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Terms & Conditions

TERMS AND CONDITIONS FOR USE OF THE
LANGEFELS EQUIPMENT COMPANY, LLC
(“LEC”) WEBSITE

Thank you for visiting the www.lecinfo.com website (the “Site”). Please read these Terms and Conditions for use of our website (the “Agreement”) carefully before using this Site. By using this Site, you accept the terms and conditions set forth in this Agreement. We reserve the right to update and revise this Agreement at any time without notice or liability. Any such revisions shall be effective immediately upon posting and are binding prospectively upon you. We reserve the right in our sole discretion to deny you access to the Site at any time for any reason.

As used in this Agreement, the terms “www.lecinfo.com”, “we”, “our” and “us” mean LANGEFELS EQUIPMENT COMPANY, LLC, an Ohio limited liability company (“LEC”), and any and all legal entities in which LEC, either directly or indirectly, owns an interest or is otherwise affiliated with.

Related Policies and Terms

Additional policies and terms apply to use of specific portions of this Site. Please refer and review all additional specific terms and conditions, including the terms of the LEC Privacy Notice and the LEC Sale Policies, as may be updated from time to time.

License and Site Access

We grant to you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with the prior written consent of LEC. The license does not include, without limitation: (a) any resale or commercial use of this Site or its Content (defined below); (b) any collection and use of any product listings, descriptions, or prices; (c) any derivative use of this Site or its Content; or (d) any copying, reproducing, downloading or transmitting any Site Content in any form or by any means. You are not granted any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of LEC or any third party. “Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials and intellectual property that are available on the Site.

We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.

User Accounts

Unless we permit otherwise, you will need to establish an account with us to use certain features of the Sites. To register an account, you will be asked to select a unique password. In creating an account, you represent and warrant that: (i) you are not selecting or utilizing the user name of another person or entity with the intent to impersonate such individual or entity; (ii) you are not selecting or utilizing a user name in which another person or entity has rights without authorization to do so; (iii) you are not selecting or utilizing a user name that LEC, in its sole discretion, deems offensive; and (iv) you are not a competitor of LEC, or an agent thereof.

You are responsible for maintaining the confidentiality of your account and password and you are fully responsible for all activities that occur using your account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that LEC is not responsible for third party access to your account that results from theft or misappropriation of your account. By logging in to the Sites, you represent and warrant that: (i) you are the customer who registered for the account; (ii) you are using the Sites only for permitted purposes; and (iii) you are not a competitor of LEC, or an agent thereof. You are required to immediately notify LEC of any unauthorized use of your account or password or any other breach of security. You agree to logout of your account at the end of each session.

LEC reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion.

Acceptable Use

You shall not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with an unlawful, illegal, fraudulent or harmful purpose or activity. You shall not use this Site to copy, store, host, transmit, send, use, publish, or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software. You shall not conduct any systematic or automated data collection activities on or in relation to this Site.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our Site and your purchase of products or services through our Site.

Third Party References/Hyperlinks

This Site may contain user submissions, links to other websites operated by third parties, advertisements and/or sponsorships provided by third parties, and stores, services, or product lines offered by third parties (collectively “Third Party Material”). We have no control over and are not responsible and assume no liability for Third Party Material or the applicable third party. We are not responsible for the acts or omissions of any third party. We do not review, approve, endorse, guarantee, warrant, or make any representations regarding Third Party Materials or the applicable third party. You agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. Third Party Materials may contain information or material that some people may find inappropriate or offensive. You use all Third Party Materials and interact with such third parties at your own risk. The inclusion of such a link does not imply endorsement of the site by or any association with its operators. When you leave our Site, our Terms and Conditions no longer govern.

You hereby release us, our subsidiaries, affiliates, officers, employees, agents, and successor from any claims, demands, losses, damages, rights, and actions of any kind that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third party.

