Terms of Service

Conditions of Use

Last updated: 04/04/2019

 

Welcome to The Lynden and/or its affiliates (“The Lynden”) provide website features and other products and services to you when you visit or shop at www.thelynden.com (“Site”), use The Lynden products and services in connection with any of the foregoing (collectively, “The Lynden Services”). The Lynden provides The Lynden Services subject to the following terms and conditions of use (“Condition of Use”) which apply to the Site is the property of LYNDEN GROUP, INC. located at 1100 S Crocker St. #400, Los Angeles, CA 90021. 

 

If you are an employee or agent of an entity, you represent and warrant that you have the authority to bind such entity, and your acceptance of these Conditions of Use shall be so binding upon such entity. If any provision of these Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Conditions of Use.

 

 

Intellectual Property (Copyright, Trademark) and Disclaimer Notices


Copyright

All content included in or made available through any The Lynden Service, such as texts, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of The Lynden or its content suppliers and protected by the United States and international copyright laws, The compilation of all content included in or made available through any The Lynden Service is the exclusive property of LYNDEN GROUP, INC and protected by the United States and international copyright laws.

 

Trademarks

Graphics, logos, page headers, button icons, scripts, and service name included in or made available through any The Lynden Service are trademarks or trade dress of The Lynden in the United States and other countries. The Lynden’s trademarks and trade dress may not be used in connection with any product or service that is not The Lynden’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Lynden. All other trademarks not owned by The Lynden that appear in any The Lynden Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Lynden.

 

Site content may not be used except as provided in these Conditions of Use, and no portion of the content may be reprinted, republished, or distributed in any form without the express written consent of The Lynden and/or its partners. You may not copy, reproduce, reverse engineer, decompile, transmit, distribute, license or create derivative works of the content of the Site or any portion thereof. You may not modify or alter the content in any way, or delete or change any copyright or trademark notice.

 

Copyright Infringement Claims

The Lynden respects the intellectual property of others and has taken steps to be compliant with the "safe harbor" provisions of the Digital Millennium Copyright Act ("DMCA"). A Designated Agent (as shown below) has been registered with the U.S. Copyright Office to receive notifications of allegations of infringement. You acknowledge that submitting a claim of copyright infringement may have serious legal consequences and submitting intentionally misleading reports of infringement may be punishable under the DMCA.

 

As required under Title 17, Section 512 (c)(3)(A) of the DMCA, a claim of copyright infringement must be in writing, and contain all of the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
  2. Identification and description of the copyrighted work(s) claimed to have been infringed upon;
  3. Identification and description of the material on our Site that is claimed to be infringing;
  4. Information sufficient to permit us to locate the material on our Site, such as providing web addresses (URLs) leading directly to the allegedly infringing content;
  5. Information reasonably sufficient to enable us to contact you, the complaining party (Address, telephone number, and e-mail address);
  6. A statement that you have a good faith belief that use of the infringing material is not authorized by the copyright owner, its agent, or the law; and
  7. 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.

 

Claims of copyright infringement, including all the above information must be submitted to:

copyright@thelynden.com. The Lynden is not required to respond to notices that do not meet the above requirements of Title 17, Section 512 (c)(3)(A) of the DMCA.

 

Upon our receipt of a valid claim, in which all required information is provided, The Lynden will undertake to have the disputed material removed from public view. We will also notify the subscriber who posted the allegedly infringing material of the removal and may take any other measures required or allowed by applicable law.

 

Your Use of the Site

You agree to abide by all applicable local, state, federal, and international laws, rules, treaties, conventions and regulations including but not limited to those governing intellectual property and privacy rights. Copying, reproducing, advertising, uploading, selling, and otherwise using a product, item, description, design or image on the Site in violation or infringement of another party's legally protected trademark, copyright, likeness, publicity, privacy, patent, trade secret, or any other protected interest is strictly prohibited.

 

You may not post, link or upload (i) viruses or any material that is harmful to our Site or our user's computers; (ii) use any robot, spider, scraper or other automated means to access the Site for any purpose; (iii) post, link or upload objectionable content, in our sole discretion, to our community as a whole, including content that is obscene, indecent, defamatory, hateful or intolerant in nature; (iv) publish content that constitutes "junk mail", "spam", "phishing", unsolicited or bulk electronic communications, chain letters, or pyramid schemes; (v) export or re-export any application or tool in The Lynden; (vi) reproduce, perform, display, distribute, reverse engineer, or prepare derivative works of the Site or any Site content (including works covered by any copyrights, trademark, patent, or other intellectual property rights) that belongs to or is licensed to The Lynden, or belongs to another The Lynden user or to a third-party, except with prior express written permission of The Lynden and/or any other party holding the right to license such use; (vii) commercialize any The Lynden application or any information or software associated with such application; (viii) harvest or otherwise collect information about users without their consent; or (ix) circumvent any technical measures The Lynden uses to provide the services.

 

You agree to provide true, accurate, current, and complete information about you as prompted during the registration process for any The Lynden services, and to maintain and update this information to keep it accurate. We may report any activity that may violate the law to officials, regulators or other third parties, and we may do so without prior notice to you.

