LSC Manufacturing, LLC
Terms and Conitions of Use
Please read the following terms and conditions carefully before using this website or any of our other websites. By accessing or using our sites, you agree to be bound by the terms and conditions set forth below. You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use our sites. These terms constitute the entire agreement between you and LSC Manufacturing, LLC and govern your use of the website, superceding any prior agreement between you and LSC Manufacturing, LLC relating to your use of the website.
(1) Acceptance:
Accessing or otherwise using this website constitutes your acceptance of the terms of this Agreement. You represent and warrant that you have the legal authority to accept these Terms of use on behalf of yourself and any parties on whose behalf or for whose benefit you access or otherwise use this website. This website is not intended for use by children under 13 years of age. No information should be submitted to or posted to this website by users under 13 years of age.
(2) Copyright:
All rights reserved. All Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way to a third party for commercial purposes.
(3) Trademark:
Unless otherwise noted, all trademarks displayed on the websites of LSC Manufacturing, LLC are protected by the Trademark Act.
(4) Permission to Use; Limitations; Termination:
Users who have accepted this Agreement by their use or continued use of this website have accepted the terms of this Agreement and are granted permission to use this website subject to the terms and conditions of this Agreement. Use of certain components of this website may be subject to additional terms relating to privacy of personal information or other matters as may be provided in a separate agreement or policy. All such additional agreements are hereby incorporated into this Agreement. To the extent that such additional agreements and policies provide for additional restrictions on use of this website or additional limitations of liability, such restrictions or additional limitations of liability shall be in addition to those provided under this Agreement. Certain sections of this website may be restricted in which event use of those sections is prohibited unless specific permission to access those sections is given by us. This website may be used only for your personal noncommercial purposes. This website is intended to be used by residents of the United States and its territories, possessions and protectorates only. You agree to be bound by and to comply with this Agreement as it may be modified from time to time as set forth below. You also agree to be bound by and to comply with all applicable laws and regulations. LSC Manufacturing, LLC may cancel your permission to use all or any part of this website at any time for any reason in the sole discretion of LSC Manufacturing, LLC. Your permission to use this website shall automatically terminate in the event that you violate this Agreement. All provisions of this Agreement other than the permission to use this website shall survive termination.
(5) Third Party Vendors and Links:
Links to Other Websites: This Website may contain advertisements for or information about third-party providers of information, services, products, or links to their websites. These advertisements, information and links are provided as a convenience for the users of the LSC Manufacturing, LLC website and do not and shall not be construed as approval, endorsement, sponsorship, or recommendation of such vendors or their websites. If you decide to deal with such vendors or visit such sites, your use of such sites is subject to all Federal, State, and Local laws as well as any applicable rules and policies of such Third Party Vendors, who have no authority to act on our behalf or to bind us, and we are not responsible for the actions of Third Party Vendors. You shall be responsible for taking such steps, as you deem appropriate to evaluate Third Party Vendors and their services and products and otherwise protect your legitimate interests. LSC Manufacturing, LLC is not and shall not be construed to be a party to any transaction that may be entered into between you and Third Party Vendors.
Links from Other Websites: Links from other websites must be approved by LSC Manufacturing, LLC. LSC Manufacturing, LLC reserves the right to revoke this consent to link at any time in its sole discretion. LSC Manufacturing, LLC is not liable for possible damages or detriments which result from links from other websites to the websites of LSC Manufacturing, LLC.
(6) User Postings; User Input:
This website may, on occasion, provide a bulletin board or chat area as a convenience for users. LSC Manufacturing, LLC assumes no obligation to monitor the contents of the bulletin board but reserves the right to refuse to accept and to remove any posting at any time. You agree not to post any information or materials that violate intellectual property laws, that are obscene, pornographic, defamatory, violent, harassing in nature, or that otherwise violate applicable laws or community standards, that solicit or promote any illegal activity, or that do not pertain to the subject matter of the bulletin board. You agree that by providing you with the ability to view and distribute user generated content on the bulletin board, LSC Manufacturing, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activity on the bulletin board.