Ownership Rights

This Site is the sole and exclusive property of LEC. LEC retains all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, trade secrets, unfair competition, the laws of the United States, applicable international treaties, and other laws. Any unauthorized use, reproduction, or modification of this Site may violate such laws. All trademarks, trade names, service marks, trade dress, logos, custom graphics, or icons (collectively “Marks”) that appear, are displayed, or otherwise used on the Site are registered or common law trademarks or service marks of LEC and/or its providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without our prior written permission or the prior written permission of the relevant provider.

You may electronically print to hard copy portions of this Site for the sole purpose of using the materials it contains for informational and non-commercial, personal use only. Any other use of the Site or its Content without the prior written consent of LEC is strictly prohibited.

Any communications or materials that you voluntarily post, upload, input, provide or submit on this Site (collectively “Submissions”), by email or otherwise, including any photograph, image, data, or the like will be treated as non-confidential and non-proprietary. By posting, uploading, inputting, providing or submitting your Submission you are granting to us and our affiliated licensees and sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein.

We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion. By posting, uploading, inputting, providing or submitting your Submission you represent and warrant that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Privacy

We respect and make efforts to protect your privacy and the privacy of all users of our Site. Our current Privacy Policy is available on our Site and is hereby incorporated by reference and made a part of this Agreement.

EXCLUSION OF WARRANTY AND DISCLAIMERS

WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION, THIS SITE (INCLUDING OUR PRODUCTS, SERVICES, AND SITE CONTENT) MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES, OR OTHER ERRORS. LEC MAKES NO WARRANTY OF ANY KIND REGARDING THIS SITE (INCLUDING OUR PRODUCTS, SERVICES, AND SITE CONTENT), ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. LEC DOES NOT WARRANT THE ACCURACY, COMPLETENESS, SECURITY, CURRENCY, OR RELIABILITY OF THIS SITE (INCLUDING OUR PRODUCTS, SERVICES, AND SITE CONTENT) OR THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.

LEC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, OF ANY KIND WITH RESPECT TO THIS SITE (INCLUDING OUR PRODUCTS, SERVICES, AND SITE CONTENT). NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS UNDER THIS AGREEMENT. LEC DOES NOT WARRANT THIS SITE, ITS SERVERS, OR ANY E-MAIL SENT FROM LEC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL LEC OR OUR SUPPLIERS, DISTRIBUTORS, AFFILIATES, LICENSEES, SUBCONTRACTORS, AND AGENTS, AND EACH OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES BE LAIBLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATING TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, AND SITE CONTENT) OR THIRD PARTY MATERIALS OR WEBSITES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT CONTAINED IN, OR ACCESSED THROUGH, THIS SITE OR OUR PRODUCTS AND SERVICES, EVEN IF WE HAVE BEEN ADVISED, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, AND SITE CONTENT) OR THIRD PARTY MATERIALS OR WEBSITES, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO LEC FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSOR OF THE AMOUNTS PAID BY YOU TO LEC IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR SOME DAMAGES, SO PARTS OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT OF APPLICABLE LAW.

Indemnification

Without limiting the generality or effect of other provisions of this Agreement, you agree to indemnify, hold harmless, and defend us, our suppliers, distributors, affiliates, licensees, subcontractors, and agents, and each of our or their officers, directors, employees, and representatives from and against any and all liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants’ fees and disbursements), costs, or other expenses based on, arising out of or resulting from (a) your breach or alleged breach of this Agreement or any additional policies and terms applicable to this Site; (b) your violation of any law or the rights of a third party; and (c) your use of this Site and engagement in transactions on this Site.

Void Where Prohibited

LEC makes no representation that this Site or its Content is appropriate for use in any locations. You are responsible for compliance with all applicable local laws. Those who choose to access this Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the Site Content or products and services available through this Site in violation of U.S. export laws and regulations. We, and our affiliates, licensees, suppliers and agents, reserve the right to limit the availability of this Site and/or the provision of any product or service to any person, geographic area, or jurisdiction it so desires, at any time and in our sole discretion.

