Leggari Products LLC Terms of Use
Acceptance of Terms of Use
By visiting, browsing, or this or any affiliated website or portal published by Leggari Products LLC, or any of its affiliates or subsidiaries (severally and collectively, “Leggari” and “Website”) you or your representatives (i.e., “you”) accept, without limitation or qualification, these Terms of Use (Terms) and you further agree, without limitation, to the terms of our Privacy Policy. If you do not agree to these Terms and our Privacy Policy, do not use our services or visit our Websites. Acceptance of these Terms constitutes a binding legal agreement between you and Leggari.
Changes to Terms
Leggari may revise these Terms and its Privacy Policy at any time. Because your use of any Leggari Website binds you to these terms and such revisions, you should periodically visit this page to review the most recent and current Terms, as well as the Privacy Policy page, thoroughly reviewing the terms and conditions to which you are bound. Your use of any Website after such changes means you agree to such Terms and Leggari’s Privacy Policy as posted at that time.
Limitations of Use
You must be at least 18 years of age to access our Website or use our services. By accessing our Website, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses, malware, or any code, files, or programs designed to interrupt, limit, impair, or destroy the functionality of any computer software or hardware or telecommunications equipment associated with the Website. You also agree not to interfere with any servers or networks connected to or supporting the Website, or to violate any of the policies, procedures, or regulations of any networks connected to the Website, whose terms Leggari hereby incorporates by reference. You also agree not to: (i) impersonate any other person while using the Website, (ii) conduct yourself or act in an inappropriate, offensive, indecent, or vulgar manner while using our services or Website, or (iii) use the Website for any unlawful purpose. You further agree to only submit content to the Website that (a) complies with all applicable laws, rules and regulations, (b) is owned by you, (c) (if you are not the owner) is submitted with the express permission of the owner or within the scope of the license to such content, or (d) in the public domain. Leggari reserves the right to terminate your access to the Website if Leggari determines you are not complying with these Terms or if you provide false, inaccurate, or incomplete information during any registration process. Leggari may also terminate your access to the Website if you engaged in or engage in any conduct that would otherwise harm any Leggari right or interest in its Website, services, or other any other property, or for any or no reason whatsoever, without prior notice to you.
Links
Some of the hyperlinks on the Website may lead to third-party websites. Leggari neither controls such third-party websites nor is it affiliated with such Website. In addition, such websites may link to our Website, in which case Leggari is not responsible for the content or privacy policies of such third-party websites.
Intellectual Property
The Website element, including, but not limited to, text, graphics, logos, depictions, designs, photographs, images, digital downloads, data compilations, sound, video, transcripts, training, software, and the like, are protected by United States and international copyright, trademark, and trade dress laws and are the property of Leggari or , its affiliates. The compilation of the Website’s content is Leggari’s exclusive property.
Copyrights
Leggari shall own the copyright to all Material provided to Leggari or submitted to Leggari’s Website. You may not copy, reproduce, distribute, republish, download, display, post, or transmit in any form (generally, verbatim, or otherwise) or by any means (including, but not limited to, electronic, video, picture, mechanical, photocopying, recording, or otherwise) any Material contained in or provided or submitted to Leggari or any Leggari Website, without Leggari’s prior written consent. Leggari hereby grants you, individually (not commercially) permission to view, copy, download, and print Material for personal, noncommercial use, provided you only use such Material for informational, instructional, application, and installation purposes. Note: All Material that you copy, download, and print must contain this copyright notice. Leggari can revoke, at any time, the foregoing privilege. You will not mirror any material contained on the Leggari Website without Leggari’s prior written permission. Upon termination of any rights extended under these Terms, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Websites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Notification of Copyright Infringement
If you believe that a work you own and that is protected by copyright and has been used or copied in a way that constitutes copyright infringement, and such infringement is occurring on the Websites or any sites linked to the Websites, provide Leggari’s Copyright Agent (identified below) a written or electronic notice (“Notice”) containing the following information:
- your full legal name, as well as your address, telephone number, and email address;
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
- an identification of the copyrighted work(s) you claim is/are being infringed;
- an identification of the material you claim is infringing and its location;
- a statement by you that you have a good faith belief that the disputed use of the copyrighted work(s) is/are not authorized by you, the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent
Name: Lee & Hayes, PLLC (General Counsel), c/o Leggari Products LLC – Address: 601 W Riverside Ave # 1400, Spokane, WA 99201 – Telephone: (509) 324-9256 – Email copy to: [email protected] & [email protected]
YOU SHOULD ONLY CONTACT THE COPYRIGHT AGENT TO NOTIFY THE COPYRIGHT AGENT THAT YOU BELIEVE LEGGARI HAS USED YOUR OR COPIED YOUR WORK IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THE WEBSITE. NEITHER LEGGARI NOR THE COPYRIGHT AGENT WILL TAKE ANY ACTION OR RESPOND TO ANY OTHER REQUEST, INQUIRY, OR COMMUNICATION SENT TO THE COPYRIGHT AGENT FOR ANY OTHER PURPOSE.
