1. ACCEPTANCE OF TERMS: Welcome to L.J. Star. L.J. Star provides a website to you, subject to the following User Agreement (“Agreement”), which L.J. Star updates from time to time without notice to you. In addition, when using L.J. Star’s website, you are subject to any posted guidelines or rules applicable to the website. L.J. Star will post those guidelines or rules from time to time. L.J. Star hereby incorporates by reference all guidelines or rules into the Agreement.
You must read, agree with and accept all of the terms and conditions contained in the Agreement, the Privacy Policy, and the Purchase Agreement which include those terms and conditions expressly set out below and those incorporated by reference, before using L.J. Star’s website. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT, DO NOT USE OR ACCESS L.J. STAR’S WEBSITE.
2. ELECTRONIC COMMUNICATIONS: When you visit www.ljstar.com or send emails to L.J. Star, you are communicating with L.J. Star electronically. You consent to receive communications from L.J. Star electronically. L.J. Star will communicate with you by e-mail or by positing notices on this site. You agree that all agreements, notices, disclosures and other communications that L.J. Star provides to you electronically satisfy any legal requirement to communicate in writing.
3. COPYRIGHT: L. J. Star or its content suppliers own the property rights to all content included on this website, including text, graphics, logos, button icons, images, data compilations, and software. L. J. Star also owns the exclusive property rights to the compilation of all content on this site. L.J. Star or its software supplier also owns all software used on this site. United States and international copyright laws protect all of these property rights.
4. BREACH: Without limiting other remedies, L.J. Star may refuse to allow you to use its website if: (a) you breach the Agreement or the documents it incorporates by reference; (b) L.J. Star is unable to verify or authenticate any information you provide to it; or (c) L.J. Star believes that your actions may cause financial loss or legal liability.
5. PRIVACY: L.J. STAR DOES NOT SELL OR RENT YOUR PERSONAL INFORMATION TO THIRD PARTIES FOR MARKETING PURPOSES WITHOUT YOUR CONSENT AND L.J. STAR ONLY USES YOUR INFORMATION AS DESCRIBED IN L.J. STAR’S PRIVACY POLICY. L.J. Star views protection of users’ privacy as a very important community principle. L.J. Star clearly understands that you and your information is one of its most important assets. L.J. Star stores and processes your information on computers located in the United States. L.J Star protects this information utilizing physical and technological security devices. If you object to the transfer or use of your information in this manner, please do not use L.J. Star’s website.
6. PURCHASE AGREEMENT: If you purchase goods from L.J. Star through its website, you must read, agree with and accept all of the terms and conditions contained in the Purchase Agreement. If you object to the terms of the Purchase Agreement, you may not purchase goods from L.J. Star through its website.
7. DISCLAIMER OF WARRANTIES: YOU EXPRESSELY UNDERSTAND AND AGREE THAT: L.J. STAR AND ITS EMPLOYEES PROVIDE ITS WEB SITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. L.J. STAR AND ITS EMPLOYEES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOUR USE OF THIS WEBSITE TO OBTAIN INFORMATION AND PURCHASE GOODS FROM L.J. STAR IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF L.J. STAR’S WEBSITE.
YOU FURTHER ACKNOWLEDGE THAT L.J.STAR PROVIDES NO WARRANTY IN CONNECTION WITH ANY ADVICE OR INFORMATION YOU OBTAIN FROM L.J. STAR OR ITS WEBSITE.
8. LIMITATION OF LIABILITY: L.J. STAR AND ITS EMPLOYEES ARE NOT LIABLE, UNDER ANY CIRCUMSTANCES, WHETHER IN CONTRACT OR IN TORT OR UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY AND NEGLIGENCE), FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST DATA, INTERRUPTIONS OR LOST PROFITS ARISING OUT OF RELATING TO YOUR USE OF L.J. STAR’S WEBSITE OR THE RELATING TO ANY BREACH OF THIS AGREEMENT.
