Legend Brands Terms of Use
Legend Brands ("COMPANY") maintains this website located at lbpatents.com and its
associated websites, webpages, content and other materials
(collectively the "Site") to provide to you information about
COMPANY, its industry and products. Your access to and use of the
Site is subject to these Terms of Use and our Privacy Policy found
at lbpatents.com and all
applicable laws. By accessing the Site, you accept, without
limitation or qualification, these Terms of Use and our Privacy
Policy. You should review the most current version of the Terms of
Use and the Privacy Policy often as they may be modified from time
to time and the terms, as modified, will govern your use of the
Site. All changes are effective immediately when we post them, and
apply to all access to and use of the Site thereafter and your
continued use of the Site after we make changes is deemed to be
acceptance of those changes. Any new features that augment or
enhance the Site also will be subject to these Terms of Use and
Privacy Policy.
1. Generally
You are free to browse the Site, to access company periodic
e-newsletters, technical libraries, view product catalog(s), submit
questions, participate in any contests, promotions, surveys or
other services and view any other information contained on the
site. This and all other company-approved material available on the
Site is referred to as "Licensed Content." You may view and print
portions of the Licensed Content for your own internal use but not
for resale or other commercial exploitation and not for use other
than as provided in these Terms of Use and the Privacy Policy. Any
other use of Licensed Content without COMPANY's prior written
approval is strictly prohibited.
2. Product Information
While COMPANY uses commercially reasonable efforts to provide
accurate information, the industries of which COMPANY is a part and
the jurisdictions in which the company operates and the laws and
regulations applicable to those industries and jurisdictions change
frequently. Therefore information contained on the Site may not be
current or accurate. Because many factors go into the
decision-making process of purchasing a given product and
everyone's particular circumstances and needs may differ, the
Licensed Content is provided for informational purposes only.
COMPANY cannot ensure or guarantee and does not warrant that your
product selection will be accurate, meet your particular needs or
requirements or that the recommendations, regulations or other
information provided is complete, accurate or current for your
specific needs (see our disclaimer of warranties in Section 10
below). Each claim or statement about the effectiveness of COMPANY
products and/or claims or statements comparing the effectiveness of
COMPANY products to that of others is expressly limited to the
country of applicability as referenced on the site and if no
country is referred, the United States, unless otherwise stated on
the Site. If a product or sample offered by COMPANY through the
Site is not as described, your sole remedy is to return it in its
original, unused form and receive either a replacement of the
product you purchased or a refund of the price you actually paid.
Product description and pricing is subject to correction and
change. COMPANY may refuse or cancel product orders placed at an
incorrect price, or based upon erroneous promotion terms, whether
or not the order has been confirmed. Sales made through the Site,
if any, are governed by COMPANY Standard Terms and Conditions of
Sale and/or Invoice-Terms and Conditions.
3. User Conduct
Obscene or abusive language, harassment, threats, or abuse of any
nature or form on the Site, including via e-mail, post or other
transmission is strictly prohibited. Impersonation of others or
misrepresenting your affiliation with COMPANY or another is
prohibited. You may not upload to, distribute or otherwise publish
through the Site any material that is defamatory, vulgar, obscene,
threatening, libelous, invasive of another's privacy or publicity
rights, hateful, racially or ethnically objectionable or which may
constitute or encourage a criminal offense, violate any law or
another's rights or otherwise give rise to liability.
You agree not to forge headers or otherwise manipulate identifiers
in order to disguise the origin of anything transmitted through the
Site, disclose proprietary or confidential information or otherwise
infringe another's patent, trademark, trade secret, copyright or
other proprietary right ("Rights"). You may not upload commercial
material to the Site, use the Site to solicit others, advertise or
promote anything.
Any attempt to interfere with or disrupt the Site, its servers,
networks, Software, equipment or database connected to the Site,
whether via malicious code, files or other means, or attempts to
disassemble, reverse engineer or decompile any Software, circumvent
security features such as passwords, or take any action that
compromises the privacy or security of the Site, users or other
visitors is strictly prohibited.
