TERMS AND CONDITIONS OF USE
WEBSITE TERMS AND CONDITIONS OF USE
(Last Revised: June 27, 2016)
This Website is operated on behalf of Fred Leighton Acquisitions LLC (“Fred Leighton”) with executive offices at 773 Madison Avenue, New York, NY 10065. Telephone number: 212-288-1872.
These Terms and Conditions of Use constitute the agreement (the “Agreement”) that will govern your use of this Fred Leighton Website (the “Website”). This Website is available for your use only on the condition that you agree to these Terms and Conditions of Use, all with the intention of making them legally binding upon you.
THIS WEBSITE IS PROVIDED BY FRED LEIGHTON AND IS AVAILABLE ONLY TO PEOPLE AND ENTITIES ABLE TO FORM LEGALLY BINDING AGREEMENTS. IF YOU DO NOT QUALIFY (FOR INSTANCE, BECAUSE YOU ARE A MINOR UNDER THE AGE OF 18), PLEASE DO NOT USE THIS WEBSITE.
YOU SHOULD CAREFULLY READ THIS AGREEMENT BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THIS WEBSITE.
Fred Leighton grants you a limited personal, nontransferable, non-sublicensable, revocable, worldwide license to access and make personal, non-commercial use of this Website.
Intellectual Property Rights
The materials and content on the Website, including text, graphics, logos, button icons, images, audio or video clips, data compilations and software, as well as their selection and arrangement, are protected by copyright and/or other intellectual property laws, including laws of the United States and other countries, treaties and international conventions and are the property of Fred Leighton, its affiliates or suppliers. Any unauthorized use of the materials or content available on the Website may violate such laws. Fred Leighton does not grant any express or implied right or license under any copyright or other intellectual property in any material or content on the Website, except as authorized in these Terms and Conditions. You may print, download and store copies of material on the Website for your own personal, non-commercial use. You may not charge anyone for use of the material and you may not publish or otherwise distribute the material to others. You may not modify the material in any way without the prior written consent of Fred Leighton or the copyright owner.
The names Fred Leighton, and the Fred Leighton logo and certain other names or logos displayed on the Website are trademarks, service marks or trade dress owned or licensed by Fred Leighton, and all related products and service names, design marks and slogans are the service marks or trademarks of Fred Leighton or its licensors. The foregoing intellectual property is protected by the trademark laws and other intellectual property laws of the United States and other countries, and by international treaties and conventions. Elements of the Website, including, but not limited to the “look” and “feel” of the Website, are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
All information, ideas, suggestions or other communications you transmit to Fred Leighton concerning the products or materials on the Website, or other products or materials (“Contributions” or “Content”), shall be on a non-confidential basis and shall become the property of Fred Leighton. Fred Leighton and its affiliates shall be free to reproduce, use, disclose or distribute such communications without limitation, compensation to you or other obligation.
Fred Leighton enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning intellectual property rights in materials on the Website, you may write to Fred Leighton at Fred Leighton Acquisitions LLC, 773Madison Avenue, New York, NY 10065.
Reservation of Rights
Fred Leighton reserves any rights not expressly granted by this Agreement.
Children’s Online Privacy
The Children’s Online Privacy Protection Act took effect April 21, 2000, and pertains to websites directed toward children under 13 years of age. This Website is not directed towards, nor for the use of, children under the age of 18 and does not intentionally or knowingly collect information on or from any person under 18 years.
Note to Children
Children who are under age 18, especially those under the age of 13, should not send any information about themselves or their friends and should not register for any of the Fred Leighton on-line services nor should they make requests to receive further information from Fred Leighton by clicking consent or request buttons on the Website. Should we discover or be informed that a child has registered his/her or another child’s personal details, we will delete such information from our records.
