Last Updated: June 23, 2026​

Lena Cole LLC provides you with access to www.thecupcakegirlshop.com, our website (the “Website”), social media platform, online service or one of our other services or sites, all of which are part of Lena Cole LLC’s services (“Services”) subject to the following Terms of Use (the “Terms”):

​This Website is intended solely for use in the United States. 

“You” or the “User” refers to you, as a user of our Website or our Service. ​BY ACCESSING OR USING THE SERVICES IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS OR SUBMIT INFORMATION TO LENA COLE LLC, YOU ARE AGREEING TO THE TERMS AS WELL AS THE PRIVACY POLICY, AS THEY MAY BE UPDATED OR CHANGED FROM TIME TO TIME.  IF YOU OBJECT TO ANY TERM OR CONDITION OF THESE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SERVICES AND YOU SHOULD NOT AGREE TO PROVIDE SUBMISSIONS OR INFORMATION TO LENA COLE LLC. PLEASE READ THE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT LIMIT OUR LIABILITY TO YOU. WE MAY CHANGE THESE TERMS AT ANY TIME WITHOUT NOTICE, EFFECTIVE UPON POSTING UPDATED TERMS TO THE WEBSITE. YOUR CONTINUTED USE OF THE WEBSITE AND/OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE TERMS. ​

These Terms create a legally binding agreement between you (the “User”) and Lena Cole LLC (referred to as “Lena Cole,” “we,” “us,” or “our”) regarding your use of the Website. You are reading these Terms because you are using our Website or Services.  You may access the Services through a computer, mobile phone, tablet, console, on the internet, any other device (“Device”) or form of technology (“Technology”). These Terms do not alter any terms or conditions of any other agreement you may have with Lena Cole LLC for any other products, services or otherwise.​

Trademarks or logos displayed on the Services are owned by or licensed to Lena Cole LLC (including the name Lena Cole LLC and The Cupcake Girl logo design). All trademarks are the sole property of their respective companies. ​

Content Ownership 

The Website is protected to the maximum extent permitted by copyright and intellectual property rights laws. All content displayed on or through the Services including images, graphics, videos, photos, music, sounds, blogs, and any other content displayed on the Services (“Content”) is owned by or licensed to Lena Cole LLC and is protected by copyright, trademark, or other laws, including as a collective work and/or compilation, pursuant to copyrights laws.  You may not reproduce, copy, edit, modify, display, use, distribute, download, transmit, sell, create derivative works from, and/or redistribute, any Content on the Website, Services or the collective works, in any way unless you have the express prior written permission of Lena Cole LLC. You may not misuse any Content on the Website or Services. The use of any Content on the Website or Services without the express written consent of Lena Cole LLC may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

​You do not acquire a license or any ownership rights to any trademarks, Content, service marks, or trade names through your access or use of the Services or any of its Content. You agree not to change or delete any ownership or copyright notices from materials downloaded or printed from the Services. 

User Conduct

You may not use the Services for any commercial purposes, to solicit other users to visit, subscribe, or register with any other website, service, or any other organization, and/or to collect or store any personal data personal data about other users.

You agree not to submit any information or post, email, or otherwise make any Submissions or User Content to Lena Cole LLC that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; (ii) is ... , depicts any sexual acts, or nudity of any kind; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals in any way; (iv) impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with a person or entity; (v) includes personal or identifying information about another person without their explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) portrays Lena Cole LLC in a false, misleading, derogatory or otherwise defamatory manner; (viii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual relationship; (ix) that constitutes or contains   “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; (x) constitutes or contains any form of advertising or solicitation posted in areas of the Services or Website that are not designated for such purposes or emailed to other users who have not given express written permission to contact them about other services, products or commercial interests; (xi) advertises any illegal service; (xii) contains software viruses or any other computer code, files or programs designed to interrupt or limit the functionality or performance of the Services; (xiii) in any way that negatively affects other users’ ability to use the Website or negatively impacts other users’ experience on the Services; (xiv) that uses misleading email addresses or headers, that misleads or is intended to mislead users of the origin of Submissions transmitted through the Services; or (xv) use any robots, spiders, or scrapers, or other automated means to browse the Website or use our Services.​

Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) harass any person or user through the Services; (iii) collect personal data about other users for commercial or unlawful purposes, or otherwise; (iv) use any automated means to download any Content from the Services; or (v) attempt to gain unauthorized access to Lena Cole LLC Services or engage in any activity that disrupts, interferes, or limits the performance or functionality of the Services.​Lena Cole LLC may refuse, delete, modify, edit or remove any Submissions or User Content at any time for any reason and Lena Cole LLC may terminate your access to the Services at any time for violation of these Terms or any other reason.​

Purchases

If you wish to purchase any product or service made available through the Service, a (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Product and Content Availability

​All products, services, features and content available on or through the Website or Services, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice.  We reserve the right, without prior notification, to limit the order quantity of any item or service and/or refuse service to any customer for any reason not prohibited by law.​

Product Errors and inaccuracies

We may update our offerings of products and Services on the Website. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.   

