General Terms of Service10 March,2015
Terms of Service
Welcome to LitFire. Your use of LitFire’s services is subject to these conditions. If you visit or transact business with LitFire, you agree to abide by the Terms of Service stated below. Additionally, when you use any current or future LitFire service, whether or not included in the LitFire website, you will also be subject to the conditions applicable to such service.
Description of Site and Restrictions on Use
LitFire currently provides users with access to online resources, including information regarding LitFire products, support services, and a system for purchasing LitFire products. You understand and agree that the LitFire site is provided “as is”. Except as expressly provided, LitFire does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. You agree that LitFire assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
When you visit our website or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in this site, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of LitFire or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of LitFire and protected by U.S. and international copyright laws. All software used on this site is the property of LitFire or its software suppliers and protected by United States and international copyright laws.
LitFire and other LitFire graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of LitFire. LitFire’s trademark and trade dress may not be used in connection with any product or service that is not LitFire’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits LitFire. All other trademarks not owned by LitFire that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LitFire.
License and site access
LitFire grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of LitFire. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of LitFire. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LitFire and its affiliates without our express written consent. You may not use any meta tags or any other “hidden text” utilizing LitFire’s name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by LitFire. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LitFire as long as the link does not portray LitFire, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any LitFire logo or other proprietary graphic or trademark as part of the link without express written permission. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that LitFire is not responsible for third party access to your account that results from theft or misappropriation of your account. LitFire and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may send e-mail and other communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, indecent, threatening, abusive, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. LitFire reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do submit content, and unless we indicate otherwise, you grant LitFire and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant LitFire and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you submit will not cause injury to any person or entity; and that you will indemnify LitFire and its affiliates for all claims resulting from content you submit.
LitFire and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide written notice of the claimed infringing activity.
Risk of loss
All items purchased form LitFire are made pursuant to a shipment contract. The risk of loss and the title for such items pass to you upon our delivery to the carrier.
LitFire and its affiliates attempt to be as accurate as possible. However, LitFire does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
Links to other websites
Links to other websites from the site are provided solely for your convenience. LitFire is not responsible for the content of any other sites, nor does LitFire make any representations about the content or accuracy of material on any other sites. If you click through to a third party’s website, you do so at your own risk.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
LITFIRE PROVIDES THIS SITE AND ITS CONTENT ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AS TO THE SITE OR ITS OPERATION OR CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. LITFIRE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, AND E-MAILS SENT FROM LITFIRE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
This site uses small files known as cookies as part of user authentication (login) and to collect information about how visitors use our website, for instance, which pages visitors go to most often. These cookies do not collect information that identifies a visitor; all information is aggregated and therefore anonymous and is only used to improve how our website works. By using our website, you agree that we can place these types of cookies on your device. You can avoid cookies by configuring your browser to reject them or at least notify you when a cookie is being placed on your hard drive.
By visiting LitFire, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Litfire or its affiliates.
Any dispute relating in any way to your visit to LitFire or to products you purchase through LitFire shall be submitted to confidential arbitration in Atlanta, GA, except that, to the extent you have in any manner violated or threatened to violate LitFire’s intellectual property rights, LitFire may seek injunctive or other appropriate relief in any state or federal court in the state of Georgia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Remedies for Breach of Terms of Service by You
In the event that LitFire determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of the website, LitFire reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to the website, (iii) delete all content provided by you to the website, (iv) discontinue your registration with the website and/or any other Litfire community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which LitFire deems to be appropriate.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
LitFire may assign its rights and obligations under these Terms of Service and upon such assignment LitFire may be relieved of any further obligation hereunder. You represent to LitFire that you have the authority to register with LitFire according to these Terms of Service. These Terms of Service and any Additional Terms (as such terms shall be identified when posted on LitFire by LitFire) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. <95>Any legally unenforceable provision of these Terms of Service will, at the election of LitFire, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.