Terms of Use

[Last Updated April 1, 2019]

The following are terms of a legal agreement between you and L&R Distributors, Inc. (“L&R”). PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing, browsing, downloading and/or using this website (“Website”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Website. When we say Website, we mean, www.thelrway.com, www.lrdist.com, https://eshop.lrdist.com/ and all related services, content, functionality, and transactions offered by L&R on or through these sites. This Website is controlled and operated by L&R from its offices within the United States. L&R makes no representation that materials in this Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with their applicable local laws.

This Website could contain technical or other inaccuracies or outdated material. L&R may at any time revise these Terms of Use by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use by which you are bound. L&R makes no commitment to update materials on this Website.

Use Restrictions and Indemnification

You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, scandalous, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil or criminal liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; (ix) your website username and password are for your use only and are not to be shared with others; and (b) that you are at least eighteen (18) years old.

You hereby agree to indemnify, defend and hold L&R, and all its officers, directors, owners, agents, employees, information providers, affiliates, subsidiaries, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, proceedings, damages, injuries, liability, losses, costs and expenses (including, without limitation, reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or of the foregoing representations, warranties and covenants, or arising out of or relating to any acts by you or materials or information transmitted by you in connection with the Site, regardless of the type of claim or nature of the cause of action including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. L&R reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of L&R.

Copyright

The material provided on this Website is protected by law, including but not limited to, United States Copyright Law and international conventions. The copyright in all material, layout, design and trade dress provided on this Website is held by L&R or by the original creator of the material pursuant to U.S. Copyright Laws, international conventions and other regulations. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of L&R or the copyright owner. Name and trademarks of copyright holders may not be used in advertising or publicity without specific, prior written consent. Permission is granted to display, copy, distribute and download the materials on this Website for non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.

You also may not, without L&R’s permission, “mirror” any material contained on this Website on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL L&R, ITS AFFILIATES, ITS SUBSIDIARIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR L&R’S SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR BUSINESS INTERRUPTION OR LOSS OF PROFIT, ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS WEBSITE, OR ANY HYPERLINKED SITE OR ANY PRODUCT OR SERVICES SOLD HEREUNDER, EVEN IF L&R OR AN L&R 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.

Non-Personal Data and Hold Harmless

L&R enables visitors to the Website to post reviews, comments, and other content to the Website. Any material, information, or idea you transmit to or post on this Website by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by L&R or its affiliates for any purpose whatsoever, including, but not limited to the development of sales and marketing products. L&R has no obligation with respect to such material, information or ideas, and you agree to hold L&R and its affiliates, subsidiaries, their directors, officers, employees, agents or representatives or L&R’s suppliers harmless for any use of same by any entity or person.

L&R does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. L&R reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. L&R does not and cannot review, and has no obligation to monitor, all materials posted to L&R’s Website by users, and L&R is not responsible for any such materials posted by users. L&R reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, court order, or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in L&R’s sole discretion are objectionable or in violation of this Agreement.

Privacy and Waiver of Claims

Your communications with and through the Website of Personal Data (as defined in our Privacy Policy) will, in most cases, be viewed only by you and by anyone to whom you address such communications, including, without limitation, electronic mail and bulletin boards. When reasonably practicable, L&R will attempt to preserve the confidentiality of such communications. However, you agree that L&R has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other government request, to operate the Service properly, or to protect itself or its subscribers. L&R has no obligation to monitor the Website. However, L&R reserves the right to refuse to post or to remove any information or materials, in whole or part, that, in its sole discretion, are unacceptable or in violation of this Agreement.

Unless otherwise expressly stated herein or in the Privacy Policy, by posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the Website, you hereby grant to L&R a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed.

You acknowledge that transmissions to and from this Website are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to L&R, no confidential, fiduciary, contractually implied or other relationship is created between you and L&R other than pursuant to this Agreement. You hereby waive all rights to any claim against L&R for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. Notwithstanding the foregoing, all personal data provided to the Website will be handled in accordance with the Privacy Policy.

