Last Updated September 9, 2014
Your access to and use of our website (www.LubricationSpecialties.com) is subject to the following terms and conditions (these “Terms and Conditions”) and all applicable statutes, orders, regulations, rules, and other laws. By accessing and browsing the Website, you accept and agree to be bound by these Terms and Conditions, which are conditions of permission to access the Website. If you do not agree with any of the terms and conditions set forth herein, do not use any of the Website and do not place orders through the Website.
The form and nature of the services, content and all information posted on the Website is subject to change without notice. In addition, these Terms and Conditions may be changed, altered or modified at any time without prior notice. Lubrication Specialties, Inc., or their affiliates (collectively, the “Company”) will make such changes by posting them here. You should check this page periodically for such changes. You can determine when these Terms and Conditions were last revised by referring to the “LAST UPDATED” legend at the top of these Terms and Conditions. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Website, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that neither Lubrication Specialties, Inc. or its affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any service, content, feature or product offered through the Website.
1. Intellectual Property; Copyright and Trademarks
All content included on the Website, such as text, graphics, logos, brand names, button icons, images, audio clips, and software, is the owned or licensed property of Company or its content suppliers and protected by United States and international copyright and trademark law. The compilation (meaning the collection, arrangement, and assembly) of all content on the Website is the exclusive property of Company and is protected by United States and international copyright and trademark law as well as by state and federal trade dress laws. All software used on the Website is the property of Company or its software suppliers and protected by United States and international copyright laws. The content and software on the Website may be used as a shopping and automotive information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Website is strictly prohibited. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content, nor any portion thereof, without first obtaining written permission from Company. Company neither warrants nor represents that your use of the content and materials displayed on the Website will not infringe rights of third parties.
LSI, LUBRICATION SPECIALITIES, INC., and other Company graphics, logos, and service names referenced herein are either service marks or trademarks or registered trademarks or service marks which are owned by or licensed to Company. These trademarks may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Company. All other trademarks not owned by Company or its subsidiaries or affiliates and which appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. All other trademarks and service marks appearing on the Website are the property of their respective owners.
2. Use of Site
Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Company. Company reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Company believes that customer conduct violates applicable law or is harmful to the interests of Company. Any framing of the contents of any of the Website without the prior written permission of Company is strictly prohibited.
3. Reviews‚ Feedback and Comments
Company may allow visitors to its site to post reviews, comments, and other content to the Website. If you post reviews, comments, or other content on the Website or send feedback, questions or comments to Company, you grant Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews, comments, or other content throughout the world in any media. You also grant Company and sublicensees the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this site and that use of your reviews, comments, or other content by Company will not infringe upon or violate the rights of any third party.
4. Accuracy of Information You Submit
You may be permitted to or asked to submit information to the Website. You expressly represent and warrant: (a) that you have the authority to provide Company with all such information; (b) that all such information may be used by Company for the purposes intended; (c) that all such information shall be true, accurate, and complete; and (d) that you will maintain and update such information as needed, such that the information remains true, accurate and complete. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your access to or use of the Website.
5. Unsolicited Idea Submission Policy
Company does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Company’s products or marketing strategies might seem similar to ideas submitted to Company. Please do not send your unsolicited ideas to Company or anyone at Company. If, despite this request, you still send any of your ideas or concepts, Company makes no assurances that your ideas and materials will be treated as confidential or proprietary.
6. Links to Third Party Sites
Some links will let you leave the Website. The linked sites are not under the control of Company and Company is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Company is not responsible for webcasting or any other form of transmission received from any linked site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site.
Company shall have the right, at any time and in its sole discretion, to block links to the Website through technological or other means without prior notice.
7. Product Pricing
Prices and availability of the products and services listed on the website are subject to change without notice. The prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the United States.
Information about Company products on the Website attempts to be as accurate as possible. However, Company does not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. Despite Company efforts, it is possible due to computer or other error or cause that a product offered on the Website may be mispriced or contain an inaccuracy in its description. In the event Company determines that a product is mispriced or contains an inaccurate description, Company reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error. You agree to notify Company immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products. When you place an order through the Website, you agree to comply with any corrective action taken by Company.
8. Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by or using the same online account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.
Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
9. Shipping Policy
If you make a purchase through the Website, the shipping costs related to the purchased product are automatically approximated based upon your given shipping address. This is an approximate estimation of shipping costs and not the exact shipping costs. Exact shipping costs are not determined until the product is actually processed for shipping. If there is a discrepancy between the approximated shipping cost and the actual shipping cost, the customer is responsible for any additional difference in costs. If a discrepancy does occur, Company will notify you before the shipping of the product.
Company does NOT ship to P.O. Boxes, personal mailboxes, U.S. Territories or APO addresses. FedEx and UPS require a full street address for delivery purposes.
Every effort is made to process orders within 24 hours during regular business hours. Order processing may take up to 72 hours due to weekends and holidays.
10. Termination of Access
These Terms and Conditions are in effect until terminated by Company. In addition to any right or remedy that may be available to Company under applicable law, Company may suspend, limit, or terminate all or a portion of your access to the Website, and/or your rights to use any of the Content, at any time with or without notice and with or without cause, including without limitation, if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Upon any such termination, your right to use the Website will immediately cease. In addition, Company may refer any information on illegal activities, including your identity, to the proper authorities. You agree that Company and the Affiliated Entities shall not be liable to you or any third party for any suspension, limitation, or termination of your access to the Website.
While Company makes reasonable efforts to provide accurate Content through the Website, Company cannot guarantee accuracy. All Content, Submissions and Third Party Content are used by users at their own risk. The website, including all services, content, submissions and third party content made available on or accessed through the Website, is provided on an “as is” and “as available” basis. Company and the affiliated entities make no representations or warranties of any kind whatsoever for the content, submissions or third party content on the Website. Further, company and the affiliated entities disclaim all express or implied warranties, including, without limitation, non-infringement, title, merchantability, fitness for a particular purpose and any warranties arising out of course of dealing, usage or trade. Company and the affiliated entities do not warrant that the functions contained in the Website or any content, submissions or third party content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components. The foregoing applies to any information in any websites hyperlinked to the Website. In the event that relevant applicable state law does not allow the limitation of liability as set forth above (so that this limitation of liability does not apply to you), then Company’s aggregate liability under such circumstances for liabilities that otherwise would have been limited shall not exceed fifty dollars of the currency of the United States of America (US$50.00).
In no event will company or any affiliated entity be liable to you or any third party under any theory of tort, contract, strict liability or equitable theory for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, special, incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties, regardless of whether or not any party has been advised of the possibility of such damages. In particular, and without limitation, neither Company nor any of its service providers will be liable for damages of any kind resulting from your use of or inability to use the Website or from any content, submissions or third party content posted on the Website by Company or any third party. Your sole and exclusive remedy for dissatisfaction with the Website is to stop using the Website. The maximum liability of company and any affiliated entities for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise, shall be the total amount, if any, paid by you to company to access and use the Website.
You agree to defend, hold harmless and indemnify Company and affiliated entities, and their respective officers, directors, employees, consultants, agents, shareholders, and representatives, from and against any and all claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees and costs), arising out of or in any way connected with: (i) any breach by you of these Terms and Conditions; or (ii) your use of the Content or services available on the Website in any unauthorized manner.
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.
14. Waiver; Remedies
The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Company under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.
15. International Users
The Website is controlled, operated and administered by Company from its offices within the United States of America and is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the United States. Company does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. Company may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
16. Governing Law; Forum
The laws of the State of Ohio shall govern these Terms and Conditions, without regard to its principles of conflicts of law. You hereby expressly consent to exclusive jurisdiction and venue in the courts located in the State of Ohio, and waive any objection to such courts, including without limitation on the basis of jurisdiction, venue or inconvenience of the forum.
These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. By using the Website, you agree to be bound by these Terms and Conditions, and to the extent that any or all terms of these Terms and Conditions are inconsistent with any agreement, written or oral, you may have previously or contemporaneously entered into and/or signed with Company with respect to the subject matter herein, you acknowledge and agree that the terms of these Terms and Conditions shall supersede such other agreement and prevail. Notices to you may be made via posting to the Website, by e-mail, or by regular mail, in Company’s discretion (in the latter two situations, via the most recent address that we have on file). The Website may also provide notices of changes to these Terms and Conditions or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18. Contact Us; Questions or Complaints
If you have a question or complaint regarding the Website, please send an e-mail to email@example.com. You may also contact us by writing to:
Lubrication Specialties, Inc.,
3975 Morrow Meadows Drive
Mt. Gilead, OH 43338