed and accessible via a hyperlink at the checkout page of our website. We encourage you to review them thoroughly before completing your purchase.
2. Product Use and Legal Compliance:
All products, including ChiroChainsTM, keychains and other items sold by LOL Media, LLC, are intended solely for legitimate uses. You acknowledge that the purchase, use, and ownership of our products may be regulated by local, state, and federal laws. As the purchaser, you assume all responsibility for compliance with all applicable laws and will hold LOL Media, LLC harmless from any claims arising from any legal violations.
3. Certification of Legal Age:
Each order placed via phone or this website is certified to be by individuals who are of legal age in their respective jurisdictions. By placing an order, you represent that the products will be used in a lawful manner and confirm that you are at least 18 years of age.
4. Product Descriptions and Discrepancies:
LOL Media, LLC endeavors to provide accurate product descriptions on our website. However, due to variations in materials from manufacturers, the actual product you receive may differ from its depiction. We rely on manufacturer information for product details and are not responsible for inaccuracies provided by third parties.
5. State-Specific Tax Obligations:
LOL Media, LLC is headquartered in Virginia Beach, Virginia, and complies with the laws of the Commonwealth of Virginia. Customers from certain states might be subject to local taxes not collected by LOL Media, LLC. It is the customer's responsibility to comply with their local tax laws.
6. Tax Notification for Specified States:
Residents of the following states [Alabama, Colorado, Connecticut, Hawaii, Iowa, Louisiana, Oklahoma, South Dakota, Tennessee, Vermont] should be aware that local laws may require them to pay certain taxes directly. LOL Media, LLC does not collect these taxes on your behalf.
7. General Information and Content Changes:
The information on our site is provided for general purposes and is subject to change without notice. We encourage users to check back frequently to see updates or changes to our content.
8. Intellectual Property Rights:
The trademarks, logos, and service marks displayed on this site are the property of LOL Media, LLC or other third parties. These may not be used for any purpose without explicit written permission from the owner of LOL Media, LLC, including but not limited to meta tags or other web uses. Unauthorized use may lead to claims for damages or criminal penalties.
9. Advertising and Marketing Messages on LOL Media, LLC Products:
a. LOL Media, LLC does not assume responsibility for any advertising or marketing statement or claims associated with the products offered, including messages, statements or images printed on ChiroChainsTM products. It is the responsibility of your organization to ensure these claims, messages, statements or images comply with relevant state and federal regulations, including those enforced by the Federal Trade Commission.
b. We recommend consulting with legal counsel to ensure adherence to these regulations. As the purchaser, you agree to accept all responsibility for compliance with all applicable laws and to indemnify and hold harmless LOL Media, LLC from any claims or liabilities arising from any legal violations.
10. Third-Party Links:
Our site may include links to external sites, providing access to third-party material. LOL Media, LLC does not control these external sites and is not responsible for their content. These links do not imply endorsement or credibility of the linked sites, and we caution you to understand the risks involved in accessing these sites.
11. "As Is" Clause:
All content, products, and services provided on this site or through linked sites are offered on an "AS IS" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
12. Disclaimer of Endorsement and Liability:
LOL Media, LLC does not endorse or assume responsibility for the accuracy or reliability of any opinion, advice, or statement made on the site by anyone other than authorized LOL Media, LLC spokespersons.
13. Content Accuracy and Updates:
The content on our website may include inaccuracies or typographical errors. LOL Media, LLC does not commit to updating content and may change it at any time without notice. We do not guarantee the completeness or currentness of any information on our site.
14. Limitation of Liability:
LOL Media, LLC, its affiliates, and their respective officers, directors, employees, or agents shall not be liable for any indirect, punitive, special, incidental, or consequential damages arising from or in connection with the use of our site or any linked site, regardless of prior notice of such possibilities.
15. Service Providers:
LOL Media, LLC may engage third-party companies or individuals to provide services on our behalf. We are not liable for the actions or inactions of these third parties in the provision of these services.
16. Entire Agreement:
These terms constitute the entire agreement between you and LOL Media, LLC regarding the use of the site and supersede all prior communications. Any new contracts or proposals resulting from the use of this site will prevail over these terms if there is a discrepancy.