You are responsible for your Communications and your activities on
the Site. Under no circumstances is or will COMPANY be liable in
any way for any Communications, your or another's use of the Site
or any Licensed Content, including but not limited to any errors or
omissions in any Licensed Content, or for loss or damage of any
kind incurred as a result of the use of any Licensed Content via
the Site.
4. Indemnity
You agree to indemnify, defend, release and hold COMPANY its
officers, directors, suppliers, service providers, co-branders or
other partners, agents and employees, harmless from all claims,
demands, damages, fees and costs of any nature, including
reasonable fees of attorneys' and other professionals, due to or
arising out of anything you submit or transmit through the Site,
your use of the Site, your connection to the Site, your violation
of these Terms of Use or your violation of any Rights. In the event
you provide resale certificate, tax or other information that is
untrue, inaccurate, fraudulent, or out of date, you agree to
indemnify COMPANY for and hold it harmless from and against any and
all liability, damages, loss or expense (including reasonable fees
of attorneys and other professionals) it may incur, including but
not limited to loss of business profits, taxes, penalties or
sanctions, interest, fees, costs and expenses of any nature arising
from or related to any claim, demand, action or proceeding alleged
or initiated against COMPANY by any third party based upon the
information you provide or your use of the Site.
5. Modifications to Site
From time to time COMPANY may change the Licensed Content, the
services offered or terminated through the Site or expand the
Site's capability. COMPANY also reserves the right at any time and
from time to time to modify these Terms of Use, the Privacy Policy,
the Site and/or discontinue, temporarily or permanently, the Site
(or any part thereof) with or without notice. You are responsible
for regularly reviewing these Terms and Conditions and the Privacy
Policy. You agree that COMPANY shall not be liable to you or to any
third party for any such action.
6. Termination
COMPANY, in its sole discretion, may suspend or terminate your
access or use for any reason, but especially if COMPANY believes
that you have violated or acted inconsistently with the letter or
spirit of these Terms of Use. COMPANY may also in its sole
discretion and at any time discontinue providing the Site, or any
part thereof, with or without notice, or remove or refuse to post
any user contribution for any or no reason in our sole discretion.
You agree that any suspension or termination may be effected
without prior notice, and acknowledge and agree that COMPANY may
immediately bar further access to the Site. COMPANY shall not be
liable to you or any third party for any suspension or termination
of your access to or use of the Site. Without limiting the
foregoing, COMPANY has the right to fully cooperate with any law
enforcement authorities or court order requesting or directing us
to disclose the identity or other information of anyone posting any
materials on or through the Site. YOU WAIVE AND HOLD HARMLESS
COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM
ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DURING OR AS A RESULT
OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE
OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT
AUTHORITIES.
7. Links
This Site may contain links to other internet websites or
resources. When you link to those sites, you leave this Site.
COMPANY has no control over such sites, their content and resources
or the business practices or policies of operators of such sites.
COMPANY's privacy terms do not apply to the practices of any
companies or individuals operating the linked sites. Therefore,
please use caution and review the privacy policies of any sites
that you visit to learn more about their information-gathering
practices. COMPANY expressly disclaims all responsibility or
liability for the availability or accuracy of such external sites
or resources or the content thereon, does not endorse and is not
responsible or liable for any advertising, products or other
materials on or available from such sites or resources. The
inclusion of any link on the Site does not imply that COMPANY
endorses the linked site. Your use of the links is at your own
risk. You further acknowledge and agree that COMPANY shall not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with your
use of or reliance on any goods, services or materials available on
or through any such link, site or resource.
