2. LICENSE AND CONDITIONS
Lexia grants you a limited license to access and make use of the Website. As a condition of such license, you agree:
- not to download or modify any part of the Website, except with the express and prior written consent of Lexia;
- not to download or copy any account information for the benefit of another merchant;
- not to collect or make any use of any product listings, descriptions, or prices;
- not to resell or make any commercial use of this Website or its contents;
- not to reproduce, duplicate, copy, sell, resell or otherwise exploit the Website for any commercial purpose without express written consent of Lexia;
- not to make any derivative use of this Website or its Content;
- not to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lexia and its group companies without express written consent of Lexia;
- not to use any meta tags or any other “hidden text” utilizing the Lexia name or trademarks without the express written consent of Lexia; and
- not reproduce or store any part of this Website in any other website or include any part of this Website in any public or private electronic retrieval system or service without prior written permission from Lexia.
Trademarks of Lexia indicated on the Website are trademarks of Lexia or its group companies, used and/or registered in the United States and other countries. Other names appearing on the Website may be trademarks of their respective owners. Without the prior consent of Lexia, you agree not to display or use in any manner the Lexia trademarks.
Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
While Lexia attempts to ensure that this Website is normally available 24 hours a day, Lexia shall not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond the control of Lexia.
4. VISITOR MATERIAL AND CONDUCT
You are prohibited from posting or transmitting to or from this Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licenses and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking; using robots, spiders, data mining or similar data gathering tools; and automated submission of data).
Lexia shall fully co-operate with any law enforcement authorities or court order requesting or directing Lexia to disclose the identity or locate anyone posting any material in breach of this paragraph 4.
5. LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Lexia has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Lexia therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Lexia logo;
- you do not create a frame or any other browser or border environment around this Website;
- you do not in any way imply that Lexia is endorsing any products or services other than its own;
- you do not misrepresent your relationship with Lexia nor present any other false information about Lexia or any of our products or services;
- you do not otherwise use any Lexia trademarks without express written permission from Lexia;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- you agree that Lexia may request that you remove any link to this Website at any time for any or no reason without obligation or liability to you, and that you will promptly comply and cause all links to be removed upon receipt of such notice.
- you shall fully indemnify and hold Lexia harmless from any claim, loss, damage or liability arising from or relating to your breach of this paragraph 5.
Lexia expressly reserves the right to revoke the license granted in Section 2 for breach of these terms and to take any action it deems appropriate.
While Lexia attempts to ensure that the information on this Website is correct, Lexia does not warrant the accuracy and completeness of the material on this Website; that the Website or Content will meet your requirements; that the Website or Content will be available on an uninterrupted, timely, secure, or error-free basis; that results that may be obtained through use of the Website or any Content provided on or through the Website will be accurate or reliable; or that the quality of any Content purchased or obtained by you on or through the Website will meet your expectations. Lexia may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and Lexia makes no commitment to update such material. The material on this Website is provided “as is” and “as available” basis, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Lexia provides you with this Website on the basis that Lexia excludes all representations, warranties (either express or implied), conditions and other terms (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement and the use of reasonable care and skill) which but for this agreement might have effect in relation to this Website.
To the maximum extent available under applicable law, Lexia, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Lexia affiliated companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, special, punitive, exemplary or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort [including without limitation negligence], contract or otherwise) in connection with this Website or any Content in any way, or in connection with the use, inability to use or the results of use of this Website or any Content, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or any websites linked to this Website, or your downloading of any material from this Website or any websites linked to this Website. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
Issue Date: May 11, 2016
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