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Terms & Conditions

1. INTRODUCTION

Welcome to the LENNYNIEMEYER.COM website and to co-branded versions of the website located at URLs that resolve to the domain name LENNYNIEMEYER.COM (the "website" or "site"). As you have no doubt experienced with virtually all websites, your use of this site is subject to certain terms and conditions (collectively "terms") set forth below. These terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE. THEY MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS SITE AND/OR PLACING AN ORDER FROM THIS SITE, YOU ACCEPT THESE TERMS AND OUR PRIVACY POLICY WITHOUT ANY RESERVATIONS OR QUALIFICATIONS, AND YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. THIS INCLUDES, WITHOUT LIMITATION, ACCEPTING THE TERMS RELATING TO BINDING ARBITRATION, WAIVER OF THE RIGHT TO CLASS ACTION, DISCLAIMER OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND FLORIDA CHOICE OF LAW AS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, WHETHER IN WHOLE OR IN PART, PLEASE DO NO USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE OR PLACE AN ORDER FROM THE SITE. 

These terms constitute an agreement between you (hereinafter, "you" or "your") on the one hand, and LENNY NIEMEYER USA, Inc., a Florida corporation with its principal address at 1850 NW 84th Avenue, Suite 116, Doral, FL 33126 (hereinafter collectively, "us", "our", "we", "LENNY NIEMEYER", or the "vendor") on the other hand, in relation to your use of the website, the goods/services offered and sold through this website, and any other orders you place throughout the website (collectively, the "LENNY NIEMEYER services"). Before you place an order, please read carefully these terms and our privacy policy. 

If you have any questions about the terms, or the privacy policy, you may contact us via the contact information provided on our "Contact Us" webpage on the site. 

 

2. DISPUTES

You agree that any controversy or claim arising out of or relating to the terms, the site, the privacy policy, and/or the LENNY NIEMEYER services shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agree upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures and judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 

Alternatively, you may assert your claims in small claims court in accordance with the terms of this agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If you initiate arbitration against LENNY NEIMEYER, you will not be responsible for professional fees for the arbitrator's services or any other fees. If LENNY NIEMEYER initiates arbitration against you, LENNY NIEMEYER will pay for the arbitrator's services and any other fees associated with the arbitration. In the event that the claimant is able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, LENNY NIEMEYER will pas as much of the claimant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than the condition that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor LENNY NIEMEYER shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. 

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE SITE, ANY OF THE SERVICES PROVIDED ON THE SITE OR PLACE AN ORDER FROM THE SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS. 

You agree that regardless of any statutes or law to the contrary, any claim or cause of action arising out of or related to use of the site or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THE PRIVACY POLICY, THE GIFT CARD TERMS, AND/OR THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTIONS. 

Any disputes arising out of or relating to these terms, the privacy policy, the site, and/or the LENNY NIEMEYER services shall be resolved in accordance with the laws of the state of Florida, without regard to its conflict of law rules. Any disputes, actions or proceeding relating to these terms or your access to or use the site not subject to the arbitration provisions set forth herein must be brought in the Federal or state courts located in the state of Florida and you irrevocably consent to the exclusive jurisdiction and venue of such courts. 

 

3. USE OF OUR WEBSITE

You agree that:

1. You may only use the website to make legitimate inquiries or orders. 

2. You will not make any speculative, false or fraudulent orders. If we are reasonable of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities. 

3. You also agree to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Policy for more information on how we use your personal information). 

4. If you do not give us all of the information that we need, we may not be able to complete your order. 

5. You will not attempt to interfere or interfere in any way with the site's network, our networks, or related network security, or attempt to use the site's service to gain unauthorized access to any other computer system. 

6. You will not use the site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity. 

7. You will not use the site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national or international law or regulation. 

8. By placing an order through the website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts. 

 

4. SERVICE AVAILABILITY

Products offered through the website are available for delivery to the fifty (50) states and Districts of Columbia, as well as to other countries. Please refer to our shipping & delivery page for more information. At this time we are unavailable to deliver to APO addresses, as well as freight companies. 

 

5. HOW PURCHASE CONTACTS ARE FORMED

No contact ("contract") in respect of the purchase of a product offered on the site shall exist between you and us until your order has been accepted by us and we send you the shipment confirmation (defined below). If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded. 

