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| Welcome to the LATHER website
(the "Site"). LATHER provides the content and services available
on the Site to you subject to the following terms and conditions ("Terms
and Conditions"). By accessing or using the Site, you are acknowledging
that you have read, understand, and agree, without limitation or qualification,
to be bound by these Terms and Conditions which include our Privacy
Policy. These Terms and Conditions were last updated on December 7,
2004. |
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1. Privacy
Please review our Privacy Policy, which also governs
your visit to the Site, so that you may understand our
privacy practices.
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2. Purchase Related
Policies
The products and services available on the Site, and
any samples thereof we may provide to you, are for personal
use only. You may not sell or resell any of the products
or services, or samples thereof, you purchase or otherwise
receive from us. We reserve the right, with or without
notice, to cancel or reduce the quantity of any orders
that we believe, in our sole discretion, may result
in the violation of our Terms and Conditions.
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3. Accuracy of Information
We attempt to be as accurate as possible when describing
our products on the Site; however, to the extent permitted
by applicable law, we do not warrant that the product
descriptions, colors or other content available on the
Site are accurate, complete, reliable, current, or error-free.
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4. Intellectual
Property
All content available on the Site, including but not
limited to text, graphics, logos, button icons, images,
audio clips, data compilations and software, and the
compilation thereof (collectively, the "Content")
is the property of LATHER, our affiliates, partners
or licensors, and is protected by United States and
international copyright laws. The trademarks, logos,
and service marks displayed on the Site (collectively,
the "Trademarks") are the registered and unregistered
marks of LATHER, our affiliates, partners or licensors,
in the United States and other countries, and are protected
by United States and international trademark laws. Except
as set forth in the limited licenses in Section 5 below,
or as required under applicable law, neither the Content
or Trademarks nor any portion of the Site may be used,
reproduced, duplicated, copied, sold, resold, accessed,
modified, or otherwise exploited, in whole or in part,
for any purpose without our prior written consent.
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5. Limited Licenses
We grant you a limited, revocable, and non-exclusive
license to access and make personal use of the Site.
This limited license does not include the right to:
(i) frame or utilize framing techniques to enclose the
Site or any portion thereof; (ii) modify or download
the Site or Content (except caching or as necessary
to view the Site); (iii) make any use of the Site or
Content other than personal use; (iv) create any derivative
work based upon either the Site or Content; (v) collect
account information for the benefit of yourself or another
party; (vi) use any meta tags or any other "hidden
text" utilizing our name or the Trademarks or to
otherwise use the Trademarks; or (vi) use software robots,
spiders, crawlers, or similar data gathering and extraction
tools, or take any other action that may impose an unreasonable
burden or load on our infrastructure. We also grant
you a limited, revocable, and nonexclusive license to
create a hyperlink to the home page of the Site for
personal, non-commercial use only. A website that links
to the Site (i) may link to, but not replicate, our
Content; (ii) may not imply that we are endorsing such
website or its services or products; (iii) may not misrepresent
its relationship with us; (iv) may not contain content
that could be construed as distasteful, obscene, offensive
or controversial, and may contain only content that
is lawful and appropriate for all ages; (v) may not
portray us or our products or services, in a false,
misleading, derogatory, or otherwise offensive or objectionable
manner, or associate us with undesirable products, services,
or opinions; (vi) may not use any Trademark; and (vii)
may not link to any page of the Site other than the
home page. We may, in our sole discretion, request that
you remove any link to the Site, and upon receipt of
such request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the
limited licenses set forth in this Section 5 without
prejudice to any other remedy provided by applicable
law or these Terms and Conditions.
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6. Your Obligations
and Responsibilities
In the access or use of the Site, you shall comply with
these Terms and Conditions and the special warnings
or instructions for access or use posted on the Site.
You shall act always in accordance with the law, custom
and in good faith. You may not make any change or alteration
to the Site or any Content or services that may appear
on this Site and may not impair in any way the integrity
or operation of the Site. Without limiting the generality
of any other provision of these Terms and Conditions,
if you default negligently or willfully in any of the
obligations set forth in these Terms and Conditions
(including our Privacy Policy), you shall be liable
for all the losses and damages that this may cause to
LATHER, our affiliates, partners or licensors.
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7. Your Account
You may choose to register at our Site. If you do, you
will have an email address/username and password for
your account. You are responsible for maintaining the
confidentiality of your account, username and password
and for restricting access to your computer. You agree
to accept responsibility for all activities that occur
under your account, username and/or password. You agree
to provide only accurate, truthful information. We reserve
the right to refuse service and/or terminate accounts
without prior notice if you violate these Terms and
Conditions or if we decide, in our sole discretion,
that it would be in LATHER’s best interests to
do so.
