LIONŐS LAIR WEBSITE
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE OR BEFORE ORDERING ANY MERCHANDISE FROM THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE EXIT THIS WEBSITE IMMEDIATELY.
1.1. This Agreement constitutes your agreement with LionŐs Lair with respect to your use of the www.lionslairdesigns.com, www.llswim.com or any other website redirected into either of these websites URLŐs (collectively the ŇWebsiteÓ). You must agree to abide by all of the terms and conditions contained in this Agreement in order to continue viewing or using the Website.
1.2. LionŐs Lair reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in its sole and absolute discretion. You should visit this page from time to time to review the most current version of these terms and conditions because they are binding on you. Your continued use of the Website after any changes have been made, shall be deemed your acceptance of the changes.
1.3.If you wish to purchase any items or services from LionŐs Lair, you must agree to abide by all of terms and conditions listed here.
2. Copyright. The Website is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. The contents of the Website are only for your personal, noncommercial use. All materials contained on the Website are protected by copyright and are owned or controlled by LionŐs Lair or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Website. The copying or storage of any content from the Website is expressly prohibited without prior written permission from LionŐs Lair or the copyright holder as identified on the Website.
3. Agent to Receive Notification of Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material posted on an Internet site infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Website infringes your copyright, you (or your agent) may send The ProviderŐs Designated Agent a notice requesting that the item, information or material be removed, or access to it blocked. The Provider's Designated Agent can be contacted at: accounts@LionsLairDesigns.com. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. ¤512(c)(3)): (a) Physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work claimed to have been infringed; (c) Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Provider to locate the material; (d) Contact information of the complaining party; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law; (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4. Changes to the Website. LionŐs Lair may change, suspend or discontinue any aspect of the Website at any time. LionŐs Lair may also impose limits on certain features and services or restrict access to parts or all of the Website without notice or liability.
5. Representations and Warranties. You represent, warrant and covenant that you will not upload, post, transmit, distribute or otherwise publish through the Website any materials which:
5.1.Restrict or inhibit any other user from using and enjoying the Website;
5.2.Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent;
5.3.Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law;
5.4.Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party;
5.5.Contain a virus or other harmful or potentially harmful component;
5.6.Contain any information advertising of any kind; and/or
5.7.Constitute or contain false or misleading indications of origin or statements of fact.
6. No Endorsement. LionŐs Lair neither represents nor endorses the accuracy or reliability of any message, advice, opinion, statement, memorandum, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such message, advice, opinion, statement, memorandum, or information shall be at your sole risk. LionŐs Lair reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. LionŐs Lair shall not have any duty to correct any errors or omissions in any portion of the Website.
7.1.Links on the Website. The Website may contain links to other World Wide Websites and resources. If you use these links, you will leave this Website. LionŐs Lair has not reviewed these third party sites and does not control and is not responsible for any of these sites or their content. The links to third party sites do not constitute an endorsement of such third party sites by LionŐs Lair or any of its subsidiaries or affiliates.
7.2.Links to the Website. Any World Wide Website that links to this Website:
7.2.1. Shall not create a border environment around any of the content of the Website;
7.2.2. Shall not imply that LionŐs Lair or any of its affiliates or subsidiaries are endorsing it or its products;
7.2.3. Shall not present false information about LionŐs Lair products or services;
7.2.4. Shall not use the name ŇLionŐs LairÓ without prior written permission from LionŐs Lair; and
7.2.5. Shall not contain content that could be construed as distasteful, offensive or controversial.
8. Site Content and Information. The Website contains information, advice, text, and other materials (collectively, the ŇInformationÓ) that are provided for your convenience and enjoyment. You should be aware that the Information might contain errors, omissions, inaccuracies, or outdated information. LionŐs Lair makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Information and shall not be liable for any lack of the foregoing. The Information published at this site may refer to products, materials or services that are not available in your country. Descriptions of, or references to, products or publications within the Website does not imply endorsement of that product or publication.
9.1.THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED ŇAS IS.Ó TO THE FULLEST EXTENT PERMITTED BY LAW, LIONŐS LAIR AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT:
9.1.1. THE CONTENT ON THE WEBSITE;
9.1.2. THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE;
9.1.3. THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS;
9.1.4. ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR
9.1.5. ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
9.2.FURTHER, LIONŐS LAIR AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIONŐS LAIR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR 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. LIONŐS LAIR AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT BE APPLICABLE IN ALL JURISDICTIONS.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LIONŐS LAIR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF LIONŐS LAIR OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LIONŐS LAIRŐS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT OF A COMPLETE REFUND FOR GOODS OR SERVICES PURCHASED USING THE WEBSITE, WHICHEVER IS GREATER.
11. Florida Law and Jurisdiction. This Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws rules. When this Agreement permits litigation, the parties consent to the exclusive jurisdiction of the state courts in Monroe County, Florida for all state court matters, and the exclusive jurisdiction of the Southern District of Florida for all federal court matters.
12. Indemnity. You hereby agree to indemnify, defend and hold LionŐs Lair, and all of its officers, directors, owners, shareholders, agents, employees, information providers, affiliates, licensors and licensees (collectively, the ŇIndemnified PartiesÓ) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your breach of this Agreement or the foregoing representations, warranties and covenants including, without limitation, attorneysŐ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. LionŐs Lair reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In any event, you shall not settle any matter without the written consent of LionŐs Lair.
13. No Endorsement. LionŐs Lair does not represent nor endorse the accuracy or reliability of any advice, opinion, statement, memorandum, or other information displayed or distributed through LionŐs LairŐs Website. You acknowledge that any reliance upon any such advice, opinion, statement, memorandum, or information shall be at your sole risk. LionŐs Lair reserves the right, in its sole discretion, to correct any errors or omissions in any portion of LionŐs LairŐs Website. LionŐs Lair shall not have any duty to correct any errors or omissions in any portion of LionŐs LairŐs Website.
14. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable rules and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration under this Agreement shall be held in Monroe County, Florida.
15.1. Except as otherwise provided in this Agreement, all legal notices that are required to be served upon LionŐs Lair shall be made in writing and served at the following address: 82185 Overseas Highway, Islamorada, FL 33036.
15.2. Such notice shall be deemed delivered either when delivered personally or by overnight courier (e.g., Fedex, DHL), or three days after mailing, postage prepaid by registered or certified mail, return receipt requested.
15.3. Whenever LionŐs Lair is required or permitted to give notice to you, LionŐs Lair may send an e-mail to the address provided by you. If you have not provided an e-mail address, LionŐs Lair may send a notice to you in any reasonable way.
16. Miscellaneous. This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other prior written or oral agreements between them. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, administrators, successors, and assigns. Nothing contained in this Agreement shall cause the failure of either party to insist upon strict compliance with any covenant, obligation, condition or agreement contained in this Agreement to operate as a waiver of, or estoppel with respect to, any such covenant, obligation, condition or agreement. Waiver by any party of any breach of any provision of this Agreement shall not be considered as nor constitute a continuing waiver or waiver of any other breach of any provision of this Agreement. In the event of litigation between the parties to enforce the provisions of or with respect to this Agreement, the prevailing party shall be entitled to reimbursement for attorneysŐ fees and costs at trial and on appeal. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. In the construction of this Agreement, whether or not so expressed, words used in the singular or in the plural, respectively, include both the plural and the singular and the masculine gender includes the feminine and neuter genders. The parties to this Agreement agree that all of the provisions of this Agreement are to be construed as covenants and agreements as though the words imparting such covenants and agreements were used in each separate provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule shall not apply to this Agreement. The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.