To place an order, you will be required to follow the shopping process online and press the "finalize order" button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the "order confirmation"). Your order constitutes your offer to us to buy one or more products from us for personal use and not for resale purposes. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate shipment confirmation. Notwithstanding the foregoing, your card or other methods of payment will not be charged until your order is accepted and shipped. However, it may show a pre-authorization of the funds immediately upon order. 

For all purchases made through the site, you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided. 

 

6. AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid. 

 

7. REFUSAL OR ORDER

We reserve the right to withdraw any product from the website at any time and/or remove or edit any materials or content on the website. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an order confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion. 

We will not be liable to you or any other third party by reason of our withdrawing any product from the website, whether it has been sold or not, removing or editing any materials or contents on the website or for refusing to process or accept an order after we have sent you the order confirmation. 

 

8. DELIVERY

Subject to the provisions of Clause 6 above, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the shipment confirmation by the delivery date set out in the shipment confirmation or, if no estimated delivery date is specified, within 15 business days of the date of the shipment confirmation. Delivery to Alaska and Hawaii may take up to 20 business days of the shipment confirmation. 

Reasons for the delay could include:

1. Customization of products;

2. Specialized products;

3. Unforeseen circumstances; or

4. Delivery area. 

For signature required deliveries (which is generally determined by the carrier), we will after the initial delivery, make two (2) additional attempts to deliver your parcel before initiating a return. For the purpose of these terms, the delivery shall be deemed to have occurred or the goods shall be deemed to have been delivered upon receipt of the product(s) at the designated delivery address at the designated delivery address. For all other packages, we will try to find a safe secure place to leave your parcel as determined by the carrier delivering the package. In the event of a repeated issue with any particular address provided for you, we reserve the right to request an alternate address in order to fulfill your order. We also reserve the right that LENNY NIEMEYER is not responsible for any package that is lost or stolen after leaving our warehouse. If there is any issues with your shipping, please contact the shipping carrier. 

 

9. UNABLE TO DELIVER

Please note that an order can be delivered to a neighbor, in case a delivery attempt is unsuccessful. Delivery to a neighbor address is upon the judgment of the driver. Signature required orders which cannot be delivered will be returned to the warehouse as stated above. The carrier will generally determine if the parcel can be left in a secure place at your delivery address. Your package may be returned to us if there is no safe place to leave the package at the point of delivery, where the package is safe from weather and is not visible to passersby. For lost or missing packages, we will provide you with the information of the carrier and tracking number associated with your order so that you may contact them directly to track your package. 

 

10. RISK AND TITLE

The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the product(s), including delivery charges, or upon delivery (as defined in Clause 9 above), whichever event occurs later in time. 

 

11. PRICE AND PAYMENT

The price of the products shall be the one quoted from time to time on our website, except where there is an error. While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or canceling it. If we are unable to contact you, the order will be treated as canceled and if you have already paid for the product(s) you will receive a full refund. 

We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a shipment confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable). Prices may change at any time. Sales tax is charged (if applicable) according to the shipping address of your order as required by applicable law. 

Once you have finished shopping on the website, all the products you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make a payment. 

Payment for orders will be made to LENNY NIEMEYER USA, Inc. The amount of the purchase will not be charged to your card until your order has been shipped to the delivery address. By clicking on the "finalize order" button, you are confirming that the credit card is yours or that you are the owner of the gift card. Cards are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery. 

If payment is made via PayPal or gift card, the amount will be charged upon confirmation of your order. 

 

12. RETURNS AND EXCHANGE POLICY 

Subject to the conditions set forth below, LENNY NIEMEYER will gladly accept returns or exchanges of new, unworn, unwashed, and unaltered merchandise with all internal garment tags intact with your original receipt within fifteen (15) days of the date of shipment confirmation, unless a longer period of time is specified in writing at the time of purchase, order confirmation, or shipment confirmation. Only full price merchandise is eligible for refunds. Sale items or any item purchased with promotional codes are eligible for store credit only. Clearance items are final sale only and are not eligible for refunds, store credits, or exchanges. Refunds are made in the form of original payment. If the original form of payment is not available, please contact customer service. 

