TERMS OF USE

LEEINDUSTRIES.COM, LLC ("LEE Industries", "us", "we" or "our") is excited to provide you this website (the "Site") and associated services (the "Services"). Your use of the Site and the Services is subject to these Terms of Use. These Terms of Use apply to all users of our site, including designers, manufacturers, retailers and consumers.

1. ACCEPTANCE OF TERMS

By using the Site, you agree to these Terms of Use. In addition, when using particular Services, there may be additional policies, guidelines or rules applicable to such Services. All such policies, guidelines or rules are hereby incorporated by reference into these Terms of Use.

2. SERVICES PROVIDED BY LEE Industries

LEE Industries currently provides users with access to a variety of Services, which may include but is not limited to, designer, manufacturer and retailer information, product information, communications tools, discussion groups, forums, documents, news, press releases, peer publishing, industry articles, and knowledge banks. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Use.

3. SITE ACCESS, LICENSE, AND PRIVACY

For privacy considerations, users under the age of thirteen (13) are not permitted to use the Services or access the Site. Provided that you are not under the age of thirteen (13), we hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our Site and use the Services (the "License"). You may not reproduce, duplicate, copy, sell, or resell any portion of, use of, or access to the Services or the Site. In the event you fail to comply with these Terms of Use, we may terminate the License without notice and you will no longer be permitted to use the Services or access the Site.

If you are issued a password and account by LEE Industries to access any Services, you are personally responsible for maintaining the confidentiality of any such password and account and for all activities that occur under such password or account. You will need to immediately notify LEE Industries of any unauthorized use of your password or account or any other breach of security.

If we become aware of possible violations of these Terms of Use, we may initiate an investigation that may include gathering information from you or any user involved in the possible violation and the examination of other material related to the possible violation. Whether we conduct an investigation or not, we may, in our sole and absolute discretion, suspend the provision of our Services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our Site and the Services. We will determine what action will be taken in response to a violation or possible violation at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

LEE Industries values your privacy and understands your privacy concerns. We work hard to build trust with our customers. Accordingly, use of the Services and this Site is subject to our Privacy Policy, which may be found at: http://www.leeindustries.com/privacy_policy.

4. SPAM POLICY

In order to maintain the integrity of the Site, you are not to use the Services to post or send (a) messages which are unrelated to a particular topic of discussion of a news group or message board facilitated by LEE Industries (b) unsolicited commercial email, (c) unsolicited bulk email, (d) mass email, (e) junk email, (f) chain letters, (g) pyramid schemes or (h) messages advertising goods or services that are addressed to a recipient with whom you do not have an existing business or personal relationship or which are not sent at the request of, or with the express consent of, the recipient (collectively, "Spam"). Other types of abuse of our Site or the Services which may also qualify as Spam include, but are not limited to, (i) disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the Services are able to type, or otherwise acting in a manner that negatively affects another users' ability to engage in real-time exchanges, (ii) using "bots" or otherwise information harvesting devices to obtain other users' information, including email addresses, and (iii) uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.

In addition to any of the foregoing, electronic messages sent or caused to be sent using the Services may not contain false or misleading information in the subject line or otherwise contain false or misleading content; employ any technique to otherwise misrepresent, hide or obscure any information identifying the point of origin or the transmission path; use or contain invalid or false headers; use any other means of deceptive addressing; use a third party's internet domain name, or be relayed from or through a third party's computer system, without permission of such third party; or use or contain invalid, non-existent or otherwise false domain names.

5. LINKS TO THIRD PARTY SITES

The Site and the Services may contain links to third party websites, deals, coupons, news articles, blog posts, or other content ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the content of, any transmission received from or the stability of, any Linked Site. LEE Industries is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by LEE Industries or any association with its operators, or guarantee that the content contains accurate information. Please review the separate privacy statements and terms of use posted at each Linked Site.

You are also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from any Linked Site. LEE Industries shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other sites, information, promotions, products, or services; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from the terms and conditions of other sites. LEE Industries does not guarantee any content on such sites or anything offered by third parties, including but not limited to prices, promotions, products, or services.

You are knowingly and voluntarily assuming all risks of using the Linked Sites to purchase goods and services and of using the "coupons" and specials listed on this Site. You agree that LEE Industries and its licensors and advertisers shall have no liability whatsoever related to such Linked Sites and your usage of them.

Linked Sites are not under the control of LEE Industries, are not monitored or reviewed by LEE Industries, and LEE Industries is not aware of the contents of the Linked Sites. LEE Industries does not sponsor, endorse, or recommend these Linked Sites and makes no representations or warranties of any kind with regard to any Linked Sites, their terms of use, or the way they may collect, save, store, and use information, including your personally identifiable information. You acknowledge that LEE Industries is not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such Linked Sites. These Linked Sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. The inclusion of such a link or frame does not imply endorsement of that site by LEE Industries or its advertisers or licensors, or any association with its operators, and is provided solely for your convenience. If you have any complaint with such sites, you should contact that site directly.

6. HOSTED AND SUBMITTED CONTENT - GENERALLY

At times, we may host third party articles and other content on our Site, or articles or content written or posted by our own employees and contractors (collected "Hosted Content"). All of such Hosted Content available on or through the Services and/or the Site is owned by us, our suppliers, and our contributors, and is protected by copyright, trademark, and other proprietary rights. We give you permission to use the Hosted Content for personal, non-commercial purposes only. You may print, download, and store articles and other information included within the Hosted Content for your own convenience, but you may not distribute, republish, sell, mine, exploit, frame or scrape any of the Hosted Content, or exploit the Hosted Content for commercial gain.

