Terms and Conditions Website
WELCOME TO THE LEMAN USA, INC. (“LEMAN”) WEBSITE. PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING LEMAN’S WEBSITE (THE “WEBSITE”). THESE WEBSITE TERMS OF USE (THE “TERMS OF USE”) GOVERN ACCESS TO AND USE OF THE WEBSITE BY YOU (“USER”). THE WEBSITE IS AVAILABLE FOR USER’S USE ONLY ON THE CONDITION THAT USER AGREE TO THE TERMS OF USE SET FORTH BELOW. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF USE, USER SHOULD NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, USER SIGNIFIES USER’S AGREEMENT TO BE BOUND BY THE TERMS OF USE.
1. Scope of Terms of Use
These Terms of Use govern User’s use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms and conditions or agreements may apply to the use of certain Services and other items provided to User on the Website (“Service Agreement(s)”).
2. Modifications
Leman may revise and update these Terms of Use at any time. User’s continued usage of the Website after any changes to these Terms of Use will mean User accepts those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of Leman. Leman may also change or impose fees for products and services provided through the Website at any time in its sole discretion. Leman may establish or change, at any time, general practices and limits concerning other Leman products and services in its sole discretion.
3. Leman Privacy Policy
The Leman Privacy Policy governs the use of information collected from or provided by User at the Website. With respect to any individual whose personal information is provided by User to Leman, User represents to Leman that User has obtained all necessary consents for the processing of such personal information.
4. License and Ownership
Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of Leman, its affiliates or other entities that have granted Leman the right and license to use such Content. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of Leman, its affiliates or other entities that have granted Leman the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Leman. Except as otherwise expressly authorized by these Terms of Use, User may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Leman’s or the appropriate third party’s prior written permission. Except as expressly provided herein, Leman does not grant to User any express or implied rights to Leman’s or any third party’s Intellectual Property. User may make a copy of these Terms of Use for reference purposes.
5. Restrictions on Use of the Website
In addition to other restrictions set forth in these Terms of Use, User agrees that: (a) User shall not disguise the origin of information transmitted through the Website. (b) User will not place false or misleading information on the Website. (c) User will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Leman. (d) User will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another. (e) Certain areas of the Website are restricted to customers of Leman. (f) User may not use or access the Website or the Leman systems or Services in any way that, in Leman’s judgment, adversely affects the performance or function of Leman’s computer systems (the “Systems”), Services or the Website or interferes with the ability of authorized parties to access Leman’s Systems, Services or the Website. (g) User may not frame or utilize framing techniques to enclose any portion or aspect of the Content without the express written consent of Leman.
6. Links
(a) Outbound Links. The Website may contain links to third-party Websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to User and not as an endorsement by Leman of the content on such Linked Sites. Leman makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Leman is not responsible for the availability of the Linked Sites or the content or activities of such sites. If User decides to access Linked Sites, User does so at User’s own risk. In addition, User’s use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy. (b) Inbound Links. Linking to any page of the Website other than to http://www.lemanusa.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Leman. Any website or other device that links to http://www.lemanusa.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Leman or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Leman or any of its affiliates, (e) presenting false information about Leman products or services, and (f) using any logo or mark of Leman or any of its affiliates without express written permission from Leman.
7. Submissions
Leman does not accept ideas, concepts, or techniques for new services or products through the Website (“Comments”). If such Comments are received, User acknowledges that (a) they will not be considered confidential or proprietary, (b) Leman and its affiliates are under no obligation to keep such information confidential, and (c) Leman will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.
8. Termination
User agrees that Leman, in its sole discretion, may terminate or suspend User’s use of the Website, the Leman Systems, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, User must immediately (a) discontinue use of the Website, and (b) destroy any copies User has made of any portion of the Content. Accessing the Website, the Leman Systems, Services or Content after such termination, suspension or discontinuation shall constitute an act of trespass. Further, User agrees that Leman shall not be liable to User or any third party for any termination or suspension of User’s access to the Website, the Leman Systems, Services or Content.
9. Disclaimer of Warranties
Leman MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE LEMAN SYSTEMS, THE SERVICES, OR THE CONTENT. THE USE OF SAME IS AT USER’S OWN RISK. THE WEBSITE, THE LEMAN SYSTEMS, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. LEMAN, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. LEMAN AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR THE LEMAN SYSTEMS. NO INFORMATION OBTAINED BY USER FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY LEMAN IN THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO USER. IF USER IS DEALING AS A CONSUMER, USER’S STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. USER AGREES AND ACKNOWLEDGES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
10. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT LEMAN IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, LEMAN IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY, AND IN NO EVENT SHALL LEMAN, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE LEMAN SYSTEMS, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LEMAN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR USER IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
11. Compliance with Law Including Export Control
User agrees to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Leman, negatively reflect on the goodwill or reputation of Leman and shall take no actions which would cause Leman to be in violation of any laws, rulings or regulations applicable to Leman. Leman and the Website are based in the United States. The United States and certain other jurisdictions control the export of products and information. User agrees to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If User accesses and downloads the Content (including any software or the Services), User represents that User is not in a country where such export is prohibited and is not a person or entity to which such export is prohibited. User is solely responsible for compliance with the laws of User’s local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
12. Jurisdiction
TO THE FULLEST EXTENT PERMITTED BY LAW, USER HEREBY EXPRESSLY AGREES THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO USER’S USE OF THE WEBSITE, THE LEMAN SYSTEMS, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF MILWAUKEE, STATE OF WISCONSIN, UNITED STATES OF AMERICA AND USER EXPRESSLY WAIVES ANY OBJECTION THAT USER MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. USER AGREES THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USER’S USE OF THE WEBSITE, THE LEMAN SYSTEMS, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS WAIVED.
13. Governing Law and Language
To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of Wisconsin, U.S.A.
14. General
User may not assign these Terms of Use or any of User’s interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