9. EXCLUSIONS AND LIMITATIONS: SOME JURISDICITONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXLCUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINLGY, SOME OF THE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
10. INDEMNITY: You agree to indemnify and hold L.J. Star and its affiliates, officers, directors, agents, and employees harmless from any third party claim(s), settlement of claim(s) or demand(s), including reasonable attorneys’ fees, due to or arising out of your breach of the Agreement or the documents it incorporates by reference, your violation of any law or rights of a third party, your use of L.J. Star’s website, or your connection to L.J. Star’s website.
11. APPLICABLE LAWS-ARBITRATION-JURISDICTION-VENUE The laws of the State of Ohio, without regard to conflict of law provisions, govern this Agreement, including any interpretations of the Agreement. You and L.J. Star agree to submit to arbitration, conducted by the American Arbitration Association, any disputes or claims arising out of 1.) the use of L.J. Star’s website, 2.) this Agreement, or 3.) the Privacy Policy. You further agree that Ohio has exclusive jurisdiction and venue over these disputes and claims and you
consent to the exclusive jurisdiction and venue of Ohio.
12. GENERAL PROVISIONS You agree that L.J. Star, in its sole discretion, may automatically assign the Agreement and all incorporated documents to a third party in the event of a merger or acquisition. If any court of law finds any provision of the Agreement invalid, void, unenforceable, or illegal, the remaining provisions shall remain in effect and enforceable. You also understand that headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of any section. L.J. Star’s failure to
act with respect to a breach of the Agreement by you or others does not waive L.J. Star’s right to act with respect to subsequent or similar breaches.
13. LIMITATION OF CLAIMS Regardless of any statute or law to the contrary, you agree to bring any claim or cause of action arising out of or related to the use of L.J. Star’s website or the Agreement within one (1) year after the claim or cause of action arose. The failure to bring a claim or cause of action arising out of or related to the use of L.J. Star’s website or the Agreement within one (1) year after the claim or cause of action arose, forever bars the claim or cause of action.
14. MODIFICATIONS TO SERVICE: L.J. Star reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its website (or any part thereof) with or without notice. You agree that L.J. Star has no liability to you or to any third party for any modification, suspension, or discontinuance of L.J. Star’s website.
15. TERMINATION: You agree that L.J. Star, in its sole discretion, may terminate your use of its website, for any reason, including, without limitation, if L.J. Star believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. L.J. Star may also in its sole discretion and at any time discontinue providing its website, or any part thereof, with or without notice. You also acknowledge and agree that L.J. Star may terminate your access to its website under any provision of this Agreement without prior notice. Further, you agree that L.J. Star is not liable to you or any third party for any termination of your access to its website.
16. LINKS: L.J. Star may provide, or third parties may provide, links to other World Wide Web sites or resources. Because L.J. Star has no control over those sites and resources, you acknowledge and agree that L.J. Star is not responsible for the availability of those external sites or resources, and L.J. Star neither endorses nor accepts responsibility or liability for any content, advertising, products, or other material on or available from those sites or resources. You further acknowledge and agree that L.J. Star is not responsible or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with use of or reliance on any content, goods or services available on or through any site or resource.
17. L.J. STAR’S PROPRIETARY RIGHTS: You acknowledge and agree that L.J. Star’s website and any necessary software used in connection with L.J. Star’s website contain proprietary and confidential information protected by applicable intellectual property and other laws. You further agree that copyrights, trademarks, service marks, patents, or other proprietary rights and laws protect the content posted or information presented to you through L.J. Star’s website. Except as expressly authorized by L.J. Star, you agree not to modify, rent, lease, sell, distribute or create derivative works based on L.J. Star’s website or the software, in whole or in part.
L.J. Star grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use a modified version of the software, including, without limitation, for the purpose of obtaining unauthorized access to L.J. Star’s website. You agree not to access L.J. Star’s website by any other means than through the interface that is provided by L.J. Star for use in accessing its website.
18. NOTICE: L.J. Star may notify you via either email or regular mail. L.J. Star’s website may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on its website.
19. TRADEMARK INFORMATION: L.J. Star is a trademark of L.J. Star, Inc. Without L.J. Star’s prior permission, you agree not to display or use in any manner, L.J. Star’s marks.
20. ENTIRE AGREEMENT: The Agreement constitutes the entire agreement between you and L.J. Star and governs your use of its website, superseding any prior agreements between you and L.J. Star.