Please allow 1-2 billing cycles for the refund to appear on your bank statement (due to different banking institution policies). 

LENNY NIEMEYER reserves the right to refuse returns of any merchandise that does not meet the above return requirements in LENNY NIEMEYER's sole discretion. After reviewing the product, we will let you know whether or not you have a right to a return based on our exchanges and return policy conditions. We will process your refund as soon as possible and in any case; within thirty (30) days of the date the returned goods have been received by us. We will refund any money received from you using the same method used to make payment if the card is available (if applicable). For sale items, store credit will be issued. Store credit does not expire. 

For more information please refer to our Exchanges & Returns page.

 

13. LIABILITY AND DISCLAIMERS

We publish information on the site as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the website at any time without notice. The products described on the site may not be available in your region. We do not claim that the information in the site is appropriate to your jurisdiction or that the products described in the site will be available for purchase in all jurisdictions. 

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, WHICH PROVIDED "AS IS". WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS ARE ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, OR ITS FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USER'S EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NO EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

We make no warranties of any kind regarding any non-LENNY NIEMEYER site to which you may be directed or hyperlinked from the site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-LENNY NIEMEYER sites. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the site. 

IN NO EVENT SHALL LENNY NIEMEYER, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTACT OR TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE COLLECTIVELY "DAMAGES") ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE , OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF LENNY NIEMEYER OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY. 

Due to the open nature of the website, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the website unless otherwise expressly set out on the website. 

 

14. INTELLECTUAL PROPERTY

The site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively "materials"), is LENNY NIEMEYER property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site, or in these terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any materials from the site in whole or in part, for any public or commercial purpose without the specific prior written permission of LENNY NIEMEYER. We grant you a personal, limited, non-exclusive, nontransferable license to access the site and to use the information and services contained on the site. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the site and to terminate, change, suspend or discontinue any aspect of the site, including but not limited to, the materials on the site as well as features and/or hours of availability of the site, and we will not be liable to you or to any third party for doing so. Subject to Clause 27, we may also impose rules for and limits on the use of the site or restrict your access to part, or all, of the site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

As between you and LENNY NIEMEYER, (or any other company whose marks appear on the site), LENNY NIEMEYER (or the respective company) is the owner and/or authorized used or any registered or unregistered trademark, trade name and/or service mark appearing on the site, and is the copyright owner or licensee of the materials on the site, unless otherwise indicated. The LENNY NIEMEYER logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively "LENNY NIEMEYER Intellectual Property") are owned by LENNY NIEMEYER and may be registered in the United States and internationally. You agree not to display or use the LENNY NIEMEYER Intellectual Property in any manner without LENNY NIEMEYER's prior permission. Nothing on the site should be construed to grant any license or right to use any LENNY NIEMEYER Intellectual Property without the prior written consent of LENNY NIEMEYER. 

Except as otherwise provided herein, use of the site does not grant you a license to any materials or features you may access on the site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials or features in whole or in part. Any commercial use of the site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the materials or screens for any purpose except as otherwise provided by LENNY NIEMEYER. If you make use of the site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using the site to the extent necessary to make a copy of any order. 

LENNY NIEMEYER makes no claim that the site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction. 

 

15. COPYRIGHT AND/OR TRADEMARK INFRINGEMENT

If you believe a work on the site constitutes an infringement of your copyright, trademark, or other intellectual property rights please provide our Designated Agent with a written communication containing the following information. 

1. Evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark;

2. A description of the copyrighted work or trademark that you claim has been infringed; 

3. Description of where the alleged infringing material is located on the site, including the permalink where the material is located;

4. Your address, telephone number, and e-mail address,

5. A statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law;

6. 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 trademark owner or authorized to act on the owner's behalf; and 

7. your physical or electronic signature. 

 

16. INDEMNITY

You agree to indemnify and hold LENNY NIEMEYER, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your (including your dependents' or agents') violation of these terms or the posting or transmission of any materials on or through the site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. 

 

17. WRITTEN COMMUNICATIONS

When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website, push notifications or messages. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. 

