Terms & Conditions
THE TERMS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. IN ADDITION, THE TERMS INCLUDE A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
We may periodically change these Terms, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. LT Industries reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or services offered on this Site.
In no event may the Site be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by LT Industries, (d) includes spam or any unsolicited advertising; (e) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access LT Industries or the content contained on the Site; (f) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (g) attempts to gain unauthorized access to LT Industries computer network or user accounts; (h) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (i) violates these Terms; (j) attempts to damage, disable, overburden, or impair LT Industries servers or networks; (k) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (l) fails to comply with any applicable third party terms. We reserve the right, in our sole discretion, to terminate your or any user’s participation in or use of the Site, remove content, or assert legal action with respect to content or use of the Site, that we reasonably believe is or might be in violation of these Terms. Our failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
INTELLECTUAL PROPERTY RIGHTS
All contents and materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties (whether registered or unregistered) owned by LT Industries or by other parties that have licensed their material to us or where such use is fair use. You may not use, copy, republish, duplicate, frame, or use any of the contents or materials on this Site without our express written consent. All rights not expressly granted are reserved.
LINKS TO THIRD PARTY WEBSITES
This Site may provide links or embedded content to websites operated by third parties. We do not control, endorse, or adopt any information, product, service, promotion, offering, or other content or materials included in such linked websites, including that the inclusion of any link or embedded content does not imply affiliation, endorsement, or adoption by LT Industries of any website, or any information contained therein, and we can make no guarantee as to its accuracy or completeness. You acknowledge and agree that in no event may LT Industries be held responsible or liable for the actions, product, and content of any such websites. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. Before you use any linked website or embedded content, you should review such website’s applicable conditions of use and policies. If you decide to access such third-party sites, you do so at your own risk.
You agree to defend, indemnify, and hold harmless LT Industries and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors ("LT Industries Indemnitees") from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys’ fees) ("Claims") that arise from or relate to your use or misuse of the Site, violation of these Terms, violation of any rights of a third party, or your conduct in connection with the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. WITHOUT LIMITATION AND TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, LT INDUSTRIES DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITE IS MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITE BY YOU IS IN COMPLIANCE WITH LAWS APPLICABLE TO YOU, OR YOUR INFORMATION TRANSMITTED IN CONNECTION WITH THE SITE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
Nothing in these Terms will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.
LIMITATION OF LIABILITY
LT INDUSTRIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. LT INDUSTRIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF LT INDUSTRIES IS NEGLIGENT OR IF LT INDUSTRIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL LT INDUSTRIES BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. LT INDUSTRIES INDEMNITIES' TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
THESE DISCLAIMERS AND LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW.
Please read this section carefully as it affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.
For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to us via certified mail sent to 9927 Canoga Avenue, Chatsworth, CA 91311, Attention: Michael LeClair, with a copy to Miller Haga Law Group, LLP, 23901 Calabasas Road, Suite 2001, Calabasas, CA 91302, Attention: Managing Partner to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.
You agree that any and all disputes arising out of the use of this Site or these Terms conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms. Such arbitration to be held in Los Angeles County, California before one (1) arbitrator. Any judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
WAIVER OF CLASS ACTIONS AND JURY TRIALS
Please read this section carefully as it affects rights that you may otherwise have. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
Except with respect to principles of conflicts of laws, any dispute arising from these Terms or from any other use of this Site shall be resolved in accordance with the laws of the State of California. The exclusive venue for any claim, action, lawsuit, or other proceeding arising out of or relating to these Terms shall be Los Angeles County in the State of California. Except as otherwise stated in Section 8 (ARBITRATION), the prevailing party as determined by the trier of fact in any such action, proceeding, litigation, arbitration, or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney's fees and costs.
The Site is not directed toward, nor intended for use by, anyone under the age of 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITE. If you are between the ages of 13 and 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
WAIVER AND SEVERABILITY
Our failure at any time to require performance of any provision of these or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Any provision of these Terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid, or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision(s).
We reserve the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that LT Industries will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please call us at (818) 407-1018 or send a letter to us with "California Resident Request" as the Subject Line at mailing address 9927 Canoga Avenue, Chatsworth, CA 91311, Attention: Michael LeClair, or email [EMAIL]. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.
Please feel free to CONTACT US if you have any comments, questions, or suggestions regarding the information described in the Site or these Terms.
Last Updated: October 26, 2021
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