LSC Manufacturing, LLC reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be:
" Abusive, defamatory or obscene; " In connection with surveys, contests, pyramid schemes, chain letters, junk e-mail,
spamming or any duplicative or unsolicited messages (commercial or otherwise);
" Fraudulent, deceptive or misleading;
" Containing viruses, Trojan horses, worms, time bombs, cancelbots, corrupted
files, or any other similar software or programs that may damage the operation of
another’s computer or property of another;
" In violation of a copyright, trademark or other intellectual property right of
another;
" Containing files from another user that you know, or reasonably should know,
cannot be legally reproduced, displayed, performed, and/or distributed in such
manner;
" Violates any law or regulation;
" Harvesting or collecting information about others, including e-mail addresses;
" Offensive or otherwise unacceptable to LSC Manufacturing, LLC;
You acknowledge that any information and materials posted on this website are subject to use by LSC Manufacturing, LLC in connection with operating this website and promoting our business and as otherwise contemplated by this Agreement without further notification to or permission by you. In the event you believe that this website contains any unlawful or inappropriate information or materials, you should notify us at the following address: LSC Manufacturing, LLC, P.O. Box 521, Pacific Palisades, CA 90272.
Users under the age of 18 are not authorized to make any postings on the bulletin board without parental permission and by making such postings represent that they have obtained such permission. LSC Manufacturing, LLC assumes no obligation to investigate the existence of parental permission for access to or use of this website.We may establish additional or different policies and guidelines from time to time regarding posting information on the bulletin board. All electronic mail or communications provided to us may be used by us for any purpose without compensation to the contributor, subject to our then existing privacy policy.
(7) Security; Privacy:
We strive to maintain the security of information provided in connection with this website but cannot guarantee the security of any such information and we shall not be responsible for any disclosure or compromise of user information. You are responsible for maintaining the security of any passwords or other access keys provided to you for any restricted portions of this website. We have no obligation to store or maintain any information provided by or on behalf of you. Any information we collect will be subject to our Privacy Policy as it may be modified from time to time. We use your information only as described in our Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
(8) Changes to Website; Limitation of Availability:
At any time and for any reason in our sole discretion, we may modify or discontinue any aspect or feature of this website, including its content, functionality, hours of availability, pricing, registration requirements, the domain name addresses through which this website is accessible, or the equipment needed for its use. The availability of this website is subject to periodic downtime for maintenance and repairs and is subject to interruption due to causes beyond our reasonable control including computer viruses, failure of telecommunication links, or failure of Internet infrastructure. You acknowledge and agree that we shall not be responsible for any interruptions of the availability of this website.
(9) Exclusive User Remedy; Typographical Errors:
In the event that you are dissatisfied with any aspect of this website, your sole remedy shall be to discontinue use of this website. In the event that a LSC Manufacturing, LLC product or service is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, LSC Manufacturing, LLC shall have the right to refuse or cancel any orders placed for product or services listed at the incorrect price. If your credit card has already been charged for the purchase and your order is canceled, LSC Manufacturing, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
(10) Disclaimer of Warranties:
Although we strive to provide high quality content on this Website, we do not guarantee or warrant the accuracy, completeness or timeliness of anything posted on this Website.
THIS WEBSITE IS PROVIDED “AS IS” WITH ALL FAULTS AND LSC, MANUFACTURING, LLC DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES RELATING TO THIS WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, WARRANTIES AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BY WAY OF ILLUSTRATION WITHOUT LIMITATION, LSC MANUFACTURING, LLC DOES NOT WARRANT THAT THIS WEBSITE WILL FULFILL ANY USER’S PARTICULAR REQUIREMENTS, THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION OBTAINED THROUGH THIS WEBSITE IS ACCURATE. LSC MANUFACTURING, LLC DOES NOT MAKE ANY WARRANTY REGARDING INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY VENDOR.
