Terms of Services

Terms of Services

LexTech provides its service to you, subject to the following agreement laying down the Terms of Services, which may be updated by us from time to time.

Legal Notices

Access to and use of this website (lextechn.com’) is provided by LexTech subject to the following terms:

By accessing, browsing, or using lextechn.com you acknowledge that you have read, understood and agree to be legally bound by the terms of this Agreement, which shall take effect immediately on your first use of Lextechn.com. You further agree to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to be legally bound by all the following terms please do not access and/or use lextechn.com.

The contents of the website may be used for informational purposes only.

LexTech may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by LexTech. Your continued use of lexTechn.com after changes are posted means you agree to be legally bound by these terms as updated and / or amended.

Please ensure that you have read the Privacy Policy on this website, to which your use of this website is subject.

Intellectual Property Rights

Lextech owns all rights, title and interest in the Intellectual Property Rights comprising most of the content present on this website, including in software, text, images, graphics, video and audio (“Materials”) which is covered by worldwide copyright laws and treaty provisions. Elements of LexTech websites are protected by copyright, trade dress, trade mark, unfair competition, and other laws and may not be copied or imitated in whole or in part. You agree to comply with all copyright laws worldwide in your use of this website and to prevent any unauthorized copying of the Materials. No Material from this website may be copied, modified, reproduced, republished, downloaded, uploaded, transmitted, broadcasted, posted, made available to the public, publicly displayed, transmitted or distributed in any form except for your own personal, non-commercial use without prior written permission from Lextech. You also agree not to adapt, alter or create a derivative work from any Material except for your own personal, non-commercial use. All rights not expressly granted herein are reserved. Except as expressly provided herein, Lextech does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. Unauthorized use of the Materials may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.


LexTech Marks

 
The service mark Lextech, the Lextech logo are the service marks of  Lextech Limited and may not be used in any manner without prior written consent from  Lextech, including as a metatag, hyperlink or for keyword based advertising. No logo, graphic, sound or image from the LexTech website may be copied or retransmitted unless expressly permitted by Lextech. Any use of the LexTech Marks has to be with the prior written permission of the company and in accordance with the Brand Use Guidelines.

Fair use of LexTech Marks

“Fair use” of trademarks allows third parties to make reference (text ONLY) to LexTech Marks. While fair use allows use of or reference to LexTech Marks, it is necessary that the usage be truthful, not disparaging to LexTech, and does not mislead the public. You must be clear and accurate as to the nature of the relationship between LexTech and your company, its products or services.

Limited License

Subject to the terms and conditions set forth in this Agreement, LexTech grants you a non-exclusive, non-transferable, limited right to access, use and display the Materials on the website only for personal, non-commercial purposes. You agree not to interrupt or attempt to interrupt the operation of the website in any way. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions:

You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;

You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and

You must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.

You agree to abide by all additional restrictions displayed on the website as it may be updated from time to time including the specific instructions as may be mentioned on the Materials.

You agree to use LexTechn.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within lextechn.com.

You agree not to use the website in any manner that may disparage, defame, ridicule or show LexTech in an uncomplimentary light.

Except for the limited permission in this Clause, LexTech does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights, whether owned by LexTech or any Third Party Site. You may not mirror any of the content from this site on another Web site or in any other media.


Photography Use Policy

Between LexTech and you, LexTech is the owner of copyright including moral rights in the photographs and in the personality and publicity rights comprising the contents of the photographs available on this site (“LexTech Photos”). LexTecht Photos are only for use by accredited members of the media, as is reasonable for news reporting. Apart from this express and limited license LexTech does not grant you any other right or permission. You are permitted to use the LexTech Photos as long as the use will not disparage, defame or in any other manner show LexTech in bad or uncomplimentary light nor imply any endorsement, affiliation or sponsorship by LexTech. You are not permitted to change, manipulate, merge, modify, or morph the LexTech Photos except for resizing or cropping them. By downloading the photographs available on this site, you represent and warrant that you accept these terms and are an accredited member of the media.

