Loeb reserves the right to make changes to its Terms at any time. Each time you use the Website, you should visit and review the then-current Terms that apply to your use of the Website and any transactions made while on the Website. If you do not intend to accept the Terms as modified, you must immediately terminate access to or use of the Website. The Website is available only for your personal, non-commercial use. You agree, and continue to agree, to use this Website in a manner consistent with the applicable laws and regulations and in accordance with these Terms. In addition, when you visit or purchase from any business affiliated with Loeb, whether or not included in the Website, you will be subject to the terms and conditions applicable to such service or business. If those conditions are inconsistent with the Terms, those terms and conditions will control.
- Restrictions on Use of Website and Inappropriate Behavior You will not engage in any conduct that, in Loeb’s sole determination, restricts or inhibits any other person from using, accessing or enjoying the Website. Except as expressly provided herein or with Loeb’s prior written consent, you may not copy, modify, distribute, download, display, transfer, post, or transmit the Website or any of its content in any form. You will not access or use the Website for any unlawful purpose. You will not post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially, ethnically or otherwise, or any material of any kind that Loeb may consider objectionable. Tampering with the Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.The following activities are also expressly prohibited and you will not engage in any such activities which include, but are not limited to: using the Website for any non-personal or commercial use; using any “robot”, “spider”, other automatic device, or manual process to monitor or copy the Website or any of its Content; “mirroring” or “framing” the Website or any Content on any other server; collecting or using products or Loeb or third party product information provided through this Website for the benefit of any supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionate burden on the Website or otherwise interferes with its function or value.
- Ownership of Information and Intellectual Property Contained on Website ”Content” means any and all images, content, pricing, text, audio, instructional, customer IDs and other information, product information, graphics, sounds, links, data compilations and other components found on or in this Website. The Content is the property of Loeb and is protected by copyright (whether published or unpublished), patent (whether or not reduced to practice), trademarks, trade secrets or other proprietary rights. These rights are valid and protected in all forms of media and technologies existing now or hereinafter developed. Your right to use this Website does not include any right of resale or commercial use of this Website or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its Content; any downloading or copying of account information for the benefit of another merchant and/or a Loeb competitor; or any use of data mining, robots, or similar data gathering and extraction tools. All Content is a collective work under the U.S. copyright laws and is protected by worldwide copyright laws and treaties. Except as expressly provided in these Terms, you will not, nor will you enable anyone else, to copy, reproduce, modify, publish, download, upload, frame, post, transmit, distribute, modify, alter or use any Content in any way without Loeb’s prior written consent. Loeb grants you only a limited, nonexclusive license solely for you to view, print or download of any content, graphic, form or document from the Website solely for your own personal use and not for republication, reproduction, distribution, assignment, sublicense, sale, or preparation of derivative works. Under this license, you may copy and/or print portions of this Website for the sole purpose of using the information in conjunction with ordering equipment or services from Loeb. Except as may be expressly provided in these Terms, Loeb does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information or the right to use any Content. “Loeb Equipment”, the Loeb logo and all similar names, all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Loeb and are the property of Loeb. You will not use any Loeb trademarks, services marks or trade names in connection with any product or service that is not Loeb’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Loeb. All other product and company names and trademarks appearing or mentioned on the Website are the property of their respective owners. Improper copying or use may constitute an offense that is subject to civil and/or criminal penalties.
- Information Accuracy and Updates The information published on the Website may include technical inaccuracies or typographical errors. Loeb or any supplier whose products are mentioned on the Website may add, delete or change Content or any information regarding any products, including their availability, without notice to you. Loeb and/or its respective suppliers may discontinue, make improvements to and/or changes in the product(s) or product specifications described herein at any time without notice to you. Loeb has no duty to update any Website, any Content, or product information or specifications, and Loeb shall not be liable for any failure to update any such information. Loeb shall not be liable for any errors or omissions on a Website. Loeb does not warrant the accuracy or completeness of any Content or products offered through the Website. Loeb makes no representation that the Website or any Content is appropriate or available for use in other locations in territories where Content is illegal or is prohibited. Content is made available as a general information forum and is not intended to be formal training or a substitute for formal training.Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including manufacturers and users, are those of the respective author(s) or distributor(s) and not of Loeb. In many instances, the Content available through the Website represents the opinions and judgments of the respective information provider or user. Loeb neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Loeb spokespersons acting in that capacity.
