Effective Date: July 2022
Our Company and Use of Services
Louisville Ladder, Inc., has its principal office at 7765 National Turnpike, Unit 190, Louisville, KY 40214.
All Services are owned by Louisville Ladder, Inc., (the “Company”) and hosted on servers located inside and outside the United States.
You agree to these Terms by access to or use of any Service. You should not access or use the Services if you do not agree to these Terms and our Privacy Notice.
The Company provides Services for your personal use to provide to you general information. We do not guarantee uninterrupted Services due to scheduled maintenance or upgrades, emergency repairs, failure of telecommunications links and/or equipment, similar occurrences, or issues that might arise due to your equipment and connection.
Our “Materials” which consist of text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, and technical specifications are protected by copyright, trademark, and patent laws under the United States Patent and Trademark Office and United States copyright laws. Trademarks, logos, and service marks displayed in our Services are registered and unregistered trademarks of the Company and no license is granted to you for any trademark, logo, or service mark displayed without written permission from the Company. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way.
You may not:
- Create an account for anyone other than yourself;
- Use another User's account without permission, or solicit, collect or use the login credentials of other users; or
- Sell, transfer, license or assign your account, username, or any account rights.
When creating your account, you must provide true, current, accurate and complete information, and you must update your information as necessary to maintain its truth and accuracy. You are responsible for keeping your password secure and you are responsible for the activity that occurs on your account. You may be liable for our losses or the losses of others due to unauthorized use. If you become aware of or suspect any breach of security or unauthorized use of your password or of your account, you should notify us immediately.
You may not:
- Circumvent, disable or otherwise interfere with any security-related features of our Services or features that prevent or restrict use or copying of any Materials and User Submissions or enforce limitations on use of our Services and the Materials or User Submissions;
- Engage in any activity that interferes with or disrupts our Services (or the servers and networks which are connected to our Services), including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
- Inject content or code or otherwise alter or interfere with the way any part of our Services is rendered or displayed in a user's browser or device;
- Change, alter or modify any part of our Services for any reason;
- Use or launch any type of automated system, including but not limited to, "robots," "spiders," or "offline readers," etc., that accesses our Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- Frame or deep link into the Company’s website;
- Access (or attempt to access) any of our Services, including Materials and User Submissions, by any means other than through the interfaces that are provided by us;
- Use our Services for any illegal or unauthorized purpose.
You are responsible for your submissions and any damages resulting from any infringement of copyright, patent, trademark, proprietary rights, or any other harm resulting from such a submission.
You agree that any submission by you will not be:
- Abusive, obscene, threatening, harassing, defamatory, libelous, offensive, violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate;
- Advertisements, solicitations or spam links to other websites or individuals;
- Defamatory or otherwise used to harass, threaten, impersonate or intimidate people or entities; or,
- False or misleading.
Any submission, information, or material you send to us is not nor shall be treated by the Company as confidential or proprietary. You authorize the Company to use any submission, information, or material submitted by you in any manner and without compensation.
The Company is not responsible for the content of any submission by you or another and you agree to waive any legal or equitable right against the Company for any submission by you or that you have accessed.
The Company contains the absolute right to remove, edit, block, and/or monitor any submission or terminate a user’s access for submitting such material in violation of these Terms.
Limitation of Liability
You understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected by use of our Services. You acknowledge that you have read, understand, and waive the benefit of California Civil Code Section 1542 which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor,” and any similar law of any U.S. state or territory.
We assume no responsibility nor liability caused by the use of our Services, including damages caused by viruses, worms, Trojan horses or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to or use of our Services.
You agree the Company will not be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use of, inability to use or the results of use of our Services, or any Materials contained in any or all such Services (including without limitation, those caused by or resulting from a failure of performance; error; omission; linking to Linked Sites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction of, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages. We shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party. Your sole and exclusive remedy is to stop the use of our Services.
Updates, Revisions and Corrections
We reserve the right to update, revise, or correct these Terms, the Services, or Materials at any time.
These Terms shall be governed by the laws of the Commonwealth of Kentucky, without giving effect to any principles of conflicts of law or the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any claim or dispute between you and the Company that arises from our Services shall be decided exclusively through the United States District Court, Western District of Kentucky.
These Terms constitute the entire agreement between Louisville Ladder and you with respect to your use of our Services. If any provision of these Terms is declared invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
If you access our Services from a location outside of the Commonwealth of Kentucky, you are responsible for compliance with all applicable local laws. Materials published on a website, or otherwise included in our Services, may refer to products, programs, or services that are not available where you reside.
The Company disclaims all representations or warranties, express or implied, of any kind, including without limitation: (i) warranties of merchantability, non-infringement and fitness for particular purpose; (ii) warranties arising from course of dealing or course of performance; (iii) the accuracy, reliability, usefulness, or completeness of any information contained in our Services; (iv) that access to our Services will be uninterrupted or error-free; and (v) that our Services will be secure.
We disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any materials, content, User Submissions, or products or services advertised or offered by a third party through our Services or featured in any banner or other advertising.
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