 

18. REGISTRATION, PASSWORDS, AND SECURITY

To access some of our services you will have to complete an online registration form. You agree that all information which you submit ("registration information") is true and complete and that you will update your registration information to keep this information true and complete. Upon registering, you will create a password. You are solely responsible for any use of or action taken under your password on the site. Your password may be used only to review information regarding potential and completed transactions, purchase or cancel purchases of products, change your preferences, post content and otherwise access and use the site, and services on the site in accordance with these terms. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release LENNY NIEMEYER from any and all liability concerning such transactions or activity. You agree to notify LENNY NIEMEYER immediately of any actual or suspected loss, theft or unauthorized use of your account's password. LENNY NIEMEYER has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. LENNY NIEMEYER will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities. 

 

19. POSTED CONTENT AND SUBMISSIONS

As part of your use of the site and services offered on the site, you may upload, post, distribute or disseminate (collectively "post") content and material (including but not limited to, photographs, images you have taken, captions and comments), or you may send or e-mail us material (including but not limited to, photographs you have taken, articles you have written, captions, and comments) which we, at our discretion, may allow you to post (collectively the "posted content") on the site. You hereby grant LENNY NIEMEYER a right (including any moral rights) and worldwide license to use the posted content on the site and to promote and advertise the site and LENNY NIEMEYER in any way. 

You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any posted content. You agree that you will not post any false, inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following: 

1. Post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite constents and releases) to post it; 

2. Post any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to post it;

3. Post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;

4. Post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;

5. Post any chain letter or pyramid scheme; or

6. Post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. 

LENNY NIEMEYER does not represent or guarantee the truthfulness, accuracy or reliability of any posted content or endorse any opinions expressed by a user. You acknowledge that any reliance on posted content by other users will be at your own risk. LENNY NIEMEYER does not confirm that each user is who he or she claims to be. LENNY NIEMEYER exercises a great effort to protect posted content from being misused. However, if misuse has occurred LENNY NIEMEYER is in no way liable for such misuse. Because LENNY NIEMEYER is not involved in user-to-user dealings and does not control the behavior of participants on the site, in the event that you have a dispute with one or more users, you release LENNY NIEMEYER from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. LENNY NIEMEYER acts as a passive conduit for posted content and has no obligation to screen or monitor posted content. If LENNY NIEMEYER becomes aware of any posted content that allegedly may not conform to these terms, LENNY NIEMEYER may investigate the allegation and determine in its sole discretion whether to take action in accordance with there terms. LENNY NIEMEYER has no liability or responsibility to users for performance or nonperformance of such activities. You may find some posted content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. LENNY NIEMEYER expects that you will use caution and common sense when using the site. 

LENNY NIEMEYER HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST LENNY NIEMEYER FOR SUCH REMOVAL AND/OR DELETION. LENNY NIEMEYER IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE.

 

20. BINDING NATURE; ASSIGNMENT

These terms and our privacy policy are binding on you and us and on our respective heirs, successors, and assigns. You may not transfer, assign, charge or otherwise dispose of these terms, or our privacy policy, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these terms, and our privacy policy, or any of our rights or obligations arising under them, at any time. 

 

21. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a "force majeure events"). A force majeure event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following: 

1. Strikes, lock-outs or other industrial action. 

2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 

3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters. 

4. Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport. 

5. Impossibility of the use of the public or private telecommunications networks. 

6. The acts, decrees, legislation, regulations or restrictions of any government. 

7. Any shipping, postal or other relevant transport strikes, failure, or accidents. 

Our performance under any order you have placed is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the force majeure event to a close or to find a solution by which our obligations may be performed despite the force majeure event. 

 

22. OUR RIGHT TO MODIFY THESE TERMS

We have the right to revise and amend these terms at any time. Your use of the site after we post changes to these terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the terms and LENNY NIEMEYER policies in force at the time that you order product(s) from us. 

 

23. MISCELLANEOUS 

You acknowledge and agree that your use of the site may involve you providing an "electronic signature" indicating your desire to use the site. Your "electronic signature" indicates your acceptance of these terms, and your consent to receive communications about these terms electronically. 

 

24. QUESTIONS AND FEEDBACK

We welcome your questions, comments, and feedback. Please send all questions, comments, and feedback to us via the contact information provided on our contact us webpage.