Terms and Conditions were last modified and are effective as of September 21, 2016.
We will refer to users of our Website, our features, functions and services individually and/or collectively as "users", "you" or "your" to make reading these materials easier. When you see the word "use" or "using" we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through our Website, for any purpose, or if you try to do any of these things.
By using our Website you are acknowledging you have read and understand the legal agreement you have with us, and unless you immediately stop using or trying to use our Website, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms and Conditions.
Terms and Conditions and Website Changes
We reserve the right to add to, delete or modify these Terms and Conditions as well as all or part of our Website at any time and from time to time by updating or revising this posting and such revisions shall take effect as of the date of posting. If you use our Website after the changes become effective, it means you are agreeing to be bound by the changes. We encourage you to check back here frequently so you remain aware of the current Terms and Conditions that apply to you.
Ownership and Use of LaMotte's Website and Content
We maintain our Website for your information, education and entertainment and shopping. Our Website and, except as described below, all Content, is either the property of LaMotte's or our affiliates, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners (collectively, "LaMotte's Entities"), and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. To avoid any doubt, when the word "Content" is used it includes, but isn't limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, 'look and feel' and arrangement of items and all copyright able or otherwise legally protectible elements of our Website.
Except as set forth in the Unsolicited Suggestions: They Become Ours and We Have No Obligation to You section below, you keep ownership to any and all Content that is yours and if you submit or provide Content, these Terms and Conditions do not deprive you or any holder of your or their rights. However, when you do submit or provide Content to us for our Website, you are giving us an unconditional, irrevocable, transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast that Content ("license") and you are representing and warranting to us you have the right to give us such license. If you do not have the right to license Content as set forth in these Terms and Conditions (or if you are not sure), please do not submit or provide Content.
You may only use our Content and Content of other users for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
Unsolicited Suggestions: They Become Ours and We Have No Obligation to You
As a result, we have adopted a policy whereby we do not agree to accept, on any terms or under any conditions, Unsolicited Suggestions. Please do not submit, post or send us any Unsolicited Suggestions, because if you do or you attempt to do so (whether you ignore these warnings or don't read or attempt to understand them) you are agreeing we can treat the Unsolicited Suggestion as our own, without any obligation of confidentiality, without any restrictions or conditions, without obligation or liability to you or anyone else. We will be free to use or choose not to use all or any part of any Unsolicited Suggestions you submit for any purpose, any time and anywhere in the world and we will also have the right to modify or re-purpose or do anything or refrain from doing anything with such Unsolicited Suggestions, free and clear of any requirements or restrictions of any kind. You should also understand that we will have no obligation to compensate, reward, account to you, notify you or even acknowledge any matters that relate to an Unsolicited Suggestion you submit. If you are not sure about your rights, consult your legal advisor before submitting anything to us.
Registration Our Website may allow you to register and create an account in order to access certain Content on our Website. As part of the registration process, you will choose a user name and password (or we may assign an initial password, which we will give you the option to change).
In addition, when you register you may be automatically subscribed to receive certain email notifications and Content from us ("Automatic Communications"), or we may give you the option to select and receive certain email notifications and Content from us ("Voluntary Communications"). You will always have the option to unsubscribe from Voluntary Communications and promotional Automatic Communications.
You are responsible for maintaining the confidentiality of any user name or password you are required to create. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name and password, or your authorization of anyone else to use your user name or password, and you will defend and indemnify us for any such harm as set forth in the Indemnification section below. You agree to immediately notify us if you become aware or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns.
Right to Terminate
We have the right to discontinue, suspend or terminate your use of our Website at any time, including any time we determine, in our sole judgment, you or your use of our Website, your Content or any Posting you make may violate these Terms and Conditions. In addition to any other rights and remedies we may have under these Terms and Conditions, we have the right to: (a) refuse to allow you further Posting; (b) remove, modify, re-format or delete your Posting; (c) revoke your right to use the Website; and (d) use any technological, legal, operational or other means available to enforce these Terms and Conditions.
Links to Other Websites
If you see or use any links or conduits on our Websites which allow you to browse, redirect or visit any other websites, web pages or other internet or web-based locations, it does not infer in any way that LaMotte's Paint & Glass is associated with or has endorsed, reviewed or even knows anything about that site or page and we have no obligation, responsibility or liability to you or anyone else if you go to another web site, page or address outside our Website, even if a link on our site allowed you to do so. When you leave our Website, you should confirm the terms and conditions, privacy and other policies that apply to you since LaMotte's Paint & Glass neither controls, nor has any responsibility for any third party sites, their practices or anything associated with their operations.