Notice under the Digital Millennium Copyright Act

 
LexTech respects the intellectual property of others and thus to respond to effective notices of alleged infringement of copyrighted material where (i) the copyrighted material is available at, or from, a system or network controlled or operated by or for LexTech or where (ii) LexTech, by providing or using an information location tool, such as a directory, index, reference, pointer, or hypertext link, refers or links a third party to a site that contains the copyrighted material. If you are alleging that copyrighted material may have been or is being infringed, then you may notify LexTech, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below. Such notice must include the following to be effective:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LexTech to locate the material;

Information reasonably sufficient to permit LexTech to contact you such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter Notices

If material that you have posted to a system or network controlled or operated by or for LexTech has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the address listed below that includes the following:

A physical or electronic signature of the subscriber;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.


Third Party Content and Sites

 
LexTech may provide on this website information of third parties, including articles, analyses, news reports, tools, company information and data about financial markets and other data or information, as also links to websites operated by other entities (“Third Party Content and Sites”).

You acknowledge and agree that the Third Party Content is not created or endorsed by LexTech nor are any products or services offered through it. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any goods or services or to take any decision. In addition, the Third Party Content is not intended to provide any advice, including on matters relating to tax, legal or investment decisions. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by the website as to its accuracy, completeness, and timeliness. You agree not to hold the website, any business offering products or services through the website or any provider of Third Party Content responsible or liable for any decision or other transaction you may make based on your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.

If you use any linked Third Party Site, you will leave this website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. LexTech makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that LexTech or this website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trade mark, trade name, logo or copyright symbol of LexTech or any of its affiliates or subsidiaries.

You agree that LexTech is not responsible for any Third Party Content or Site accessible through the website, including opinions, advice, statements and advertisements, and users shall bear all risks associated with the use of such content. The user is requested to peruse the policies posted by the Third Party Sites regarding privacy and terms and conditions of use. LexTech is not responsible for any loss or damage of any sort the user may incur from dealing with any Third Party.

External Links to the Website

All links to the website must be approved in writing by LexTech, except that LexTech consents to links in which: (i) the link is a text-only link containing only the name “LexTech”; (ii) the link “points” only to www.lextechn.com and not to deeper or inner pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; (iv) the link does not use other techniques that alter in any way the visual presentation or appearance of any content within this site and (v) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products or services are associated with or sponsored by LexTech nor be such as to damage or dilute the goodwill associated with the name and trademarks of LexTech or its Affiliates. LexTech reserves the right to revoke this consent to link at any time in its sole discretion. In such an event, you agree to immediately remove all links to this Web site and to cease using the LexTech Marks.

 Information Provided By You

Any personally identifiable information you may provide to LexTech via this website is protected by our Online Privacy Policy associated with this website. Any such information provided by the user will not be shared with any third party.

LexTech does not want you to, and you should not, send any confidential or proprietary information to LexTech via the website. You agree that any information or materials that you or individuals acting on your behalf provide to LexTech will NOT be considered confidential or proprietary. By providing any such information or materials to LexTech, you grant to LexTech an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that LexTech is free to use any ideas, concepts or know-how that you provide to LexTech.


Right to Terminate Access

LexTech may terminate a user’s access at any time for any reason. Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. The provisions regarding disclaimer of warranty, accuracy of information, and indemnification shall survive such termination. LexTech may monitor access to the website.

Limitation of Damages

IN NO EVENT WILL LEXTECH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE/ INFORMATION LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF LEXTECH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

The materials may contain inaccuracies and typographical errors. Lextech does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk.