8. COMPANY's Proprietary Rights
Everything you see or read on the Site, including the collection,
compilation, assembly and arrangement of Licensed Content, is
protected by all United States and international copyright laws,
and may not be used except as provided in these Terms of Use
without COMPANY's express written permission. The Site and any
necessary software used in connection with the Site ("Software"),
the collection, compilation, assembly and arrangement of Licensed
Content, all images, photography, graphics, artwork, text, and
other information and material found on the Site, regardless of
source, all Marks and other intellectual property relating thereto
and all information and data collected through the Site (all of
which are included in and as the "Licensed Content"), is owned by
COMPANY or its suppliers or partners and contains proprietary and
confidential information that is protected by all applicable
intellectual property and other laws. All trademarks, logos, trade
names, trade dress, product and service marks, individually or
combined with one another (collectively the "Marks") and whether or
not registered, are proprietary to COMPANY, their subsidiaries and
affiliates, or other third party owners who have granted COMPANY
the right and license to use its marks ("Third Party Marks"). You
may not use or display the Marks or Third Party Marks in any manner
without the prior written consent of COMPANY or the respective
owner. This includes use in or as meta tags or any other "hidden
text". Other COMPANY product or service names, logos, graphics,
page headers, button icons and scripts are trademarks or trade
dress of COMPANY and may not be used in connection with any product
or service that is not COMPANY's in any manner, but especially that
which is likely to cause confusion in the marketplace or in any
matter that disparages or discredits COMPANY.
9. Notices and Procedures for Making Claims of Copyright
Infringement
Notifications of claimed copyright infringement should be sent to
COMPANY.
COMPANY respects the intellectual property of others, and asks its
users and visitors to do the same. COMPANY will process and
investigate notices of alleged infringement and will take
appropriate actions under applicable intellectual property laws.
Upon receipt of notices complying with applicable law, COMPANY will
act to remove or disable access to any material found to be
infringing or found to be the subject of infringing activity and
will act to remove or disable access to any reference or link to
material or activity that is found to be infringing.
If you believe that your work has been copied in any way that
constitutes copyright infringement, please provide all of the
following information:
a. a physical or electronic signature of the person authorized to
act on behalf of the owner of an exclusive copyright that is
allegedly infringed;
b. a description of the copyrighted work that you claim has been
infringed;
c. a description of where the material that you claim is
infringing is located on the Site;
d. your address, telephone number, and email address and all other
information reasonably sufficient to permit COMPANY to contact
you;
e. 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;
f. 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 behalf of the owner of an
exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be
directed to:
By mail:
Legend Brands
15180 Josh Wilson Road
Burlington, WA 98233
Attn: Webmaster
By fax:
360-757-7950
By Email:
webmaster@legendbrands.com
(Please include "Notice of Infringement"
in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS
PROVIDED EXCLUSIVELY FOR NOTIFYING COMPANY THAT YOUR COPYRIGHTED
MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS
PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY,
WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
10. DISCLAIMERS AND LIMITATIONS OF
LIABILITY
COMPANY makes no representations or warranties about the accuracy
or completeness of the Site or Licensed Content. COMPANY does not
target, and the Site is not intended for use by, children under age
13. COMPANY will not contact children under age 13 about promotions
or for marketing purposes without a parent's permission nor will it
ask for more personal information than is reasonably necessary to
participate in a given activity. However, it does not filter ads or
other material children may view through the Site or linked sites,
some of which may be inappropriate for children.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM
FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR
USE OF ALL OR ANY PART OF THE SITE.
(b) COMPANY MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR
REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE
AVAILABLE, ACCURATELY DEPICTED OR PRICED, (iv) THAT THE RESULTS
OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (v)
THAT THE QUALITY OF ANY PRODUCTS, THE SITE, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET
YOUR EXPECTATIONS, OR (vi) THAT PRODUCTS WILL BE PROPERLY DELIVERED
IN PROPER AMOUNTS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR OTHERWISE
APPLICABLE PURSUANT TO YOUR PURCHASE OF COMPANY PRODUCTS OR
SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE
LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN
CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE
INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE
SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE
SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT THAT SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Notice/Opt Out Options
Notices to you may be made via either email or regular mail. The
Site may also provide notices of changes to these Terms of Use or
other matters by displaying notices or links to notices to you
generally on the Site. Notice or other correspondence to COMPANY
should be sent by certified mail, return receipt requested
to:
Legend Brands
15180 Josh Wilson Road
Burlington, WA 98233
Attn: Webmaster
Should you wish to update your information or no longer receive
communications from COMPANY, please contact COMPANY
webmaster@legendbrands.com.