- Links to Other Websites Loeb makes no claim or representation, and accepts no responsibility regarding any websites accessible by hyperlinks from this Website or other websites linking to this Website. Use of other websites is subject to the terms and conditions on those websites.
- Use of Instructional Materials Product information contained in this Website is general information and may not be applicable to your specific uses or circumstances. Information on this Website should not be relied upon in any specific application, and Loeb disclaims any liability for any such reliance.
- Communication of Unsolicited Ideas Loeb is not seeking any unsolicited ideas, suggestions or materials relating to the development, design, or marketing of its Content. However, you may submit messages, data, comments and provide other information (collectively, “Messages”) so long as it is not obscene, illegal, threatening, or defamatory and so long as such submission, and the content thereof, does not invade the privacy, infringe the intellectual property of or otherwise violate the rights of or injure Loeb or any third party, or contain a software virus, mass mailing, chain letter, or any form of “spam.” You will not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. Any Messages submitted by you to Loeb through this Website shall be and remain the sole and exclusive property of Loeb and may be used by Loeb for any purpose whatsoever, commercial or otherwise, without compensation to you. You represent and warrant to Loeb, and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute your representation and warranty that neither the submission nor any content thereof is in breach of these Terms, and your assignment to Loeb of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages in any medium. Loeb is entitled to use, copy modify, disclose, translate, distribute and make derivative use of any of the Messages for any purpose without restriction, and without compensation to you.
- Access to Password Protected/Secure Areas Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution. You are responsible for securing and 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. Loeb and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
- Terms and Conditions of Sale As a “customer” purchasing products or services from Loeb, you are bound by the Terms and Conditions of Sale, which are incorporated herein and applicable to all products and services sold by Loeb to you. In the event of any conflict between these Terms and the Terms and Conditions of Sale, the Terms and Conditions of Sale shall control. You may issue a purchase order for administrative purposes only. Terms and conditions contained in any such purchase order are not binding on Loeb, and will be null and void unless Loeb otherwise agrees in writing. No course of prior dealings between Loeb and you or any other party, and no usage of trade, will be relevant to determine the meaning of these Terms or the sale or any purchase order or invoice related to any products sold by Loeb to you. Loeb is not responsible for any sales, use, value added or other taxes, fees or charges arising out of transactions made through this Website or use of this Website. Risk of loss and title for such items pass to you upon our delivery to the carrier.The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Loeb reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Prices and availability of equipment on the Website are subject to change without notice. Loeb reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted.You consent to receiving electronic records and communications from Loeb, which may be provided via a web browser or e-mail application connected to the Internet. You are required to provide Internet connectivity at your own expense to access the 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.
- Terms and Conditions of Purchase You may submit items for Loeb to purchase through the Website. You agree that, in the event Loeb decides to purchase any items from you, such transaction will be governed a separate agreement and not by these Terms. You may issue a purchase order which shall be for administrative purposes only. Terms and conditions contained in any such purchase order are not binding on Loeb, and will be null and void unless Loeb otherwise agrees in writing. No course of prior dealings between Loeb and you or any other party, and no usage of trade, will be relevant to determine the meaning of these Terms or the sale or any purchase order or invoice related to any products or services Loeb may purchase from you.
- Warranty Exclusions THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO CUSTOMER OR ANY OTHER PERSON OR ENTITY. IF AND TO THE EXTENT THERE ARE WARRANTIES BY THE MANUFACTURER OF NEW MERCHANDISE PURCHASED OR TO BE PURCHASED BY CUSTOMER THROUGH THE WEBSITE, WHICH ARE ASSIGNABLE BY LOEB, ALL SUCH WARRANTIES ARE ASSIGNED TO CUSTOMER AS OF THE TIME TITLE PASSES TO CUSTOMER. WITHOUT LIMITING THE FOREGOING AND WHETHER MERCHANDISE IS NEW, USED OR RECONDITIONED, LOEB DOES NOT MAKE AND DISCLAIMS ALL: EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE TO ANY PLANS OR SPECIFICATIONS CONTAINED ON THE WEBSITE, COMPATIBILITY, ACCURACY OF INFORMATIONAL CONTENT, NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE AND THAT IT MEETS ANY REQUIREMENTS OF ANY FEDERAL, STATE, OR LOCAL LAWS, REGULATIONS, OR ORDINANCES PERTAINING TO SAFETY OR INSURANCE REQUIREMENTS. LOEB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS, PROVIDED BY LOEB OR A THIRD PARTY, INCLUDED ON THE WEBSITE, OR THAT LOEB’S E-MAILS, OR THE WEBSITE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT CUSTOMER’S COMPUTER SYSTEM WILL NOT BE DAMAGED BY REASON OF SUCH USE, OR THAT USE OF THE WEBSITE IS, OR WILL BE, ERROR FREE OR UNINTERRUPTED.