Leggari will terminate users who repeatedly infringe copyrights or who receive multiple copyright infringement complaints.
Trademarks
Trademarks, service marks and logos (“Trademarks”) used and displayed on the Website, Leggari or otherwise, include registered and unregistered Trademarks. Nothing on the Website or in these Terms construes granting, by implication, estoppel, or otherwise, any license or right to you or any other person or party the ability, right, or permission to use any Trademark displayed on the Website, without Leggari’s prior written consent or the prior written consent of such Trademark owner. You may not use Leggari’s name or any Leggari Trademark in any way, including, but not limited to, advertising, promotion, sales, service, or any form of publicity pertaining to the sales, resale, or distribution of any Leggari materials, products, or services, without Leggari’s prior written consent. Leggari prohibits the use of any Leggari logo and Trademark as a “hot” link or any other link to any website, Leggari approves such action, in writing, prior to establishing such link.
Use of Information and Submitted Materials
Leggari is free to use any photos, drawings, text, comments, suggestions, information, ideas, concepts, reviews, techniques and or any other content or information (collectively and severally, “Materials”) that you submit or provide to Leggari or submit to or post on any Leggari Website or affiliated Website. This shall include any Material contained in any communication that you send to Leggari, through the Websites or otherwise. In all cases, Leggari may use such Material without any compensation, or acknowledgment or payment to you. Leggari may use such Material for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and creating, modifying or improving the Website or other Websites, improving its techniques and process, or any other purpose. Any Material that you submit becomes and remains the sole property of Leggari. By such submission, you hereby assign all right, title, and interest in such submitted Material to Leggari. Without limiting the foregoing, Leggari may use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, and otherwise make use of Materials in any and all media, whether now known or hereinafter created, throughout the world and for any purpose, without royalty, compensation, or remuneration of any kind to you. If you cannot assign such Materials to Leggari, you hereby grant Leggari an irrevocable, worldwide, fully paid, royalty-free license to use the Materials as otherwise described in these Terms and for any other purpose. Leggari is not responsible for the confidentiality of any information communicated to our Websites. By communicating material to our Websites, you agree that Leggari has the right to publish the material for any purpose, including, but not limited to, advertising and promotional purposes. You acknowledge and agree that Leggari shall have no obligation to post, display, or otherwise make publicly available any Materials submitted by you. Any Material that you submit to Leggari or a Leggari Website is subject to Leggari Privacy Policy, which these terms hereby incorporate by reference.
You acknowledge, understand, and agree that Leggari may use any Material that you submit to Leggari or a Leggari Website. Leggari can use such Material for viewing, reviewing, rating, and commenting by the public or any other party. You acknowledge that Leggari may publish comments or ratings that are negative, disparaging, or with which you disagree. By submitting Materials to Leggari, you waive any recourse and all privacy expectations that you may have with respect to said Materials, and you further agree that Leggari is not responsible or liable for any viewing, rating, reviewing, or commenting by the public with respect to any submitted Material.
When you provide or submit any Material to Leggari, you represent and warrant that such Material complies with all applicable laws, rules, and regulations. You further represent that such provision or submission does not infringe any copyright, trademark, property rights, rights of privacy, or publicity of any person, including, without limitation, intellectual property, and proprietary rights. You further represent that you have a full and unrestricted right to provide, transfer, and submit such Material to Leggari, free and clear of any claims or encumbrances. You hereby agree, without limitation, to defend and to hold harmless, Leggari and its officers, directors, employees, agents, successors, and assigns (including their marital communities), from and against any claims or counterclaims arising out of or in connection with any breach of the foregoing representation, warranty, or use of Leggari.
Submissions
You are responsible for all Material that you provide or submit to Leggari or post on any interactive Website. If Leggari suspects that such information is untrue, inaccurate, not current, incomplete, or violates any law, Leggari can suspend or terminate your account, suspend or refuse any or all current or future use of any Leggari Website, and further hold you responsible for any direct or indirect claim or damage, or otherwise, arising from such Material. Any message, post, or submission not affiliated with a valid Leggari account or email address is subject to removal by Leggari in its sole discretion. All Material that you provide, post, or submit to Leggari or any Leggari Website is subject to disclosure to all regulatory, legal, or criminal authority and third parties associated to such entities.
You provide, submit, or post Material at your own risk. Leggari is not responsible for and disclaims all liability related to your submission of any Material, including your reliance on any information Material posted on any Leggari Website by any other person or by Leggari, which includes all instructional and related training videos and material). Leggari is not responsible for the accuracy, content, or reliability of any information posted on this site by other users.