Violation of Terms and Conditions

LEC reserves the right, without notice and in its sole discretion, to terminate or suspend your license to use our Site, or to block or prevent future access to and use of our Site and to any products or services offered on our Site if we believe, in our sole discretion, that your use is disruptive or that you have violated the law, this Agreement, or our rights or the rights of another user. We will have no liability to you for such termination. Upon termination of your license, this Agreement shall still apply.

Governing Law

This Agreement and your use of the Site will be governed by the laws of the State of Ohio. Any dispute arising out of this Agreement or your use of the Site will be heard only in the state or federal courts located in Hamilton County, Cincinnati, Ohio, USA, and you hereby consent to the personal jurisdiction of such courts.

Severability

If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. This Agreement states the entire Agreement between the parties relating to use of the Site. This Agreement may be updated, amended, or revised at any time.

Other General Provisions

Headings and captions contained in this Agreement are for convenience only and are not intended to define, limit, or extend any provision of this Agreement. Our failure to enforce any right or provision of this Agreement does not operate as a waiver of such right or provision. This Agreement may not be assigned by you without our express written permission, and any attempted assignment in violation of this provision shall be null and void. We may assign any of our rights under this Agreement to any third party without your notice or consent. The terms of this Agreement shall be binding upon permitted assignees.

Contact Us.

If you are experiencing difficulties using this Site, please contact Dave Langefels at davel@lecinfo.com.

PRIVACY NOTICE

This Privacy Notice sets forth how LEC uses and protects user information given to LEC when you use the Site. All information given to LEC by using the Site will be used in accordance with this Privacy Notice. By using this Site, you accept our Site privacy policy. This Privacy Notice applies to all websites operated by or on behalf of LEC, and all legal entities in which LEC, either directly or indirectly, owns an interest or is otherwise affiliated with. This Privacy Notice does not apply to information collected offline. We reserve the right to update and revise this Privacy Notice at any time without notice or liability.

What information do we collect?

LEC receives and stores certain types of information whenever you interact with us, including any information you enter on our Site. This information includes your name, address, telephone number, and e-mail address and credit card information. We may also collect certain non-personally identifiable information when your web browser accesses the Site as part of the standard operation of our server by using Cookie Technology. This technology does not personally identify you or extract any information from your computer. Rather, Cookie Technology is used to measure and monitor the use of our Site. The information Cookie Technology may collect include: the name of your Internet service provider, the date and time you accessed our Site, the Internet address of the web site from which you entered our Site, and which web site you go to after you leave our Site. Information that would personally identify you is known only when voluntarily submitted.

How do we use your information?

We use any information you provide only for purposes consistent with the reason you provided it. We use all information received to provide you a customized interactive experience, improve our Site and to continuously improve our quality of service. LEC does not sell, rent, give, or otherwise disclose any personally identifying customer information to third parties without your consent, other than for the express purpose of delivering the purchased products or services requested. We only release information: (i) when required by law, (ii) in order to enforce our Terms and Conditions, or (iii) to protect the rights of LEC and its affiliated companies or subsidiaries.

How do we protect your information?

We are committed to keeping all information secure. We employ technical, administrative and physical procedures to protect information from loss, misuse or alteration, including the use of a secure server, transmitting all sensitive information via Secure Socket Layer (SSL) technology and encryption. Your sensitive personal information, such as credit cards and financial information, will not be stored on our servers. We employ third party payment processors to process customer transactions initiated on the Site. Customer payment information may be gathered, used, stored, and/or retained by third party payment processors hired by LEC.

We limit access to information to individuals who have a business need to access the information and who are required to keep such information confidential. While LEC takes strong security measures to protect your personal information, we cannot guarantee all electronic transmissions of data is totally secure and LEC is not responsible for unauthorized access to your personal information by hackers or others who have obtained such access through unauthorized or illegal means.

How to contact us

If you have questions or concerns regarding our Privacy Notice, please contact Dave Langefels at davel@lecinfo.com.

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