Links and Limitation of Liability

This Website may provide links to other websites or resources. These links are provided by L&R only as a convenience. The inclusion of any link does not imply any affiliation, association, adoption, or endorsement by L&R of the site or any of the information or content therein. Because these linked sites and resources are not under the control of L&R, you acknowledge and agree that L&R is not responsible or liable for the content, advertising, products, services, or other materials on any linked site or any review, changes, or updates to such sites, or any use thereof. It is the user’s responsibility to take precautions to ensure that whatever linked site and resource is selected is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Disclaimer of Warranties

THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, L&R AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER: FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE; FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES; OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHER, L&R AND ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. L&R 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. L&R 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.

L&R shall not be liable for delays or defaults in furnishing the services or products hereunder including technological, computer hardware or software errors, delays or breakdowns and including any delays or defaults on the part of L&R that are due to causes beyond the reasonable control of L&R, including those caused by attacks from unauthorized users who access L&R’s technological infrastructure.

Applicable Law

The laws of the State of New York apply to everything relating to L&R’s and the Website’s relationship to you. This means that any and all disputes, claims and controversies arising out of or relating to the Website, including the sale of products, content, services, or technology, on or used through the Website, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions (except for Sections 5-1401 and 5-1402 of the New York General Obligations Law). The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Disputes/Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. L&R and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the provisions in this section. For purposes of this section, we will use the term “Dispute” means any dispute, claim, or controversy arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the Website, your access to and/or use of the Website, and/or the provision of content, products, services, and/or technology on or through the Website.

In the event of a Dispute, L&R or you must give the other notice of the Dispute. This notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the Dispute and the relief requested. You must send any such notice to L&R by email to webadmin@lrdist.com or by U.S. Mail to L&R Distributors, Inc., Attn: Legal Dept., 88 35th Street, Building 4, 5th Floor, Brooklyn, NY 11232. To the extent that L&R has your contact information, it will send any such notice to you by U.S. Mail.

We will try to resolve any Dispute through informal negotiation within 30 days from the date that any notice of Dispute is sent by U.S. Mail. L&R and you shall use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations. After 30 days, L&R or you may resort to the other alternatives described in this section.

Notwithstanding the foregoing, Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Website shall not be subject to arbitration, and the notice and 30-day negotiation period required by this section shall not apply to these types of Disputes.

Except as otherwise specifically set forth below, any Dispute of any kind, if unresolved through informal discussions within 30 days of the sending of the notice described above, shall be resolved by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in New York, New York, and L&R and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.

The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. L&R and you understand that, absent this mandatory arbitration provision, L&R and you would have the right to sue in court and have a jury trial. L&R and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

If L&R’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the AAA Rules, solely based on documents submitted to the arbitrator.

You or L&R may choose to pursue a claim in small claims court where jurisdiction and venue over you and L&R otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide L&R 30-day advance notice by email at webadmin@lrdist.com or by U.S. Mail to L&R Distributors, Inc., Attn: Legal Dept., 88 35th Street, Building 4, 5th Floor, Brooklyn, NY 11232.

You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to L&R by email at webadmin@lrdist.com or by U.S. Mail to L&R Distributors, Inc., Attn: Legal Dept., 88 35th Street, Building 4, 5th Floor, Brooklyn, NY 11232. The notice must be sent within 30 days of your first use of the Website. If you do not opt out via this method, you will be bound to arbitrate Disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, L&R will not be bound by them either. If any clause within this Disputes/Arbitration section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. In any event, if for any reason a Dispute between L&R and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms of Use the matter is not subject to arbitration), L&R and you agree to waive, to the fullest extent allowed by law, any trial by jury.

Termination

We may close your account at any time in our sole discretion and without notice to you. While we always want to promote a great shopping experience at L&R, this means we can close (or suspend) your account if we believe you are using the Website in a manner not intended by us or in a way that circumvents these Terms of Use. In no case will L&R’s closure of your account, or reduction of your access to the Website, waive or affect any other right or relief to which L&R may be entitled.

How to Contact Us

If you have any questions or comments about these Terms of Use, or if you would like us to update information we have about you, please contact us at webadmin@lrdist.com or Website Administrator, L&R Distributors, Inc., 88 35th Street, Building 4, 5th Floor, Brooklyn, NY 11232.