 

Links to other Sites

The Site may contain links to third-party Web sites. The Lynden is not responsible for and does not endorse the content of such third-party Web sites, or any information, products or materials found there, or any results that may be obtained from using them. You will need to make your own independent judgement regarding your interaction with any third-party Web sites. Your access of any third-party Web sites linked to our Site is entirely at your own risk. The Lynden has no responsibility for any damages or injuries arising from your visits to third-party Web sites.

 

Accounts and Passwords

You are responsible for maintaining the confidentiality of any account numbers and passwords assigned to you or selected by you, and you shall be fully responsible for all activities that occur through any use of your password or accounts. You agree to notify The Lynden immediately if you become aware of any unauthorized use of your password or account or any other breach of security related to our services. You may be held liable for losses incurred by The Lynden or any other user of or visitor to the Site due to someone else using your password or accounts as a result of your failing to keep your account information secure and confidential. You must be of adult age to use or become a member of this site. No user, subscriber or member may be under the age of 18 years of age.

 

Other Terms and Conditions

Other terms (along with these Terms, the "Agreements") on the Site also govern your use of the Site and your relationship with The Lynden, and they are herein incorporated by this reference, as applicable.

 

Privacy

The Lynden's Privacy Policy applies to the use of this Site, and its terms are made a part of these Conditions of Use by this reference. To view The Lynden's Privacy Policy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

Amendments

These Conditions of Use may be changed by The Lynden any time, it is your responsibility to check these Conditions of Use periodically for changes before accessing, using, selling or purchasing any products or services through our Site. The latest version of these Conditions of Use will be posted on the Site and it is our sole discretion to change without prior notice. Your continued use of the Site after a posted change in these Conditions of Use will constitute your acceptance of and agreement to such changes.

 

Pricing for Products and Services

In the event a product or service is listed at an incorrect price or with incorrect information, The Lynden reserves the right, at its sole discretion, and without liability to you, to refuse or cancel any orders placed for that product(s) or service(s) whether or not they have been confirmed and whether or not your credit card has been charged or other payment has been accepted.

 

Return/Refund

Your purchases are subject to return/refund policy.

 

No Warranties

You assume total responsibility and risk when you use our Site. Our Site and services are provided on an "as is" and "as available" basis. You understand that The Lynden does not guarantee that anything on our Site will be free of infection or viruses that might damage or interfere with your computer, data or personal information.

 

The Lynden does not make any express or implied warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to our Site, its contents, or any services provided through our Site.

 

Limitation and Disclaimer of Liability

Except where prohibited by law, in no event will The Lynden's officers, directors, shareholders, successors, and permitted assigns be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits even if we have been notified of the possibility of such damages. The Lynden assumes no risk or responsibility for your use of, or inability to use, the Site and any content contained therein. If you are dissatisfied with the Site or any content on our Site, or with these Conditions of Use, your only remedy is to cease using the Site. This disclaimer of liability also applies to any damages or injury caused by The Lynden's failure of performance, error, omission, interruption, deletion, defect, delay in operations or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or any other cause of action.

 

If, notwithstanding the other provisions of these Conditions of Use, The Lynden is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any content on the Site, The Lynden's liability shall in no event exceed the greater of (1) the total of any fees for any service or product paid or collected in the six months prior to the date of the initial claim made against The Lynden or (2) US $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

Indemnification

You will defend, indemnify and hold harmless, The Lynden and The Lynden's officers, directors, shareholders, successors, and permitted assigns ("Indemnified Parties") from and against all demands, loss, liability, claims, costs, suits, and damages, including attorneys' fees made against the Indemnified Parties by any third-party due to or arising out of or in connection with (i) your breach of these Conditions of Use or the Agreements; (ii) your use of the Site and any of the services provided by The Lynden, or your activities on or through The Lynden or The Lynden’s vendor account(s); (iii) any innocent, negligent, willful, dishonest, fraudulent or reckless acts or omissions of yours; (iv) any of your infringement of third-party intellectual property or proprietary rights, including by any products you sell or any content you provide or upload to our Site; (v) any breach of privacy by you or your customers or users; and (vi) the misuse of your password or account numbers. You agree that the remedies set forth in this subsection are in addition to any rights and remedies The Lynden may have, all of which rights and remedies are expressly reserved.

 

Governing Law

Except as otherwise provided herein, you agree that all matters relating to your access to or use of the Site, The Lynden services, and the Agreements, including all disputes, will be governed by and construed in accordance with the laws of the United States and the State of California without regard to its conflict of law provisions. You and The Lynden shall endeavor to resolve through good faith negotiations any dispute arising under or relating to these Conditions of Use before proceeding to binding arbitration. If a dispute cannot be resolved through such negotiations within a reasonable time, either party may request for claims to be resolved by binding arbitration to be conducted in Los Angeles, California by the American Arbitration Association ("AAA"), under applicable AAA rules then-in-effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. To begin an arbitration proceeding, either party must send the other party written notice requesting arbitration and describing such party's claims.

 

Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated or representative action. The Federal Arbitration Act and federal arbitration law apply to these Conditions of Use. An arbitration decision may be confirmed by any court with competent jurisdiction.

 

Notice

Except as set forth in the Intellectual Property section above, any notice hereunder must be in writing to the address set forth above and will be deemed given: (i) upon receipt if by personal delivery; (ii) upon receipt if sent by certified or registered U.S. Mail (return receipt requested); or (iii) one (1) day after it is sent if by next day delivery by a major commercial delivery service, with a copy via electronic mail.