You may not use a username that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Warranties & Disclaimers

THE WEBSITE, SERVICES, CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS” AND THE USER USES THE SERVICES AT THEIR OWN RISK. To the fullest extent permitted by law, Lena Cole LLC disclaims all warranties, express or implied, regarding the Services, Content, User Content, The Website, Services, Content, and any materials or products are provided without any warranties of any kind, including about the Website’s or Services’ accuracy, security, usefulness, performance, reliability or otherwise. To the fullest extent permitted by law, Lena Cole LLC disclaims any warranties for other services or goods offered by third parties, received through or advertised on the Services, or accessed on or through any links on the Website, Services, or External Sites. We are not responsible or liable for any user content posted on the Services. Lena Cole LLC does not guarantee secure access to our Website or Services or warrant that the Services or Website will be uninterrupted or error-free, that any defects will be corrected, or that the Services are free of software viruses or anything else harmful.  You are solely responsible for any damage to your Device, Technology, or loss of data within your Device or Technology resulting from accessing the Services, to the extent applicable law does not provide otherwise.​

To the fullest extent permitted by law, Lena Cole LLC disclaims all warranties, express or implied, regarding the Services, Content, User Content and any products or services you may obtain or access through the Website, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Force Majeure

​Lena Cole LLC shall not be responsible for damages, delays, or failures in performance resulting from occurrences beyond their reasonable control, or without their fault or negligence including without limitation: fire, natural disasters, pandemics, epidemics, lightning, acts of , power surge or failure, war, acts of of civil or military authorities, civil disturbances, war, terrorist acts, riots, insurrections, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, illness, death, injury, other major environmental disturbances, unusually severe weather conditions, current laws and regulations and changes thereto, government requirements, strikes, boycotting, inability to secure products or of services of other persons or transportation facilities, energy shortages, or acts or omissions of transportation or telecommunications common carriers.​

External Sites​

The Website or Services may contain links to other sites on the Internet, social media platforms, mobile apps, products and services that are owned and operated by third party vendors (“External Sites”), and other third parties (“Third Parties”). Lena Cole LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.  You further acknowledge and agree that Lena Cole LLC is not responsible for the any damage, loss, unavailability of, or any content located on or through any Third Parties or External Sites. You should review any External Sites and their terms of use and privacy policy. Lena Cole LLC is not responsible for any content, policies, or activities of Third Parties or External Sites, and acknowledge that you interact with Third Parties and External Sites at your own risk. You should contact the administrator of any External Site or Third Party if you have any concerns related to any links or content located on such External Sites.​

Copyright​

If you believe that your work has been improperly copied to the Services in a way that constitutes copyright infringement, please provide us with the following information.​(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;​(2) a description of the copyrighted work that you claim has been infringed;​(3) a description of where on the Website the content that you claim is infringing is located; ​(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and​(5) a statement by you, made under penalty of perjury (to the extent it is applicable by law), 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. Send copyright infringement complaints to:​

Lena Cole LLC

Telephone: 248-825-3009

Email: hello@thecupcakegirlshop.com​

The Website and Services are protected under copyright law and all rights reserved except as expressly provided herein. Individual documents or Content may contain different copyright notices and/or additional proprietary notices. 

You agree to defend, indemnify and hold harmless Lena Cole LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

​Limitation of Liability​

UNDER NO CIRCUMSTANCES SHALL LENA COLE LLC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LENA COLE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE SERVICES; FROM YOUR INABILITY TO USE THE SERVICES OR WEBSITE; OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF LENA COLE LLC SERVICES.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY THIRD PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, CERTAIN OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.​

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD LENA COLE LLC, ITS LICENSEES, LICENSORS, AND SERVICE PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBT, OR DEMANDS, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS; YOUR THIRD PARTY EVENT, EXTERNAL SITE OR ORGANIZATION; YOUR MISUSE OF THE SERVICES; YOUR VIOLATION OF THE TERMS OF USE; YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

User Compliance with Applicable Laws​

This Website is operated from the United States. User access to the Services is governed by all applicable federal, state and local laws. Lena Cole LLC does not make any representations regarding the legality of access to or use of the Services or the information contained therein from other countries. Users who access the Services from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws. By using the Services, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in the United States in compliance with the privacy policy.​

No Waivers 

Failure to enforce strict performance of these Terms is not a waiver of any of these Terms or any of rights of Lena Cole LLC .  

Assignments

We may assign our rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms. ​

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Severability

If any provision in these Terms is held invalid, unlawful or unenforceable for any reason, that provision will be deemed severable from these Terms and the remainder of these Terms shall continue to be valid enforceable. 

Governing Law and Jurisdiction  

TO THE FULLEST EXTENT PERMITTED BY LAW, THESE TERMS OF USE AND ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO OUR SERVICES, THESE TERMS OF USE, THE PRIVACY POLICY, OR YOUR USE OF THE SERVICES, WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE STATE OF MICHIGAN, UNITED STATES, WITHOUT REGARD TO ITS CHOICE OF LAW PROVISIONS, AND NOT BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. THE USER IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL OR STATE COURTS IN WAYNE COUNTY, MICHIGAN, UNITED STATES, FOR THE PURPOSES OF ANY LEGAL ACTION, CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO OUR SERVICES, THESE TERMS OF USE, THE PRIVACY POLICY OR YOUR USE OF THE SERVICES AND/OR WEBSITE, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS.

These Terms shall be governed and construed in accordance with the laws of Michigan, United States, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.