At times, you may be invited to submit content to the Site, which may include but is not necessarily limited to items such as documents, music, sound, photographs, video, topical questions or responses submitted through forums or blog entries, either for publication, circulation and/or distribution (collectively, the "Submitted Content" and when used generically with Hosted Content, "Content")). Such Submitted Content is yours and LEE Industries does not claim ownership of Submitted Content, but by submitting such Submitted Content you grant LEE Industries a nonexclusive, royalty-free, fully paid-up, worldwide license to link to, reproduce, distribute, adapt, promote, display, and sublicense the Submitted Content. We reserve the right to remove any Submitted Content at any time for any reason without notice. Further, any publication of any Submitted Content is at our sole and absolute discretion.

By providing Submitted Content, you certify that you own the Submitted Content, or otherwise have the right to freely redistribute the Submitted Content without limitation, and that providing this Submitted Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets, rights of publicity or other proprietary rights. Further, you certify that your Submitted Content contains no elements and produces no results that are defamatory, obscene, in violation of any law, or otherwise contains harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses. Further, you certify that any representations in your Submitted Content are accurate and not misleading.

In providing Submitted Content, you understand that other users of the Site and Services may misuse or misappropriate your Submitted Content, that we cannot prevent other users from misusing or misappropriating your Submitted Content, and that we are not responsible for the misuse or misappropriation of your Submitted Content by other users of the Site and Services.

You understand that much of the Content on the Site is provided by third-parties, including third-parties that have paid to place their Content on the Site, and that LEE Industries expressly disclaims any representation or warranty about the accuracy of such content.

7. HOSTED AND SUBMITTED CONTENT - COPYRIGHT AND OTHER RIGHTS

LEE Industries assumes no liability with respect to disputes over Content ownership, copyright, or trademarks. In the event that we are notified that your Submitted Content allegedly infringes the ownership, copyright, trademark or other rights of a third party, we will follow the procedures set forth in the Digital Millennium Copyright Act ("DMCA") for taking down your Submitted Content and notifying you of the same. If you provide us with a counter-notice pursuant to the DMCA, we will follow the procedures outlined in the DMCA for addressing such counter-notice and potentially reposting your Submitted Content. Notwithstanding the foregoing, we retain the right, in our sole and absolute discretion, to remove your Submitted Content or refuse to publish the same for reasons unrelated to Content ownership, copyright or trademark disputes, including maintaining our preferred commercial or artistic impression for the Site.

It is our policy to terminate the License of any users who are repeat infringers of others' copyrights or trademarks.

If you believe that Content included on the Site is your proprietary work and has been copied in a way that constitutes an infringement of your rights in that work, please immediately notify LEE Industries of any such infringement at mbalen@LEE Industries.com, in the manner set forth below. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce these Terms of Use. Pursuant to the requirements of the DMCA, LEE Industries has designated the following agent to receive infringement notifications:

Bondi Coley or Leah Fahey
210 4th St SW
Conover, NC 28613
Phone: 828-464-8318
Email: [email protected]

When reporting an infringement, please ensure you provide, in writing, all of the following information: (i) a detailed description of the Content on the Site that you, in good faith, believe is an infringement of your ownership rights, including information reasonably sufficient to permit LEE Industries to locate the allegedly infringing Content; (ii) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, the copyright owner, or by the law; (iii) a statement by you declaring under penalty of perjury that (A) all of the information you have provided is accurate, (B) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the actual owner, and (C) your physical address, telephone number, and email address. In addition, you must mail a copy of the foregoing information to LEE Industries agent at the address noted above with your physical signature affixed to the copy next to the statement indicating that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the actual owner. LEE Industries will remove the infringing posting(s), subject to the procedures outlined in the DMCA.

8. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

While we use reasonable efforts to include accurate and up-to-date information on the Site, we make no representations as to the accuracy, quality, timeliness, availability, or completeness of the information, documents, Content or other materials available on the Site, and you should not rely upon them. We provide the Site and any Service on an "AS IS, AS AVAILABLE" basis. You use the Site and Services at your own risk, and LEE Industries, its employees, directors, and agents are not liable for any errors or omissions in the Site's or Service's content or delivery, or for any form of loss or damage (including any consequential, indirect, incidental, special, or exemplary damages, even if known to us) that may result from use of the Site or Services. We expressly disclaim all warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement. If any of the above provisions are void under governing law, our liability shall be limited to the maximum extent permitted by law.

9. INDEMNIFICATION

You will indemnify and hold LEE Industries, and its subsidiaries, affiliates, officers, agents, and employees harmless against any claim, dispute, or demand, including reasonable attorneys' fees, which may arise from a breach or violation by you of these Terms of Use, including any Content submitted to, uploaded to, or transmitted via LEE Industries by you.

10. INJUNCTIVE RELIEF

Your breach of these Terms of Use may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and, therefore, you agree that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Site, which is in addition to any other remedies available at law or in equity.

11. JURISDICTION

These Terms of Use, and the rights and obligations hereunder, are to be governed by, and construed in accordance with, the laws of the State of Arizona. Any legal action or proceeding between you and us arising out of or relating to the Terms of Use or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Phoenix, Arizona, and you hereby expressly and irrevocably consent to be bound by the personal jurisdiction and venue of such courts.

12. NO WAIVER; SEVERABILITY

A waiver of any breach of any provision of the Terms of Use shall not be deemed to be a waiver of any repetition of such breach and shall not in any manner affect any other terms or conditions of the Terms of Use. We do not waive any rights by the failure to enforce these Terms of Use in every instance in which they might apply. In the event that any provision of the Terms of Use is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.

13. ASSIGNABILITY

We may assign our rights and delegate our duties under the Terms of Use either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under the Terms of Use to anyone else without our prior written consent.

14. RELATIONSHIP

This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.

15. UPDATES AND CHANGES TO TERMS OF USE

We may add to, change, update or modify these Terms of Use by posting such addition, change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site.