Conditions of Use

Last updated: July 4th, 2022

Welcome to Lagruni.com. Lagruni.com Services LLC and/or its affiliates ("Lagruni ") provide website features and other products and services to you when you visit or shop at Lagruni.com, use Lagruni products or services, use Lagruni applications for mobile, or use software provided by Lagruni in connection with any of the foregoing (collectively, "Lagruni Services "). By using the Lagruni Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.

Please read these conditions carefully.

We offer a wide range of Lagruni Services, and sometimes additional terms may apply. When you use an Lagruni Service (for example, Your Profile, Gift Cards, Lagruni Video, Your Media Library, Lagruni devices, or Lagruni applications) you also will be subject to the guidelines, terms and agreements applicable to that Lagruni Service ("Service Terms "). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Lagruni Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Lagruni Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Lagruni Services, such as our Message Center, and you can retain copies of these communications for your records. 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 in or made available through any Lagruni Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Lagruni or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Lagruni Service is the exclusive property of Lagruni and protected by U.S. and international copyright laws.

TRADEMARKS

Click here to see a non-exhaustive list of Lagruni trademarks.In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Lagruni Service are trademarks or trade dress of Lagruni in the U.S. and other countries. Lagruni 's trademarks and trade dress may not be used in connection with any product or service that is not Lagruni 's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lagruni. All other trademarks not owned by Lagruni that appear in any Lagruni Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lagruni.

PATENTS

One or more patents owned by Lagruni apply to the Lagruni Services and to the features and services accessible via the Lagruni Services. Portions of the Lagruni Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Lagruni patents and applicable licensed patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Lagruni or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Lagruni Services. This license does not include any resale or commercial use of any Lagruni Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Lagruni Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Lagruni or its licensors, suppliers, publishers, rightsholders, or other content providers. No Lagruni Service, nor any part of any Lagruni Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Lagruni. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lagruni without express written consent. You may not use any meta tags or any other "hidden text "utilizing Lagruni 's name or trademarks without the express written consent of Lagruni. You may not misuse the Lagruni Services. You may use the Lagruni Services only as permitted by law. The licenses granted by Lagruni terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Lagruni account to use certain Lagruni Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Paymentsto manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Lagruni does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Lagruni Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Lagruni Household. Alcohol listings on Lagruni are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Lagruni reserves the right to refuse service, terminate accounts, terminate your rights to use Lagruni Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam "or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Lagruni reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Lagruni a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Lagruni and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Lagruni for all claims resulting from content you supply. Lagruni has the right but not the obligation to monitor and edit or remove any activity or content. Lagruni takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Lagruni respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement

RISK OF LOSS

All purchases of physical items from Lagruni are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Lagruni does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Lagruni does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.

PRODUCT DESCRIPTIONS

Lagruni attempts to be as accurate as possible. However, Lagruni does not warrant that product descriptions or other content of any Lagruni Service is accurate, complete, reliable, current, or error-free. If a product offered by Lagruni itself is not as described, your sole remedy is to return it in unused condition.

PRICING

"List Price "means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Lagruni and other retailers. Certain products may have a "Was Price "displayed, which is determined using recent price history of the product on Lagruni.

With respect to items sold by Lagruni, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Lagruni is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS

When you use apps created by Lagruni, such as the Lagruni App or Seller App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here.

SANCTIONS AND EXPORT POLICY

You may not use any Lagruni Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Lagruni Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Lagruni Software), technology, and services.

OTHER BUSINESSES

Parties other than Lagruni operate stores, provide services or software, or sell product lines through the Lagruni Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Lagruni. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Lagruni does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE Lagruni SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Lagruni SERVICES ARE PROVIDED BY Lagruni ON AN "AS IS "AND "AS AVAILABLE "BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Lagruni MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Lagruni SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Lagruni SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Lagruni SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, Lagruni DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Lagruni DOES NOT WARRANT THAT THE Lagruni SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Lagruni SERVICES, Lagruni 'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Lagruni ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Lagruni WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Lagruni SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Lagruni SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Lagruni Service will be adjudicated in the state or Federal courts in King County, Washington, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

APPLICABLE LAW

By using any Lagruni Service, you agree that applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Lagruni.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Lagruni Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

 

Lagruni.com, Tempe, AZ 85281

https://www.Lagruni.com

 

ADDITIONAL LAGRUNI SOFTWARE TERMS

The following terms (“Software Terms ”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Lagruni Services (the "Lagruni Software ").

  1. Use of the Lagruni Software:You may use Lagruni Software solely for purposes of enabling you to use the Lagruni Services as provided by Lagruni, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Lagruni Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Lagruni Software in whole or in part. All software used in any Lagruni Service is the property of Lagruni or its software suppliers and is protected by United States and international copyright laws.
  2. Use of Third Party Services:When you use the Lagruni Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering:You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Lagruni Software, whether in whole or in part.
  4. Updates:We may offer automatic or manual updates to the Lagruni Software at any time and without notice to you.
  5. Government End Users:If you are a U.S. Government end user, we are licensing the Lagruni Software to you as a "Commercial Item "as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. §2.101), and the rights we grant you to the Lagruni Software are the same as the rights we grant to all others under these Conditions of Use.
  6. Conflicts:In the event of any conflict between these Conditions of Use and any other Lagruni or third-party terms applicable to any portion of Lagruni Software, such as open-source license terms, such other terms will control as to that portion of the Lagruni Software and to the extent of the conflict.
  7. Suspensions:Terminations and Suspensions by Lagruni Lagruni reserves the right to suspend or terminate your account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, Lagruni or our Affiliates. Notice for Termination or Suspension We will notify you with the reason for termination or suspension by Lagruni unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, Lagruni or our Affiliates.

 

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

Lagruni accepts service of subpoenas or other legal process only through Lagruni ’s national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:

 

Lagruni.com, 2398 E Camelback Rd UNIT 1020, Phoenix, AZ 85016 –Legal Process

 

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Lagruni devices; and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

 

Copyright Agent Lagruni.com Legal Department Scottsdale, AZ phone: (206) 266-4064 e-mail: adam@Lagruni.com Courier address: Copyright Agent Lagruni.com 2398 E Camelback Rd UNIT 1020, Phoenix, AZ 85016

 

Written claims concerning copyright infringement must include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A 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; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner 's behalf.

 

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