Monitoring and Management of Website Content
Leggari shall have the right, but not the obligation, to monitor your account or use of the Website, including any Material that you provide or submit to Leggari or the Website, to determine compliance with these Terms and any other operating rules established by Leggari. Leggari may also monitor your use of the Website and any associated Material to determine compliance with applicable laws, including, but not limited to, copyright laws. Leggari may, in its sole discretion, edit, refuse to post, block access to, or remove any Material that you provide, post, or otherwise submit to Leggari or the Website. Leggari may take such action if it suspects or finds such Material violates f these Terms or Leggari believes such Material violates any law or any person’s rights, including, without limitation, laws against copyright infringement and rights of privacy and publicity.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR GROSS NEGLIGENCE, SHALL LEGGARI OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES (INCLUDING THEIR MARITAL COMMUNITIES) BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. SUCH DAMAGES SHALL INCLUDE, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INTENDED USE, OR THE INABILITY TO USE THE MATERIALS ON THE WEBSITES, EVEN IF LEGGARI OR A LEGGARI REPRESENTATIVE HAS IN ANY WAY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 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. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN ACCORDANCE WITH THE SPIRIT AND INTENT OF THIS LIABILITY LIMITATION.
Release of Liability and Assumption of Risk
Because Leggari is pioneering new products and techniques, it has not performed every possible product safety test regarding to the preparation, application, and installation processes, and end use (after installation), maintenance, or repair (collectively, “order and use”). Leggari heavily relies on the preparation, application, use instructions, and other safe handling and use precautions provided or recommended by its vendors and other strategic partners. You purchase, prepare, apply, and use Leggari products at your own risk. There may be certain elements of risk associated with the order and use of Leggari not yet known by Leggari, the industry, its suppliers, its vendors, and other strategic partners, or any other Party. By ordering or using any Leggari product, you acknowledge, understand, and accept all known and unknown risks now or later associated with the order and use of any Leggari product. By such order or use, you further assume all responsibilities for any aspect of said order and use. You also irrevocably and unconditionally release, forever discharge, and hold harmless Leggari, its successors, and its assigns, including, but not limited to, each Leggari director (on its Board of Directors or the equivalent thereof) and Leggari Product’s officers, employees, agents, contractors, resellers, affiliates, and the marital communities thereof (the “Releasees”). You hereby release the Releasees from any liability, claims, and demands of any kind or nature, in law or in equity, arising out of or that may hereafter arise from your order or use of any Leggari product.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE WITH THE TERMS OF THIS RELEASE AND HEREBY AGREE TO FOREVER DISCHARGE, DEFEND, AND HOLD HARMLESS, THE RELEASEES, FROM All LIABILITY, DEMAND, OR CLAIM OF ANY KIND OR NATURE AGAINST THE RELEASEES, EITHER IN LAW OR IN EQUITY. YOU ALSO UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT NO RELEASEE WILL ASSUME, NOW OR LATER, RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE ANY FINANCIAL OR OTHER ASSISTANCE, INCLUDING, BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABILITY INSURANCE OR PAYMENT OF ANY KIND FOR ANY REASON, IN THE EVENT OF ANY INJURY OR ILLNESS ASSOCIATED WITH ANY ORDER OR USE OF LEGGARI. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN ORDER OR USE OR OTHER’S ORDER AND USE OF SUCH LEGGARI, ACTION, INACTION, OR NEGLIGENCE. NONETHELESS, I ASSUME ALL DIRECTLY AND INDIRECTLY RELATED KNOWN AND UNKNOWN RISKS TO ME, REGARDING MY ORDER AND USE OF LEGGARI.
Your order or use of any Leggari Product signifies and demonstrates your understanding, acknowledgement of, and agreement with this release of liability and assumption of risk and all of its terms. If you are contractor or subcontractor and you directly or indirectly order or use any Leggari as part of your business, you hereby agree to include or use this entire (or a greater) Release of Liability and Assumption of Risk with your clients, specifically releasing Leggari and its affiliates from any liability. If you do not understand, acknowledge, or agree with this release of liability and assumption of risk, do not order or use any Leggari.
Indemnity
You agree, without limitation, to indemnify, defend and hold harmless Leggari, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Website and any Leggari product, process, or technique. Said indemnity shall include your use of any instruction or training video or material or your breach of these Terms. Leggari shall provide notice to you promptly of any such claim, suit, or proceeding. Leggari may in its sole discretion, assist you (at your expense) in defending any such claim, suit, or proceeding.
Choice of Law
You agree that the laws of the United States and Washington State shall govern any issue or dispute arising out of or in connection with your use of the Website, any Leggari product, Leggari’s intellectual property, the Terms, the Privacy Policy, or any other matter. You agree that you will bring any dispute in the federal or state courts located in either Kennewick, Spokane, or Seattle Washington, and that Leggari, in its sole discretion, may choose such venue. If any court having competent jurisdiction finds any provision of Leggari’s Terms or Privacy Policy invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms or Privacy Policy, which shall remain in full force and effect. By using the Website, you agree to comply with all applicable laws and regulations, including all applicable export and re-export control laws and United States regulations. United States copyright law, trademark law, and international treaties, among other laws, protects the Material provided on the Website. Leggari makes no representation that Materials contained on its Website is appropriate or available for use in other locations or is accessible from territories where the Website’s content is prohibited or illegal. Those who choose to access the Website from locations outside the United States do so of their own accord at their own risk and are further responsible for compliance with applicable local, territorial, and other laws.