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8. Third Party Links
We are not responsible for the content of any off-website
pages or any other websites linked to or from the Site.
Links appearing on the Site are for convenience only
and are not an endorsement by LATHER, our affiliates
or our partners of the referenced content, product,
service, or supplier. Your linking to or from any off-website
pages or other websites is at your own risk. We are
in no way responsible for examining or evaluating, and
we do not warrant the offerings of, off-website pages
or any other websites linked to or from the Site, nor
do we assume any responsibility or liability for the
actions, content, products, or services of such pages
and websites, including, without limitation, their privacy
policies and terms and conditions. You should carefully
review the terms and conditions and privacy policies
of all off-website pages and other websites that you
visit.
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9. Submissions
It is our policy to decline unsolicited suggestions
and ideas. Notwithstanding our policy with regard to
unsolicited suggestions and ideas, any inquiries, feedback,
suggestions, ideas or other information you provide
us (collectively, "Submissions") will be treated
as non-proprietary and non-confidential. Subject to
the terms of our Privacy Policy, by transmitting or
posting any Submission, you hereby grant us a nonexclusive,
royalty-free, perpetual, transferable, irrevocable,
and fully sublicensable right to use, reproduce, modify,
adapt, publish, sell, assign, translate, create derivative
works from, distribute and display any Submission in
any form, media, or technology, whether now known or
hereafter developed, alone or as part of other works.
You also acknowledge that your Submission may not be
returned and we may use your Submission, and any ideas,
concepts or know how contained therein, for any purpose
including, without limitation, developing, manufacturing,
distributing and marketing products. If you make a Submission,
you represent and warrant that you own or otherwise
control the rights to your Submission. You further represent
and warrant that such Submission does not constitute
or contain software viruses, commercial solicitation,
chain letters, mass mailings, or any form of "spam."
You may not use a false email address, impersonate any
person or entity, or otherwise mislead us as to the
origin of any Submission. You agree to indemnify us
for all claims arising from or in connection with any
claims to any rights in any Submission.
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10. Representations
and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND
CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS
FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH
REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN
CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES,
FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS
OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY,
MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT
OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS
ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR
MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR
USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM
THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS
IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE
WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM
OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED
ONE HUNDRED DOLLARS ($100.00).
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11. Indemnification
You agree to defend, indemnify and hold us harmless
for any loss, damages or costs, including reasonable
attorneys' fees, resulting from any third party claim,
action, or demand resulting from your use of the Site.
You also agree to indemnify us for any loss, damages,
or costs, including reasonable attorneys' fees, resulting
from your use of software robots, spiders, crawlers,
or similar data gathering and extraction tools, or any
other action you take that imposes an unreasonable burden
or load on our infrastructure.
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12. Disputes
With respect to any dispute regarding the Site, all
rights and obligations and all actions contemplated
by these Terms and Conditions shall be governed by the
laws of California, as if the Terms and Conditions were
a contract wholly entered into and wholly performed
within California. Any dispute relating in any way to
your visit to the Site shall be submitted to confidential
arbitration in California, except that, to the extent
you have in any manner violated or threatened to violate
our intellectual property rights or the intellectual
property rights of our affiliates, partners or licensors,
we may seek injunctive or other appropriate relief in
any court and you consent to exclusive jurisdiction
and venue in any such court. Arbitration under this
agreement shall be conducted under the rules then prevailing
of the American Arbitration Association. 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 under
this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
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13. General
You acknowledge and agree that these Terms and Conditions,
which include our Privacy Policy, constitute the complete
and exclusive agreement between us concerning your use
of the Site, and supersede and govern all prior proposals,
agreements, or other communications. We reserve the
right, in our sole discretion, to change these Terms
and Conditions at any time by posting the changes on
the Site. Any changes are effective immediately upon
posting to the Site. Your continued use of the Site
constitutes your agreement to all such terms and conditions.
We may, with or without prior notice, terminate any
of the rights granted by these Terms and Conditions.
You shall comply immediately with any termination or
other notice, including, as applicable, by ceasing all
use of the Site. Nothing contained in these Terms and
Conditions shall be construed as creating any agency,
partnership, or other form of joint enterprise between
us. Our failure to require your performance of any provision
hereof shall not affect our full right to require such
performance at any time thereafter, nor shall our waiver
of a breach of any provision hereof be taken or held
to be a waiver of the provision itself. In the event
that any provision of these Terms and Conditions shall
be unenforceable or invalid under any applicable law
or be so held by any applicable arbitral award or court
decision, such unenforceability or invalidity shall
not render these Terms and Conditions unenforceable
or invalid as a whole. We will amend or replace such
provision with one that is valid and enforceable and
which achieves, to the extent possible, our original
objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and
Conditions, please contact us using the contact form
located on this Site.
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