17. "As Is" Disclaimer:
The materials on LOL Media’s website are provided "as is". LOL Media, LLC disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant the accuracy or reliability of any materials on our website or linked sites.
18. Subscribe & Save Terms & Conditions:
j. Your Monthly subscription will automatically renew every 30 days from your original subscription date, until cancelled.
k. To cancel you must email hello@chirochains.com or cancel on your www.chirochains.com member profile, if this cancellation feature is available.
l. A $150 Cancellation Fee will be charged if you cancel your subscription within 60 days or your original subscription date.
19. Reseller Terms:
m. Resellers are prohibited from selling any LOL Media, LLC products at a price that is lower than pricing listed on LOL Media, LLC’s website, www.chirochains.com, social media pages or any other places published online.
20. Safety Disclaimer:
a. WARNING: CHOKING HAZARD – Some of the items sold through our website or materials shipped in our boxes may not be suitable for children under 3 years. Some items, such as ChiroChainsTM, keychains or packaging materials, may be smaller and might be choking hazards or risk suffocation, if accidently eaten or used by a young child. Keychains and other small items are not intended for usage by kids. Packages are only intended to be opened by adults. Packaging materials should be recycled or discarded after opening.
b. You are solely responsible for determining if ChiroChainsTM, the keychains, activities and messages presented in this website are suitable for your child or children. Please provide appropriate adult supervision for children who will be playing with ChiroChainsTM, keychains or other items on LOL Media, LLC’s website, www.chirochains.com, social media pages or mailed packages.
c. Call Your Doctor or Emergency Services in Case of Emergency. If you think your child may have a medical emergency, call 911 immediately. DO NOT USE THIS WEB SITE FOR MEDICAL EMERGENCIES.
21. Custom Design Services Terms & Conditions:
a. By completing your purchase, you agree to the following Custom Design Terms and conditions:
i. I understand that content may need to be reduced or modified to fit on, ChiroChainsTM, keychains or other LOL Media, LLC products.
ii. I understand that ChiroChainsTM, keychains or other LOL Media, LLC products will not be made until an emailed proof has been approved.
iii. I agree to review and approve the proof via the email address that I’m providing.
iv. I agree to not include copyrighted or trademarked material that we do not own in the artwork uploaded to LOL Media, LLC’s website or emailed to LOL Media, LLC or hello@chirochains.com.
v. I agree not to sell LOL Media, LLC artwork, designs, illustrations, messages or give any of these items to a 3rd party to sell, in any format, without written permission from LOL Media, LLC.
22. Shipping Policy:
a. The LOL Media, LLC will process orders Monday – Friday within 10 days of order being placed.
b. We will ship using primarily USPS priority mail, UPS standards ground shipping and UPS next day shipping. Some products and circumstances may require special shipping in which we will ship using other methods, as needed.
c. Most items should be delivered 12 business days from the ship date.
d. Occasionally, circumstances beyond our control (such as weather, etc.), may cause a delay in shipping. When we become aware of the unusual situations, the buyer will be notified by email.
e. We will always strive to provide the best method of shipping in a cost-effective manner.
23. Cancellation Policy:
a. Buyers may cancel orders with full refund provided that order has not been shipped and a custom proof has not been approved.
b. A cancellation fee of 50% of the total price will be charged for custom orders when a proof has been approved, but the order has not shipped.
c. Buyers cancelling stocked product orders after shipping and orders refused at delivery will incur a 15% restocking fee. Stocked product orders are defined as products that only have a standard LOL Media, LLC design on the product. Any alterations made to this design or additional information added by the customer, such as a customized design on the front or back of a keychain, t-shirt or ChiroChainsTM product, is considered a custom design. Customers who select “No Customization” at Checkout have purchased a Stocked Product.
d. Buyers cancelling custom product orders after shipping and orders refused at delivery will incur a 60% restocking and production fee. Custom product orders are defined as products that contain any alterations made to the design or additional information added by the customer, such as a customized design on the back of a keychain, t-shirt or ChiroChainsTM product. Customers who DO NOT select “No Customization” at Checkout have purchased a Custom Product. Customers who request to add any information, such as a phone number, email address, website address, logo, text, an image or any other information have ordered a custom product.
e. Shipping charges are non-refundable for all cancellations that have been shipped.
