Thanks for visiting LHB, Inc.’s (“LHB”) website (“Website”). We are glad you are here. This page includes the terms under which you as a user of this Website (“you”, or “your”) may use this Website so please read these Terms of Use carefully. By using the Website, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the Website.
USE
You agree to access and use the Website only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all applicable laws, statutes, rules, and regulations. By accessing the Website, you agree you will not:
- Restrict or inhibit any other user from using and enjoying the Website;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind;
- Input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any information or system accessible via the Website;
- Post or transmit any information, software, or other material which violates or infringes upon the rights of others, including material which is protected by copyright, trademark, or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
- Alter, damage, or delete any content, other than content created by that user, or otherwise interfere with the ability of other users to access the Website; or
- Otherwise disrupt the normal operations of the Website.
CONTENT
You agree that your use of the Website may result in interaction with other users, and you acknowledge that LHB does not control the messages, comments, information, or files posted by other users. Accordingly, LHB is not responsible for such content. Notwithstanding the foregoing, LHB reserves the right to prohibit conduct, communication, or content, or to edit, refuse to post, or remove any content, in whole or in part, at any time and for any reason.
THIRD PARTY LINKS
As a convenience, and for informational purposes only, LHB may provide external links to other third party websites. LHB has no control over the content of these sites and makes no representations or warranties about the terms of use, privacy practices, or accuracy of information on such sites. By providing external links, LHB does not endorse or adopt any information, articles, products, services, or other materials appearing on or provided by the linked sites. LHB strongly advises you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
INTELLECTUAL PROPERTY FEEDBACK
Any and all intellectual property rights associated with the Website and its contents including, without limitation, text, graphics, designs, images, software, photographs, trademarks, logos, and videos (collectively, the “Intellectual Property”) are the sole property of LHB, its affiliates or third party licensors. The Intellectual Property is protected by copyright and other laws in both the United States and other countries. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of LHB, its affiliates or other entities that have granted LHB the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of LHB. You are not permitted to copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without LHB’s or the appropriate third party’s prior written permission. Except as expressly provided herein, LHB does not grant to you any express or implied rights to LHB’s or any third party’s Intellectual Property.
You assign to LHB all rights, title and interest in any feedback, innovations or suggestions sent by you to LHB regarding the attributes, performance or features of the Website (“Feedback”). If for any reason such assignment is ineffective, you agree to grant LHB a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, and modify the Feedback without restriction.
TRACKING
The Website may include technology enabling us to track the location of your device. By accepting these Terms of Use, you consent to the use of this location tracking technology. In addition, you acknowledge that when you access or use the Website, we may use automatic means (including, for example cookies and web beacons) to collect information about your mobile device and about your use of the Website, including the location of your mobile device. All information we collect through or in connection with the Website, including through the “Contact Us” form, is subject to our Privacy Statement. By accepting these Terms of Use, you consent to the use of this information, subject to our compliance with our Privacy Statement.
NOT AN OFFER FOR SERVICES
Nothing on this Website shall constitute an offer to provide services, a contract for services, or a warranty as to the performance of LHB’s services. LHB makes the information on this Website available for general information purposes only. If you wish to hire LHB for professional design services, a written contract that details LHB’s scope of work, fee, and each parties’ obligations shall be created.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LHB BE LIABLE FOR ANY INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOST PROFITS, LOST GOODWILL, COST OF COVER OR OTHER SPECIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR FROM THE USE OF ANY CONTENT ON THE WEBSITE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT OR TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND INDEPENDENT OF ANY FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED WARRANTY AND REMEDIES PROVIDED HEREIN. THIS DISCLAIMER SHALL APPLY WHETHER OR NOT WE HAVE BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, OUR ENTIRE LIABILITY TO YOU UNDER THESE TERMS AND CONDITIONS AND YOUR EXCLUSIVE REMEDY FOR THE FOREGOING SHALL BE LIMITED TO $50 USD.
You acknowledge and agree that the limitations of liability set forth above are fundamental elements of these Terms of Use and neither the information nor the Website would be provided to you absent such limitations of liability.
DISCLAIMER
The Website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, LHB, on its behalf and on behalf of all of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, LHB provides no warranty or undertaking, and makes no representation of any kind that the Website will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, and to the fullest extent permitted by law, neither LHB nor any LHB affiliates or providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of LHB are free of viruses, scripts, Trojan horses, worms, malware, time-bombs or other harmful components.
MISCELLANEOUS
The courts of the State of Minnesota in the United States of America will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website, although LHB retains the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant state or country. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of Minnesota. If any provision of these Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Use shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
CHANGES TO THESE TERMS AND CONDITIONS
LHB reserves the right, in its sole discretion, to modify or replace these Terms of Use at any time. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website.
CONTACT US
If you have any questions about these Terms of Use, you can contact us:
By email: info@LHBcorp.com
By mail:
LHB, Inc.
Attn: General Counsel
21 West Superior Street, Suite 500
Duluth, Minnesota 55802