THE FOLLOWING AGREEMENT DESCRIBES THE TERMS UNDER WHICH LINGENFELTER PERFORMANCE ENGINEERING, INC. OFFERS YOU ACCESS TO OUR WEB SITE AND RELATED SERVICES
I. GENERAL
These Terms of Use ("TOU") constitute a legal agreement between you and Lingenfelter Performance Engineering, Inc. ("LPE") the providers of this web site and related services ("this website"). Your use of this website is subject to the terms laid out in this document, so you should take the time to fully understand how it governs your relationship with LPE and how it affects the way you use this website. By your continued use of this website, you expressly agree to the terms found in this TOU. This TOU constitutes your entire agreement with LPE regarding this website and governs any and all of your use of this website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and LPE with respect to this website. You agree that the TOU is not intended to confer and does not confer any rights or remedies upon any person other than you and LPE. We may amend the TOU at any time, from time to time, by posting an amended TOU on this website. Any changes to the TOU will become effective immediately upon posting and may be changed without notice to you. This TOU may not be otherwise amended except in a writing signed by you and LPE. If you have questions regarding this agreement please contact LPE through the contact form on this website.
Section 1. Modifications
From time to time it may be necessary for the LPE to update or revise certain provisions of the TOU. By using the this website and accepting the TOU you agree that LPE may modify the terms of the TOU, including but not limited those terms related to the charges (if any) associated with your use of this website. You are responsible for regularly reviewing the latest version of the TOU, and any additional terms and conditions that may be posted. Your continued use of this website constitutes your agreement to all such terms, conditions, and notices. If you don not agree to the changes proposed by LPE, or to any of the terms in the TOU, your only remedy is to stop using this website.
Section 2. Privacy
Certain information about you is subject to our Privacy Policy. For more information, see our full privacy policy at [Privacy Policy hyperlink]. Notwithstanding the foregoing, LPE reserves the right at all times to disclose any information as LPE deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LPE's sole discretion. You understand and agree that this website Privacy Policy, including LPE's enforcement of that policy, is not intended to confer, and does not confer, any rights or remedies upon any person. We may change our Privacy Policy from time to time and our changes are effective upon the posting of those changes on this website. This posting may be done without notice to you, as provided in the Privacy Policy.
II. USING this website
Section 1. Inappropriate Uses
this website must not be used:
- to store, publish, distribute, or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, vulgar, indecent, hateful, objectionable, tortious, libelous, deceptive, or fraudulent information and materials, or information and materials that constitute or give rise to claims of an invasion of another person's privacy;
- to conduct any activity that is a violation of any State or Federal law or to request unlawful services or materials;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an LPE employee or representative, or to falsely state or otherwise misrepresent your affiliation with a person or entity;
- to store, publish, distribute, or otherwise disseminate child pornography or similar material;
- in the furtherance of any activity that infringes (directly or indirectly) upon the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, and patents;
- to interfere with any other party's use and enjoyment of this website;
- in any way that deliberately degrades or disables this website or any other computer system or to prevent or impede the delivery of any legitimate data;
- to make inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other forum on this website or elsewhere;
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Many of the features and information on this website are updated on a real time basis and are proprietary to us or are licensed to LPE by third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for content you provide to us) from this website without the prior expressed written permission of LPE or the appropriate third party.
III. CONTENT
Section 1. Content Ownership; License
LPE does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") you submit or make available for inclusion on this website. However, with respect to Content you may post on this website you grant LPE a world-wide, royalty free and non-exclusive license(s): to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on this website solely for the purposes of providing this website services. This license exists only for as long as you elect to continue to include, transmit or store such Content on this website and will terminate at the time you remove or LPE removes such Content from this website. You expressly warrant you have the right to grant this license in any Content you upload, store or transmit to or through this website. If you do not have the right to grant such license, you should not be uploading, storing or transmitting such material, and doing so will be a breach of the TOU.
You acknowledge that LPE may or may not pre-screen Content, but that LPE and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via this website. Without limiting the foregoing, LPE and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by, or submitted to LPE.
Section 2. Links
LPE may provide, or third parties may provide, links to other World Wide Web sites or resources. Because LPE has no control over such sites and resources, you acknowledge and agree that LPE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that LPE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Section 3. LPE's Intellectual Property Rights
You acknowledge and agree that this website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by LPE, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this website, including its interface, in whole or in part, and other logos and product and service names that are trademarks of LPE (the "LPE Marks"). Unless you have written permission, you agree not to display or use in any manner, the LPE Marks.
IV. WARRANTY AND LIMITATION OF LIABILITY
THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LPE MAKES NO WARRANTY THAT (a) USING THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (b) SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THIS WEBSITE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LPE OR THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, OUR SERVICES, OR THIS AGREEMENT HOWEVER ARISING, INCLUDING NEGLIGENCE. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $5,000.00.
V. INDEMNIFICATION
You agree, at your own expense, to indemnify, defend and hold harmless LPE and its employees, representatives, subsidiaries, affiliates, officers, directors, suppliers and agents (collectively, the "LPE Indemnified Parties"), against any claim, suit, action or other proceeding against the LPE Indemnified Parties, by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with your use of this website (or the use of any of your sub-accounts) specifically including (i) a violation of the terms set forth in the TOU (ii) a claim that any use of this website by you infringes any third party intellectual property right, is libelous or defamatory, or otherwise results in injury or damage to anyone. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
VI. ARBITRATION
Any legal controversy or legal claim arising out of or relating to this TOU or this website, excluding legal action taken by LPE to collect our fees and/or recover damages for, or obtain an injunction relating to, LPE or this website operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless in our sole judgment, LPE wishes to consolidate the legal controversy of two or more parties in any legal action. The arbitration shall be conducted in Decatur, Indiana and judgment on the arbitration award may be entered into any court having jurisdiction thereof. LPE may seek any interim or preliminary relief from a court of competent jurisdiction in Decatur, Indiana necessary to protect our rights pending the completion of arbitration. Should you file an action contrary to this provision, LPE may recover from you our reasonable attorney fees and costs. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or services or the TOU must be filed within six (6) months after such claim or cause of action arose or be forever barred. Notwithstanding anything else to the contrary in this TOU, LPE shall always have and retains the right to pursue legal action of any kind or nature whatsoever in any appropriate jurisdiction in order to protect our interests.
VII. MISCELLANEOUS
Section 1. No Agency.
You and LPE are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this TOU.
Section 2. Notice
Any notice by us to you may be made via either email or first class mail.
Section 3. Choice of Law, Compliance with Applicable Laws
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Texas, excluding its conflicts-of-law rules, govern the TOU and your account. User conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction and venue for any claim or dispute with this website or relating in any way to your account or your use of this website resides in the courts of Decatur or Adams County, Indiana and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Indiana in connection with any such dispute including any claim involving LPE or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to this website any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of this site or access to this website or our services.
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Contact an indiviual salesperson/tech:
Tim Dyer: tdyer@lingenfelter.com
Ed Potter: epotter@lingenfelter.com
Jeff Myers: jmyers@lingenfelter.com
General email: sales@lingenfelter.com
Employment: hr@lingenfelter.com
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Lingenfelter Performance Engineering, Inc.
1557 Winchester Road
Decatur, IN 46733
260.724.2552 Phone
260.724.8761 Fax
United States of America
