Terms of Service

Please carefully read the following Terms of Use before using the LindsiLane.com website (this “Site”). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.

This Site is operated by LINDSI LANE LLC (“Lindsi Lane”). Throughout this Site, the terms “we”, “us” and “our” refer to Lindsi Lane. 

Lindsi Lane offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this Site constitutes your agreement to these Terms of Use.

Information on This Site

The material on this Site is provided for general information only. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on this Site. You agree that it is your responsibility to monitor changes to this Site.

Orders and Price

The information on this Site does not constitute a binding offer to sell products described on this Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

Copyright and Ownership

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Lindsi Lane, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on this Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on this Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from this Site, or use of this Site for purposes competitive to Lindsi Lane is expressly prohibited. Lindsi Lane reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. Lindsi Lane, or its licensors or content providers, retain full and complete title to the material provided on this Site, including all associated intellectual property rights.

You may not use contact information provided on this Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of this Site or to surreptitiously intercept any system, data or personal information from this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way. Lindsi Lane reserves the right, in its sole discretion, to limit or terminate your access to or use of this Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access to or use of this Site will not waive or affect any other right or relief to which Lindsi Lane may be entitled, at law or in equity.

Material You Submit

By providing information through this Site or social media links on this Site, including any photographs, comments or other submissions (“Submission”), you certify that your Submission consists of original material to which you have all the rights; that your Submission does not violate the rights of any third party, including, without limitation, copyright, trademark, patent, privacy or any rights creating claims for idea misappropriation or the right of publicity; that your Submission does not contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene or that is known to be false; and that your Submission does not include any private or personally identifiable information regarding any third party.

You further acknowledge that your Submission becomes the exclusive property of Lindsi Lane as soon as you provide it; that any Submission will not be returned or kept confidential; that we are not obligated to use or pay you for the Submission; that we may publish the Submission in perpetuity in all markets worldwide and in any and all media now know or hereafter discovered, including this Site; that we may edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use; that the Submission may be edited for length, clarity and/or functionality; that we may display your name in conjunction with the Submission; and that your Submission may be shared with law enforcement authorities if we believe it is warranted or pursuant to a request from such authorities or any such agency.

Conduct on this Site

Some features that may be available on this Site require registration. In consideration of your use of this Site, you agree to provide true, accurate, current and complete information about yourself whenever you register.

Some features on this Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use or misuse of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Lindsi Lane immediately. Lindsi Lane may assume that any communications Lindsi Lane receives under your password have been made by you unless Lindsi Lane receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, “Lindsi Lane", and “LL”. You may not use frames or utilize framing techniques or technology to enclose any content included on this Site without Lindsi Lane's express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies with respect to the Site or its content without Lindsi Lane’s express written consent.

Links

This Site may contain links to other websites, some of which are operated by Lindsi Lane or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed those other sites or any information on them and we are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Lindsi Lane is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

Intellectual Property

Trademarks, logos and service marks displayed on this Site (including but not limited to “Lindsi Lane", and “LL” are registered and unregistered trademarks of Lindsi Lane, its licensors or its content providers, and other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on this Site without the owners prior written permission, except as otherwise described herein. Lindsi Lane reserves all rights not expressly granted in and to this Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, are protected under the copyright laws of the United States and other countries.

Infringement Notice

We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department, who can be reached at: Terry Bennett tbennett@bennettsamios.com

Prohibited Uses

 You shall not access or use this Site in any of the following manners or for any of the following purposes:

(a) To violate or attempt to violate the security or integrity of this Site or to interfere or attempt to interfere with the proper operation of this Site or with any other person’s access to or use of this Site;

(b) For any purpose that violates any Federal, state, local or foreign law, regulation or ordinance;

(c) In any manner that may infringe upon any copyright, trademark, service mark, trade name service name, patent, trade secret or other intellectual property right of Lindsi Lane or any other any person;.

(d)  For purposes of fraud or deceit;. 

(e) To impersonate any person or to misrepresent any affiliation with any person; 

(f) To download or transmit any materials that you do not have a right to download or transmit;

(g) To access any server, account or data that you are not authorized to access;

(h) To upload or transmit anything that contains corrupted data or that contains a virus, Trojan horse, worm, time bomb or cancelbot, or any other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate all or any part of this Site or any other system, data or information; 

(i) To decipher, decompile, disassemble or reverse engineer this Site to attempt to do so; 

  1. To libel, slander or otherwise defame any person;

(k) To transmit any information or material that is offensive, in breach of any confidence or confidential relationship, or that is otherwise objectionable; or

(l) To upload or distribute any private information of any third party without obtaining approval from such third party.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. LINDSI LANE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THIS SITE ARE NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; ANY WARRANTIES THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; ANY WARRANTIES THAT THIS SITE WILL BE SECURE; ANY WARRANTIES THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE WILL BE VIRUS-FREE; AND ANY WARRANTIES THAT INFORMATION ON THIS SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LINDSI LANE OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND. LINDSI LANE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE, WHETHER IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THIS SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND THAT THIS SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. IN VIEW OF THE FACT THAT THIS SITE IS AVAILABLE AT NOT CHARGE, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LINDSI LANE NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THIS SITE, LINDSI LANE’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LINDSI LANE, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER LINDSI LANE NOR ANY OF ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE CONTENT PROVIDERS OR SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH LINDSI LANE IS TO DISCONTINUE YOUR USE OF THIS SITE. 

YOU AND LINDSI LANE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION WILL BE PERMANENTLY BARRED. 

BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR OF LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, SOME OR ALL OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF ANY OF THE EXCLUSIONS SET FORTH ABOVE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF LINDSI LANE, ITS AFFILIATES, SUPPLIERS AND CONTENT PROVIDERS AND THE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AND AGENTS OF EACH, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, TO YOU FOR ANY SUCH DAMAGES FOR ALL CLAIMS ARISING FROM ACCESSING AND/OR USING THIS SITE SHALL BE LIMITED TO U.S. $100.00. 

Indemnification

You agree to indemnify, defend and hold harmless Lindsi Lane and its affiliates and their respective managers, officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, content providers and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and expenses and court costs, arising or resulting from your use of this Site and any violation of these Terms of Use. If you cause a technical or other disruption of this Site or the systems transmitting this Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorney’s fees and expenses and court costs, arising or resulting from that disruption. Lindsi Lane reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any such case, you agree to cooperate with Lindsi Lane in the defense of such matter. 

Jurisdiction and Applicable Law

The laws of the State of New York govern these Terms of Use and your use of this Site, and you irrevocably consent to the exclusive jurisdiction of, and submit to the personal jurisdiction of, the courts located in New York County (Manhattan), New York for any action arising out of or relating to these Terms of Use; and you waive any claim that any such court is an inconvenient forum. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world and we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of New York and of the United States. If any material on this Site, or your use of this Site, is contrary to the laws of the place where you are when you access it, this Site is not intended for you, and we ask you not to use this Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on this Site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies means you accept the changes. No changes to these Terms of Use shall be made except by a revised posting on this Website.

Entire Agreement and Admissibility

These Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Lindsi Lane with respect to the subject matter thereof (including but not limited to your use of this Site) and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If you do not understand any of the foregoing terms or if you have any questions or comments, we invite you to contact our customer service department by email at customerservice@lindsilane.com.

Waivers

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

Severability

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of these Terms of Use will remain in place and in effect.

Reservation of Rights

Any and all rights not expressly granted herein are reserved by Lindsi Lane. 

Dated:  July 12, 2021