THE OFFICIAL STORE OF LEIGHTON VANDER ESCH
Terms and Conditions of Use
Last Modified: January 8, 2019
Update Log: N/A
The Website and the Products are offered and available only to Users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By accessing or using the Website or purchasing the Products, you represent and warrant that you are at least 18 years of age and competent to form a binding contract with Official LVE and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or purchase the Products.
2. WEBSITE ACCESS
The Company reserves the right to withdraw or amend the Website or any Products at any time, in its sole discretion without notice. The Company will not be liable to you if, for any reason, any part of or the entire Website or Products are unavailable for your access, use, or purchase at any time or for any period. From time to time, Official LVE may restrict access to some parts of the Website, or the entire Website, or the Products, to you or all or any other users. The Company reserves the right to refuse service, remove or edit content, or cancel an Orders (as defined in Section 4 below) in its sole discretion.
You are responsible for, without limitation, the following:
- Making all arrangements necessary for you to have access to the Website.
3. PAYMENT TERMS
You acknowledge and agree that you will pay for all Products you purchase from Official LVE, and that Official LVE or a third-party payment processor may charge your credit card account, as provided by you at the time of sale or at such other time, including any taxes, late fees, shipping charges, and any other charges, costs, or fees associated therewith, that may be accrued or payable by you in connection with your purchase.
The Company may allow users or You to place Orders (as defined below) for Products from the Website. The term “Order” or “Orders” means any order placed by you for Products from the Website that are accepted by Official LVE. In the event that you place an Order from the Website, you are subject to the additional terms of this Section 4. Upon placing an Order, you shall pay to Official LVE the purchase price set forth in the shopping cart on the Website. In an effort to minimize unauthorized transactions and otherwise fraudulent actions, Official LVE may, but is not obligated to, require additional verifications or information before accepting your Order. The Company and its affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your Order is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes will be applied to your chosen method of payment upon submission of your Order. Prices and availability of Products are subject to change without notice to you. Errors will be corrected where and within a commercially reasonable period of time of when discovered, and Official LVE reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an Order has been submitted, whether or not the Order has been confirmed and your payment method has been accepted and charged. In the event your payment method has been accepted and charged, Official LVE will issue you the appropriate credit if, and within a commercially reasonable time after your Order has been cancelled, in its sole discretion. You hereby represent and warrant to Official LVE that you are an authorized signatory of the credit card, debit card, or other method of payment that you provide to Official LVE or its third-party payment processor to pay the purchase price and any applicable fees, taxes, shipping, or other charges related to your purchases of Products via the Website. Your Order will be shipped by Official LVE and/or its third-party contractors within a commercially reasonable time after processing your Order. Delivery time may vary depending on the delivery method selected and Product availability. The Company does not guarantee delivery at any certain time and is not responsible for delivery delays. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website passes to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
5. CONTENT AND PRICING INFORMATION
Although Official LVE strives to provide accurate pricing information on its Website, pricing or typographical errors may occur. The Company cannot confirm the price of an item until after you place an Order. In the event that an item is listed at an incorrect price due to an error in pricing, Official LVE has the right, at its sole discretion, to refuse or cancel any Orders placed for that Product. In the event that a Product is mispriced, Official LVE may, in its sole discretion, either contact you for instructions or cancel your Order and notify you of such cancellation. The Company attempts to be accurate in its Product descriptions; however, Official LVE does not warrant that Product descriptions, product images, product pictures, or other content of the Website is accurate, complete, reliable, current, or error-free. The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other user of the Website or by anyone who may be informed of its contents.
6. PROHIBITED USES
- In any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or products, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without Official LVE’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Official LVE, a Company employee, another user, client, or any other person or entity, including, without limitation, by using e-mail addresses associated with any of the foregoing.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Products, as determined by Official LVE.
- To license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Products or make the Products available to any third party.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Official LVE’s prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
7. INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality, including, but not limited to, all information, software, text, logos, trademarks, names, designs, displays, images, video, and audio, and the design, selection, and arrangement thereof, and the Products are wholly owned by Official LVE or its affiliates or licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Certain trademarks, trade names, service marks, and logos used or displayed on the Website are registered or unregistered trademarks, trade names, and service marks of Official LVE or its affiliates or licensors. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on the Website without the written permission of Official LVE.
8. USER CONTRIBUTIONS
You understand and acknowledge that you are responsible for any User Contribution you Post and you, not Official LVE, have full responsibility for such content, including its legality, reliability, accuracy, appropriateness, and compliance with the Content Standards set out herein below. The Company is not responsible or liable to you or any third-party for the content, accuracy, or compliance of any User Contributions.
The Company reserves the right, but not the obligation, to (1) remove or refuse to display any User Contribution for any or no reason in its sole discretion; and (2) take any action with respect to any User Contribution that it deems necessary or appropriate in its sole discretion.
Without limiting the foregoing, Official LVE has the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone who Posts or submits user Contributions to the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding the foregoing, Official LVE does not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, Official LVE assumes no liability and expressly disclaims any liability for any action or inaction regarding transmissions, communications, Posts, user Contributions, or other content provided by any user or third-party. The Company has no liability or responsibility to anyone for performance or non-performance of any of the activities described in this Section 8.
9. CONTENT STANDARDS
These content standards apply to any and all User Contributions and any and all use of the Website. You represent, warrant, and covenant that any User Contributions will, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you are responsible for ensuring that your User Contributions do not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on, without limitation, race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or third party.
- Be likely to deceive any person.
- Promote any illegal activity or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by Official LVE or any other person or entity if untrue.
10. RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user or visitor to the Website or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Official LVE, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Official LVE. The Company is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
11. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
12. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURE
You may link to the Website, provided you do so in a way that is fair and legal and does not damage Official LVE’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Official LVE’s part without Official LVE’s express written consent.
The Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content or links to certain content on the Website.
- Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or any third-party websites.
You may use the Website features solely as they are provided by Official LVE solely with respect to the content with which they are displayed. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other website.
13. LINKS FROM THE WEBSITE
If the Website contains any links to other sites and resources provided by third parties, Official LVE provides these links for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to on the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
14. RETURN/EXCHANGE POLICY
If an incorrect or defective product is shipped to you, we will replace it at no cost to you. If you have received a defective product, please email firstname.lastname@example.org with details, and we will contact you to resolve the issue. At this time we do not accept returns, and exchanges are only accepted if we ship a defective product.
Geographic Restriction. This Website is for use only by persons located in the United States. The Company makes no claims that the Products, the Website, or any of its content is accessible or appropriate outside of the United States. The Products and/or use or access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties. EXCEPT AS OTHERWISE PROVIDED, THE WEBSITE AND THE PRODUCTS ARE MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT NOR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS, OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE COMPANY MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIERS OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN OR REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICY, IF ANY, POSTED ON THE WEBSITE.
Waiver of Jury Trial. In the event any litigation arises between you and Official LVE in any state or federal court, you and Official LVE waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
Export. The Website and Products may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data or Products acquired from Official LVE in violation of the United States export laws or regulations.
Notices. The Company may give notice to you by email or other reasonable means. You shall give notice to Official LVE by certified mail (postage pre-paid and return receipt requested) to:
HOURS OF OPERATION: Monday – Friday, 9AM-5PM CST