- Limitation of Liability CUSTOMER AGREES THAT ITS USE OF THE WEBSITE IS AT CUSTOMER’S SOLE RISK AND THAT LOEB WILL NOT BE LIABLE BY REASON OF SUCH USE. CUSTOMER AGREES THAT ANY EFFORTS BY LOEB TO MODIFY ITS WEBSITE, PRODUCTS OR SERVICES SHALL NOT BE DEEMED OR CONSTRUED AS A WAIVER OF ANY OF THE FOREGOING LIMITATIONS, OR ACKNOWLEDGEMENT OR EVIDENCE OF ANY DEFECT, NON-CONFORMITY, OR FAILURE OF PURPOSE. CUSTOMER FURTHER AGREES THAT LOEB SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT OR INDIRECT, COMPENSATORY, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY KIND WHICH MAY BE INCURRED OR SUSTAINED BY CUSTOMER, IT’S EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, ARISING OUT OF OR RELATING TO THE WEBSITE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, THIS AGREEMENT OR OTHERWISE, EVEN IF LOEB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. Loeb’s liability in connection with its Websites shall at all times be limited to the maximum extent permitted by law. Some jurisdictions do not permit the exclusion or limitation of liability for consequential, incidental or other damages. To the extent applicable law does not permit any specific exclusion or limitation to apply to you or these Terms, such exclusion or limitation shall be severed from these Terms.
- Indemnification You agree to keep, save, protect, indemnify, and hold harmless Loeb, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred or sustained by Loeb arising out of, relating to or resulting from any breach or default by you under these Terms or any other obligations owed by you to Loeb (including negligent or wrongful conduct).
- Notices Unless otherwise provided in these Terms, all notices, requests, confirmations, elections, waivers, determinations and other communications required or desired to be given in connection with these Terms shall be effective: (a) if given to you by e-mail addressed to your e-mail address on record at Loeb, if any, or, (b) if given to Loeb, then by e-mail addressed to email@example.com, with a copy in writing delivered by any means to Loeb Equipment Supply Company, 8609 W. Bryn Mawr, Suite 208, Chicago, IL 60631, Attention: Webmaster.
- Use in the United States Loeb Websites are controlled and operated by Loeb from its offices within the United States, currently located in Chicago, Illinois. Loeb does not represent that the Website is appropriate or available for use elsewhere. Access to the Website from locations where any of its Content is illegal or not authorized is at your own risk.
- Arbitration Any claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) or other arbitral body the parties may mutually select. The arbitration shall be heard by a single arbitrator with experience with disputes including the subject matter hereof. The arbitration proceeding shall occur in Chicago, Illinois, each party shall bear its own costs relating to such arbitration, and the parties shall share equally the arbitrators’ fees. The arbitration and all related proceedings and discovery shall take place pursuant to a protective order entered by the arbitrators that adequately protects the confidential nature of the parties’ proprietary and confidential information. Either party may, without waiving any remedy under the Terms, seek from any court of competent jurisdiction any interim or provisional relief that such party deems necessary to protect its confidential information and property rights pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the claim).
- Jurisdiction and Venue These Terms shall be construed and governed by the laws of the State of Illinois, notwithstanding any conflicts of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the Chicago, Illinois. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to your access to or use of the Website, Content or these Terms must be brought within one (1) year after such claim or cause of action arises.
- Miscellaneous Terms These Terms constitute the entire agreement between Loeb and you as to the subject matter hereof and supersede any prior representations, warranties, understandings or agreements relating thereto, whether written or oral. Loeb’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. If any provision of these Terms is held to be invalid, void or unenforceable by a court of competent jurisdiction, then such provision shall be deemed severed from these Terms and will not affect any other provision of these Terms, the balance of which shall remain in and have their intended full force and effect. The headings and titles of the sections of the Terms are not a part of these Terms, but are for convenience only and are not intended to define, limit or construe the contents of any such sections.