(11) Disclaimer of Liability:
NEITHER LSC MANUFACTURING, LLC NOR ANY OF ITS AFFILIATES, LICENSORS, PARTNERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER AGENTS SHALL HAVE ANY LIABILITY TO ANY UNDER OF THEIR PRINCIPALS OR AGENTS FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT, TORT, COMMON LAW OR ANY OTHER THEORY OF LIABILITY, STATUTE OR REGULATION. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT LSC MANUFACTURING, LLC IS PROVIDING ACCESS TO THIS WEBSITE IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT, AND FURTHER ACKNOWLEDGES AND AGREES THAT SUCH LIMITATIONS ARE REASONABLE. IN NO EVENT SHALL LSC MANUFACTURING, LLC’S LIABILITY TO USER EXCEED THE FEES ACTUALLY PAID BY USER FOR USE OF THIS WEBSITE.
(12) Proprietary Rights; Restrictions:
You acknowledge and agree that this website’s content (i.e. data, information, files, graphics, etc.), design, code, underlying technology and related information are proprietary to use (or our licensors and vendors if applicable) and protected by U.S. and international copyright laws, trade secret laws, trademarks laws and other laws. The posting of information or material on this website by us or our affiliates does not constitute a waiver of any right in such information and materials. This Agreement does not provide you with any right or interest in our proprietary rights related to this website or otherwise, and all such rights shall continue to be owned by us (or our licensors or vendors in applicable).
Except to the extent express written permission is given by us, you shall not copy, reproduce or otherwise duplicate this website, in whole or in part, or access or attempt to access any of our systems, programs, data or other information or content that is not made available for public use, or use any information on this website other than for its intended purpose. Permission is hereby given to you to view, print or download information on this site that is made available for public viewing, printing or downloading, for your own personal, non-commercial use and not for republication, distribution, sale, transfer, preparation of derivative works or other use. Data mining, harvesting or similar collection of email addresses or other information on this website is prohibited. The trademarks appearing on the website are trademarks of LSC Manufacturing, LLC or others and may not be used without the express written permission of their respective owners.
(13) Risk of Loss:
All items purchased from LSC Manufacturing, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
(14) No Agency:
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
(15) Choice of Law and Forum:
This Agreement shall be governed exclusively by its terms and by the laws of the United States and the State of California as applied to contracts entered into in California between California residents without regard to the State’s rules concerning choice of law. You hereby consent and agree to exclusive jurisdiction and venue in Orange County, California with respect to any litigation arising out of or relating to this Agreement, provided that we may bring an action to enforce our rights in any forum having jurisdiction.
(16) Alternative Dispute Resolution;
In the event of any controversy or dispute between LSC Manufacturing, LLC and you arising out of or in connection with your use of the site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to arbitration.
YOU AND LSC MANUFACTURING, LLC AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (1) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Privacy Policy then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (2) no disputes or claims relating to any transactions you enter into with a third party through a third-party vendor may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, LSC Manufacturing, LLC will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
(17) Indemnification:
In the event we are required to incur any attorneys’ fees or other expenses in connection with enforcing or defending our rights under this Agreement, you shall reimburse us for such attorneys’ fees and expenses. User agrees to indemnify LSC Manufacturing, LLC against any and all claims and expenses, including attorney’s fees, arising from the User’s use of the website or breach of this Agreement.
(18) Site Policies, Modification, and Severability:
Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to HKflats.com. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Usage at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
(19) Other Provisions:
This Agreement reflects the entire agreement of the parties relating to the subject matter hereof, and any prior understandings, agreements or representations related to such subject matter are hereby superseded. This Agreement shall control over any conflicting documents or information, including information on this website, and shall be the sole source of any obligations on us. We may modify the terms of this Agreement from time to time by posting changes to this Agreement on this website. No provision of this Agreement may be amended, modified or waived except as provided in the foregoing sentence. You agree to review this Agreement from time to time and comply with any changes. Any use of this website after our posting of any such changes shall constitute your acceptance of this Agreement as modified. The terms of this Agreement constitute the mutual agreement of the parties and shall be construed neutrally and not for or against either party.
Copyright © 2008 LSC Manufacturing, LLC. All Rights Reserved.
