LDI INDUSTRIES, INC. WEBSITE TERMS AND CONDITIONS OF USE
Welcome to the website of LDI Industries, Inc. (“LDI”). By using LDI’s website, content, and tools including www.ldi-industries.com and any related sites, content, and tools (collectively the “Site”), the user agrees to the following Terms and Conditions of Use (“Terms”) with LDI. In addition, each user agrees to any additional guidelines or rules posted on the Site, all of which are incorporated herein by reference.
LDI reserves the right at any time to:
- change the Terms; or
- change the Site, including eliminating or discontinuing any content on or feature of the Site.
Any such changes will be effective immediately upon notice, which may be provided to users by any means including, without limitation, posting a revised version of these Terms on the Site. A user’s continued use of the Site after such notice will be deemed acceptance of such change. Be sure to return to this page periodically to ensure familiarity with the most current version of the Terms.
LIMITED LICENSE
Subject to the Terms, LDI grants to the user a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your own information and to assist you in your purchase of products from LDI. Any other use of the Site is prohibited.
SECURITY AND PRIVACY POLICY
Information provided by users through the Site may be used as described in the Privacy Policy, the entire contents of which are incorporated herein by reference. For more information, please see the full Privacy Policy.
CONTENT
Content included in the Site provided by LDI is referred to as “LDI Content.” LDI makes no warranty or representation that the Site or any LDI Content is up-to-date, complete, accurate or appropriate for your intended use. As between any user and LDI, LDI Content is owned exclusively by LDI, including any intellectual property rights associated with such LDI Content, and may not be used without the prior express written permission of LDI. Any pricing posted on the Site is subject to change without advance notice. Any drawings, specifications, or other technical information (“Technical Content”) made available on the Site are descriptive and for informational purposes only. No Technical Content available on the Site shall become part of any contract between LDI and the user unless such Technical Content is expressly made part of a separate definitive written agreement or order acknowledgment signed by LDI. All Technical Content is also subject to LDI’s Terms and Conditions of Sale which you must agree to prior to any order using the Site.
Data or content provided to LDI by a user through use of the Site (including, but not limited to, product configurations, information and specifications) may be used by LDI in any manner not inconsistent with the Privacy Policy.
A user may post content to the Site (“User Content”). As between the user and LDI, the user from whom the User Content originates represents and warrants to LDI that it owns the User Content including any intellectual property rights associated with such User Content. However, each user grants LDI a worldwide, royalty-free, non-exclusive, and fully sub-licensable (through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or in part) and/or to incorporate such User Content into other works in any form, media, or technology now known or later developed.
Each user is entirely responsible for all User Content they provide to LDI for use with the Site. LDI does not control any User Content posted to the Site and, as such, does not guarantee the accuracy, completeness, integrity, or quality of any User Content. Under no circumstances will LDI be liable in any way for any User Content, including but not limited to, liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content made available through the Site. Each user must evaluate and bear all risks associated with the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
Each user acknowledges that LDI does not pre-screen User Content, but that LDI and its designees shall have the right (but not the obligation) in its sole discretion to refuse or remove any User Content that is available through the Site. Without limiting the foregoing, LDI and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable.
Each user acknowledges and agrees that LDI may preserve User Content and may also disclose User Content in any manner not inconsistent with the terms of the Privacy Policy.
PASSWORD SECURITY AND NOTIFICATION
If you have a password for access to non-public areas of the Site, you are solely responsible for all activities that occur in connection with your password. Accordingly, you should take steps to protect the confidentiality of your password. Notify LDI immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password. Notify LDI immediately if an employee of your company has a password for the Site and ends employment with your company.
REQUESTS FOR QUOTATIONS
Users may request quotations for LDI products through the Site. In so doing, a user may provide User Data relating to the user’s required specifications, dimensions, configurations, performance, intended applications and operating conditions, or other information (“User Requirements”). LDI makes no warranty or representation that any specified User Requirements are suitable for the user’s intended applications. Unless separately agreed to in writing signed by an authorized officer of LDI, the user, not LDI, has the sole responsibility for ensuring the accuracy of the User Requirements and the suitability of the User Requirements for the user’s intended applications. Any product orders associated with use of the Site are subject to LDI’s Sale Terms and Conditions.
LINKS
The Site may provide links to other sites or resources (hereinafter referred to as “Linked Content”) as part of LDI Content or User Content. All users of the Site acknowledge and agree that LDI is not responsible for the accuracy, completeness, or availability of Linked Content. LDI does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available through Linked Content. Users of the Site also acknowledge and agree that LDI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Linked Content.
SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITS
As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Site through the Internet or other electronic and wireless services. Any computer system or other electronic device, whether, it is yours, an Internet service provider’s or LDI’s can experience unanticipated outages or slowdowns, or have capacity limitations.