Disclaimer of Warranty

THIS WEBSITE, THE INFORMATION AND MATERIALS ON THE WEBSITE, AND THE SOFTWARE MADE AVAILABLE ON THE WEBSITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE OR SATISFACTORY QUALITY, COMPATIBILITY, SECURITY, ACCURACY, OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. LEXTECH EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, REGARDLESS OF THE FORM OF ACTION, INCLUDING, WITHOUT LIMITATION, (WHETHER SUCH LOSSES WHERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE: (A) LOSS OF DATA OR INFORMATION OR PROGRAMS ON YOUR INFORMATION HANDLING SYSTEM THAT ARE RELATED TO THE USE OF THIS WEBSITE; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS OR BUSINESS INTERRUPTION; (D) LOSS OF OPPORTUNITY; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE WEBSITE OR ANY LINKED WEBSITE OR, EVEN IF LEXTECH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Additionally, LexTech makes no warranty that: (a) the website will meet your requirements; (b) the website will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the website or any services offered through the website will be accurate or reliable (d) that defects will be corrected, or that lextechn.com or the server that makes it available are free of viruses or bugs.

Indemnity

You agree to indemnify, defend and hold harmless LexTech, its subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to your use of this website, including without limitation of the foregoing, any action you take which is in violation of the terms and conditions of these Terms and Services.

Changes to Website or to the Agreement

LexTech may, at its sole discretion, terminate, change, add or remove, suspend or discontinue any aspect of its website (in whole or in part) at any time, including its content or features. LexTech reserves the right to change the terms and conditions applicable to use of the website. LexTech may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all materials. Such changes shall be effective immediately upon notice, which shall be placed on the website. Your continued use of the website after any changes to this Agreement are posted will be considered acceptance of those changes. LexTech may also impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability.

Your Obligations While Communicating with LexTech

You warrant that you shall not submit any defamatory, threatening, obscene, harassing, or otherwise unlawful or illegal information or material of any nature, including text, graphics, video, programs or audio. Contributing material with the intention of committing or promoting an illegal act is strictly prohibited. You agree not to submit materials which are not your own original work, or which violate, plagiarise, or incorporate the proprietary materials of another or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.

Waiver and Severability of Terms

The failure of LexTech to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

International Users and Choice of Law

These Terms and Conditions of Use shall be governed by the laws of the State without giving effect to its conflict of laws provisions. This Agreement constitutes the entire agreement between LexTech and you with respect to your use of the Website. Any cause of action you may have with respect to your use of the website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force

TERMS OF Services

Last updated October 14, 2020



AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Lextech ("Company", “we”, “us”, or “our”), concerning your access to and use of the lextechn.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.



INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.


USER REPRESENTATIONS

By using the Site, you represent and warrant that:  (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).


PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
3. Make improper use of our support services or submit false reports of abuse or misconduct.
4. Use the Site to advertise or offer to sell goods and services.
5. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
6. Use a buying agent or purchasing agent to make purchases on the Site.
7. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.


USER GENERATED CONTRIBUTIONS 

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3.  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4.  Your Contributions are not false, inaccurate, or misleading.
5.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7.  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8.  Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9.  Your Contributions do not violate any applicable law, regulation, or rule.
10.  Your Contributions do not violate the privacy or publicity rights of any third party.
11.  Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12.  Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13.  Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14.  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.


CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.


SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.


SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.


PRIVACY POLICY

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.


TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.


MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.  

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.


GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be entirely performed within the State of Tennessee, without regard to its conflict of law principles.


DISPUTE RESOLUTION

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be __________. The seat, or legal place, of arbitration shall be __________. The language of the proceedings shall be __________. The governing law of the contract shall be the substantive law of __________.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.


CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.


DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR __________. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.


ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 


CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.


MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.


CONTACT US 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: 

Lextech
3211 Cypress Ridge Dr, Eads, TN 38028, USA
Cypress Ridge, TN 38028
United States
Phone: 901-617-6864 | 1-800-643-1659
info@lextechn.com | sales@lextechn.com

These terms of use were created using Termly’s Terms and Conditions Generator.