12. General Information
These Terms of Use and any other agreements, whether or not
referenced herein, constitute the entire agreement between you and
COMPANY with regard to and shall govern your activities and use of
the Site, superseding any prior agreements between you and COMPANY.
You also may be subject to additional terms and conditions
contained in invoices, purchase orders, shipping manifests, bills
of lading or terms and contracts that may apply when you purchase
products or services or use affiliate services, third party content
or third party software. These Terms of Use, your use of the Site
and any other agreement with and the relationship between you and
COMPANY shall be governed by the laws of Washington without regard
to choice of law provisions, nor shall the 1980 United Nations
Convention on Contracts for the International Sale of Goods apply.
You and COMPANY agree to submit to the personal and exclusive
jurisdiction of the pertinent state or federal courts located
within Washington. By using this Site, you agree that COMPANY, in
its sole discretion, may require you to submit any disputes arising
from use of this Site, these Terms of Use or the Privacy Policy
concerning or including disputes arising from or concerning the
interpretation, violation, nullity, invalidity, non-performance or
termination, as well as disputes filling gaps in contract or its
newly arisen circumstances, to final and binding arbitration under
the International Rules of Arbitration of the American Arbitration
Association by one arbitrator appointed in accordance with said
Rules. Notwithstanding these rules, however, such proceeding shall
be governed by the laws of the Washington and shall take
exclusively in Washington as set forth in this Section. Any
arbitration award initiated under this clause shall be limited to
monetary damages and not equitable relief. Further, the arbitrator
shall have no authority to award punitive, consequential or other
damages not measured by the prevailing party's actual direct
damages in any arbitration initiated pursuant to this Section
except as required by statute. Notwithstanding the foregoing,
COMPANY may seek equitable relief, including preliminary and
permanent injunction, in any court of competent jurisdiction to
prevent or enjoin misappropriation, misuse, unauthorized disclosure
or infringement of any intellectual property rights. The failure of
COMPANY to exercise or enforce any right or provision of the Terms
of Use shall not constitute a waiver of such right or provision. If
any provision of the Terms of Use or the Privacy Policy is found by
a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the
other provisions of the Terms of Use remain in full force and
effect. You agree that regardless of any statute or law to the
contrary, you must file any claim or cause of action arising out of
or related to your use of the Site, Terms of Use or the Privacy
Policy within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the Terms of Use
are for convenience only and have no legal or contractual
effect.
13. Violations
Please report any violations of the Terms of Use or the Privacy
Policy to
webmaster@legendbrands.com.
The parties acknowledge that they have required that these Terms
of Use be prepared and provided in English. Les parties
reconnaissent qu'elles ont exige que la presente convention soit
redigee in anglais.
14. Provisions specific to users in the United
States
COMPANY adheres to the Children's Online Privacy Protection Act
(COPPA) on our Site. A child's privacy is important to us. No one
under age 13 may provide any personal information to or on our
Site. We do not knowingly collect personal information from
children under 13. If you are under 13, do not use or provide any
information on the Site or on or through any of the features on the
Site or provide any information about yourself to us, including
your name, address, telephone number, e-mail address or any screen
name or user name you may use. If we learn we have collected or
received personal information from a child under 13 without
verification of parental consent, we will delete that information.
Providing any personal information regarding a child, including the
child's name and age is strictly at the parent's discretion. At any
time a parent can request to review their personal information and
their child's personal information that they have submitted to us.
A parent may also ask to have it deleted by sending a request to
webmaster@legendbrands.com. If a visitor to the Site is under
the age of 18, they should read these Terms of Use and Privacy
Policy with their parents for guidance.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Site
that are California residents to request certain information
regarding our disclosure of personal information to third parties
for their direct marketing purposes. To make such a request, please
send an e-mail to
webmaster@legendbrands.com or write us at: Legend Brands, 15180
Josh Wilson Road, Burlington, WA 98233, Attn: Webmaster.