GENERAL RESTRICTIONS OF USE
No user will:
- violate any laws, regulations, or third party rights through use of the Site;
- copy, modify, or distribute content from the Site in violation of the intellectual property rights of LDI or other users;
- use any robot, spider, scraper or other automated means to access the Site for any purpose without the express written permission of LDI;
- post spam, unsolicited, inappropriate, bulk electronic communications, chain letters, or pyramid schemes on the Site or post any other content not consistent with the intended use and purpose of the Site;
- distribute viruses or any other technologies through the Site that may harm the Site or the interests or property of other users;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on or with the Site Content; or
- bypass or attempt to bypass any measures taken by LDI to prevent or restrict access to any part of the Site
or encourage another to do any of the above.
ABUSE OF THE SITE
All users of the Site are encouraged to report any problems, offensive consent, and policy violations to LDI. LDI may, at its own discretion, take action to investigate any reported problems, offensive consent, and policy violations.
TERMINATION
EACH USER AGREES THAT LDI, IN ITS SOLE AND ABSOLUTE DISCRETION, MAY SUSPEND OR TERMINATE A USER’S ACCESS TO AND USE OF THE SITE, REMOVE AND DISCARD ANY USER CONTENT PROVIDED BY THE USER, AND PREVENT THE USER FROM FURTHER ACCESSING OR USING THE SITE INDEFINITELY OR AN AMOUNT OF TIME DECIDED BY LDI AT ITS SOLE AND ABSOLUTE DISCRETION FOR ANY REASON.
DISCLAIMER OF WARRANTIES AND LIABILITIES
THE SITE AND ANY LDI AND USER CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT FOR THOSE WARRANTIES OR REPRESENTATIVES EXPRESSLY PROVIDED IN WRITING ABOVE, IF ANY, LDI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LDI DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES LDI MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE, OR SUITABILITY OF THE SITE OR ANY LDI OR USER CONTENT AVAILABLE ON THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY LDI OR USER CONTENT, THE SOLE REMEDY FOR ANY USER IS TO CEASE USING THE SITE. ALSO, IN CONSIDERATION FOR LDI MAKING THE SITE ACCESSIBLE TO USERS, INCLUDING YOU, EACH USER OF THE SITE AGREES THAT IT WILL NOT HOLD LDI RESPONSIBLE FOR ANY USER CONTENT, LINKED CONTENT, USER ACTIONS, OR USER INACTIONS ASSOCIATED WITH THE SITE.
LIMITATION OF LIABILITY
EACH USER OF THE SITE AGREES THAT LDI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LDI HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (1) THE USE OF OR INABILITY TO USE THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY USE OF OR INABILITY TO USE THE SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OF DATA, EXCEPT IF DONE BY LDI IN VIOLATION OF THE PRIVACY POLICY; OR (4) ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY THAT USES THE SITE.
IF, NOTWITHSTANDING THE PREVIOUS PARAGRAPH, LDI IS FOUND LIABLE FOR ANY COMPENSABLE DAMAGES HEREUNDER, LDI’S LIABILITY TO ANY USER OR THIRD PARTY IS LIMITED TO THE GREATER OF (1) THE TOTAL CHARGES THE USER PAID TO LDI IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY BUT IN ALL EVENTS NOT TO EXCEED $10,000.00 OR (2) $100.00.
INDEMNITY
Notwithstanding the above provisions, each user of the Site shall indemnify, defend and hold harmless LDI and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any User Content or any use by the user of the Site (whether or not in violation of these Terms).
GENERAL TERMS
If any provision of these Terms or portion thereof is held invalid or unenforceable, such provision or portion shall be stricken from the Terms to the narrowest extent possible, and the remaining provisions shall be enforced.
LDI may, in its sole and absolute discretion, assign the Terms and will provide written notice of such assignment by posting a notice on the Site.
LDI’s failure to act with respect to a breach of these Terms does not waive LDI’s right to act with respect to subsequent or similar breaches. LDI does not guarantee it will take action against all breaches of the Terms.
LDI may amend the Terms at any time without prior notice by posting the amended terms on the Site. Except as expressly stated within any posted amended terms, all amended terms shall be automatically effective once the revised terms have been posted on the Site. The Terms may not be otherwise amended except in writing signed by an authorized representative of LDI and a user of the Site.
These Terms set forth the entire agreement between LDI and each user of the Site and supersede all prior agreements, discussions, representations, and warranties.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Unless otherwise prohibited by applicable law, the use of the Site under the Terms is governed by and will be construed in accordance with the internal laws of the State of Wisconsin, without regard to any conflict of law rules. The exclusive venue for litigation arising out of or relating to the Terms shall be the state or federal courts having jurisdiction in Manitowoc County, Wisconsin.
All feedback, comments, and other communications relating to the Site should be directed to webmaster@ldi-industries.com.