24. Return Policy:
a. The LOL Media, LLC wants your experience with us to result in a satisfied and returning customer. We inspect every item before packing to ensure quality control before shipping.
b. If you are not satisfied with the original condition of the product purchased from LOL Media, LLC because of acceptable and reasonable defects in appearance and operation; you may return the product purchased from LOL Media, LLC within 14 days of ship date.
c. Upon receipt of returned items, LOL Media, LLC reserves the right to inspect returned goods. If it is determined that returned item is not defective, a 15% restocking fee will be charged and deducted from refund.
d. To qualify for a refund, you must email us at hello@chirochains.com with a description of the product’s defect, along with a picture of the defects to obtain return instructions. All returns must include the original invoice (no copies), and the RMA number must be written on invoice.
e. Shipping on all returns will be paid by the buyer and must be returned to LOL Media, LLC in the same kind of packaging as originally shipped.
f. Returned items must be shipped in manufacturers packaging with no damage to packaging (boxes, etc.), and items must return to us in the same original condition as was shipped by LOL Media, LLC.
g. Shipping charges are non-refundable.
h. Please allow 2 weeks from date we receive returned merchandise for a credit / refund to be issued. (LOL Media, LLC will offer the buyer the option of replacing the defective item in lieu of a refund).
i. All returns must be shipped via USPS Priority Mail, UPS or FedEx for tracking purposes.
j. LOL Media, LLC assumes no responsibility for loss or damage of returned goods or packaging during return shipments. Therefore, we recommend you purchase insurance from your shipper.
25. Site Terms of Use Modifications:
a. LOL Media’s LLC’s website or https://www.chirochains.com's website may revise these terms of use for its web site at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
26. Term/Termination:
a. LOL Media, LLC may decide at any time in our sole and absolute discretion whether to remove and/or terminate a Customer’s access to the Site, its Services or any Product, for any reason, including but not limited to violations of these Terms & Conditions. We may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to registration or purchase. Such termination is effective when executed by us or upon transmittal by us. However, your obligations of indemnification pursuant to these Terms & Conditions shall survive any termination or the cancellation of Account.
b. Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity and/or enforceability of these Terms & Conditions for the time period prior to your request and during the time period needed for us to reasonably act to comply with your request.
27. Typographical Errors:
a. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, LOL Media, LLC shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. LOL Media, LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, LOL Media, LLC shall issue a credit to your credit card account in the amount of the charge.
28. Proprietary Rights of Content:
a. The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to LOL Media, LLC, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site or Services is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Products or other materials viewed at, on or through the Site or Services. The posting of information or material at or on the Site by us does not constitute a waiver of any right in such information and materials.
29. Indemnification:
a. You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a “Covered Party”), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site, its Services or the Products, (ii) arising from your breach of this Agreement, or (iii) arising from your violation or breach of any term of these Terms & Conditions or any policies, rules or guidelines referenced herein. 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
b. Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity and/or enforceability of these Terms & Conditions for the time period prior to your request and during the time period needed for us to reasonably act to comply with your request.
30. Legal Warning:
a. Any attempt by any individual, whether a customer or otherwise, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services, is a violation of criminal and civil law and we will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
31. Taxes:
a. You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the purchase of products or services on a LOL Media, LLC website, including www.chirochains.com, at the price(s) in effect when such charges are incurred, including without limitation to all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through LOL Media, LLC’s website or directly from LOL Media, LLC, including any district taxes in your jurisdiction.
32. Dispute Resolution:
a. If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and LOL Media, LLC agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Site (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by sending an email to us at hello@chirochains.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
b. Choice of Law and Forum – This Agreement shall be treated as though it were executed and performed in Virginia and shall be governed in all respects by the laws of the Virginia without regard to conflict of law provisions. You agree that any Claim or dispute you may have against us must be resolved by a Federal Court located in Virginia except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Virginia for the purpose of litigating all such claims or disputes.
33. Governing Law:
a. Any claim relating to LOL Media’s LLC’s website or https://www.chirochains.com's web site shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Website.
34. Contact Us:
a. You may contact us at any time to review any of the terms of service.
i. LOL Media’s LLC’s website: https://www.chirochains.com
ii. hello@chirochains.com