The following Terms of Use for the Lev Group Web Site (the “Web Site”) are terms of a legal agreement between you and Lev Group. (“Lev Group” or “we”). Your access to and use of the Web Site is subject to your compliance with all applicable laws and the following terms and conditions. By browsing this Web Site, you accept these Terms of Use without limitation or qualification. If you are using this Web Site on behalf of your employer, you represent that you are authorized to accept these terms and conditions on your employer's behalf. This Agreement shall automatically terminate upon your failure to comply with its terms.
- 1. USER ELIGIBILITY. You must be eighteen (18) or over to use the Web Site.
- 2. MODIFICATION OF TERMS OF USE AND WEB SITE. Lev Group may revise and update these Terms of Use at any time without notice to you. Your continued usage of the Web Site after any changes to these Terms of Use will mean that you accept those changes. Lev Group also may change, supplement, delete or update any aspect of the Web Site and establish or change general practices and limits concerning Lev Group products and services in its sole discretion, without notice to you.
- 3. OWNERSHIP OF CONTENT ON THE WEB SITE a. Copyright. Lev Group and/or others own the copyright and other proprietary rights in all information, data, text, software, music, audio, photographs, graphics, video, messages, software or other materials ("Content") displayed on or contained in this Web Site. You may download, display, print out and distribute copies of the Content contained on this Web Site, solely for your own non-commercial use or for your organization’s internal use. You may not make any other use of Content contained on this Web Site -- including without limitation, reproduce, distribute, modify, adapt or republish any Content or “frame” or “mirror” any Content displayed on or contained in the Web Site -- without the prior written consent of Lev Group. You also may not delete or modify any copyright and other proprietary notices that appear on or in connection with any Content. b. Trademarks. The trademarks, service marks, and logos displayed on this Web Site are registered and common-law trademarks of Lev Group and others. You may not use any trademark displayed on the Web Site without the prior written consent of the trademark owner. behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web Site; your address, telephone number, and email address; a written statement by you that you have a good
- 4. LINKED SITES. We may provide links to other Web sites solely for your information and convenience. We do not control any of those linked Web sites, we may not have reviewed them, and we make no representations or warranties and assume no responsibility for anything that may happen through your use of any linked Web site. You should read carefully the terms of use of any other Web site that you may use.
- 5. POSTING OF CONTENT. Any communication or material (“Material”) you post to this Web Site will be treated as non-confidential and non-proprietary, and Lev Group or its affiliates may disseminate or use such Material for any purpose whatsoever, including developing, manufacturing or marketing products or services. You may not post any unlawful, libelous, defamatory, inflammatory, threatening, pornographic, profane, or scandalous Material or other Material that may give rise to civil or criminal liability or otherwise violate any applicable law.
- 6. OTHER PROHIBITED CONDUCT. You may not disguise the origin of information transmitted through the Web Site, place false or misleading information on the Web Site, or input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that reasonably can be anticipated to damage, or interfere with the Web Site or any of the information on the Web Site or any copyrights, trademarks or other proprietary rights of Lev Group or any party whose copyrights or trademarks are displayed on the Web Site. You may not, nor may you allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify the Web Site or any Content in any other ways, nor may you directly, or indirectly, collect or attempt to collect any information about others, including account information, or allow others to do so.
- 7. PRIVACY. All personal data such as your name, address, telephone number or e-mail address that you transmit to this Web Site by filling in a form, sending an e-mail, or otherwise, will be handled in accordance with our Privacy Policy.
- 8. DISCLAIMER OF WARRANTIES. ROSE DISPLAYS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS IN ANY MATERIALS CONTAINED IN THIS WEB SITE OR ANY LINKED WEB SITE WILL BE FREE OF ERRORS, THAT ALL DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THIS WEB SITE, OR ANY LINKED WEB SITE, AVAILABLE ARE OR WILL BE FREE FROM VIRUSES AND THE LIKE OR WILL OPERATE IN YOUR PROCESSING ENVIRONMENT OR WILL BE AVAILABLE 24/7. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROSE DISPLAYS SHALL NOT BE LIABLE TO ANYONE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, TYPOGRAPHICAL OR OTHER ERROR OR OMISSION IN OR RELATING TO THIS WEB SITE OR ITS CONTENTS OR RELATING TO ANY LINKED WEB SITE OR THE CONTENTS OF SUCH LINKED WEB SITE, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEB SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
- 9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROSE DISPLAYS OR ITS SUPPLIERS BE LIABLE TO ANY PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF OR DAMAGE TO PROPERTY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), CLAIMS OF THIRD PARTIES, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER ARISING AS A CONTRACT, NEGLIGENCE, OR TORT ACTION, IN CONNECTION WITH USE OF THIS WEB SITE OR ANY LINKED WEB SITE, EVEN IF ROSE DISPLAYS OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
- 10. Indemnity. You will indemnify Lev Group and hold us, our affiliates, officers, agents, and employees harmless from any loss, liability, claim, demand, fees and expenses, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Web Site.
- 11. GOVERNING LAW, JURISDICTION, TIME LIMIT ON CLAIMS. Any dispute that you may have with Lev Group will be governed by the laws of the Commonwealth of New York without regard to its conflicts of law provisions. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You hereby submit to personal jurisdiction by and venue in the state and federal courts of the Commonwealth of New York, City of New York. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.
- 12. ADDITIONAL TERMS. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision within these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.