Note to Parents
Fred Leighton will not intentionally or knowingly collect personally identifiable information from children under age 18. If you, as a parent or legal guardian are concerned that your child has registered for one of our services or wish to cancel your child’s registration and have all details deleted, please contact us by e-mail at: [email protected] or write to us at the following address providing official documents establishing parental or guardian status:
773 Madison Avenue
New York, NY 10065
Attention: Website Administrator
Acceptable Use of the Site
The Website and its services are intended to be used for the lawful purchase of the products available on the Website and to gain information about Fred Leighton, its products and services. The Website may be used only for lawful purposes consistent with the foregoing. It is your responsibility to ensure that your use of the Website complies with these Terms and Conditions of Use. As one of the conditions of your use of the Website, you represent, warrant and agree, as the case may be, to Fred Leighton that:
(a) you will not use (or encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms and Conditions of Use or by applicable law;
(b) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials that:
(i) restrict or inhibit any individual who uses any aspect of the Website or its services (a “User”) from using and enjoying the Website;
(ii) are unlawful, threatening, hateful, abusive, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or endorse or advocate illegal or immoral activity, violate the rights of any third party, or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, statute, ordinance or regulation;
(iv) violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, patent, rights of privacy or publicity or any other proprietary right;
(v) contain a virus, worm, Trojan horse, or any other destructive feature, regardless of whether you intend any damage to the Website and/or its content;
(vi) contain any information, software or other material of a commercial nature;
(vii) contain advertising of any kind;
(viii) impersonate another person, living or dead;
(ix) contain chain letters, pyramid schemes or like documents;
(x) contain any commercial notices;
(xi) contain any information that is presented in any manner or for any purpose other than that which is within the Website’s intended and acceptable use; or
(xii) constitute or contain false or misleading indications of origin or statements of fact, including, but not limited to, the use of a false name;
(c) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials anonymously or under a false name;
(d) you will represent yourself accurately and truthfully at all times;
(e) you grant Fred Leighton the right to verify independently by any lawful means any information that you transmit to Fred Leighton through the Website, including, but not limited to, information about yourself;
(f) you will not modify, alter, adapt, translate, create derivative works from, reverse engineer, disassemble, decompile or decode the Website, or any element of it for any reason, except as expressly permitted by applicable law; and
(g) you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Website or its content, or any substantial part thereof, without Fred Leighton’s prior written consent.
You acknowledge that Fred Leighton is not responsible for material submitted to Fred Leighton or posted to the Website by users. Fred Leighton does not pre-screen, monitor, review or edit the Content posted by users. However, Fred Leighton and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in Fred Leighton ‘s judgment, does not comply with these Terms and Conditions of Use or is otherwise undesirable, inappropriate or inaccurate. Fred Leighton is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Fred Leighton. You agree to immediately notify Fred Leighton of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that Fred Leighton may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Fred Leighton, its users or the public.
You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Fred Leighton assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to FredLeighton.com.
Any or all Content on the Website may be purged periodically in Fred Leighton ‘s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Fred Leighton or submitted to Fred Leighton, including Content. You further acknowledge and agree that the views expressed on the Website do not necessarily reflect the views of Fred Leighton, and Fred Leighton does not support or endorse Content (including any Contribution, whether or not edited by Fred Leighton or its designee or presented on the Website edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
You are prohibited from taking any actions that will violate or attempt to violate the security of the Website, including, without limitation (a) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus, worm or Trojan horse to, overloading, “flooding”, “mailbombing” or “crashing” the Website; or (d) sending unsolicited e-mail (other than email to us regarding the Website or the goods sold through the Website) promoting and/or advertising products or services (all of the foregoing, the “Security Rules”). Attempts to violate, or violations of, system or network security or the Security Rules may result in civil or criminal liability. Fred Leighton will investigate occurrences which may involve any such attempts or violations, may report them to law enforcement agencies, and may cooperate with law enforcement agencies in prosecuting users who are involved in such violations or attempted violations.
Limitation of Warranties and Disclaimers
THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, FRED LEIGHTON SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION 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, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
FRED LEIGHTON DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. FRED LEIGHTON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU AGREE, BY USING THIS WEBSITE, THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, THAT YOU (AND NOT FRED LEIGHTON OR ANY OF ITS AGENTS) ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS WEBSITE, AND THAT YOU (AND NOT FRED LEIGHTON OR ANY OF ITS AGENTS) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you
Limitation of Liability
IN NO EVENT SHALL FRED LEIGHTON, ANY DIRECT OR INDIRECT SHAREHOLDER, AFFILIATE, OTHER RELATED ENTITY, SUBSIDIARY, JOINT VENTURE, PARTNER, ENTITY IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THIS WEBSITE, FROM THE USE OF IT, FROM THE INABILITY TO USE IT, FROM OR THROUGH THE DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE), FROM OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION, OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR FROM ANY OTHER ERROR, FAILURE, OR DELAY IN DATA TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE.
FRED LEIGHTON SHALL HAVE NO LIABILITY FOR THE DELETION OF ANY COMMUNICATIONS OR INFORMATION COLLECTED, MAINTAINED, OR TRANSMITTED BY THIS WEBSITE OR THE FAILURE TO STORE ANY INFORMATION, INCLUDING PERSONALIZED SETTINGS.
FRED LEIGHTON SHALL HAVE NO LIABILITY WITH RESPECT TO ANY INFORMATION POSTED BY USERS ON CHAT ROOMS, BULLETIN BOARDS, OR OTHER USER FORUMS.
Upon a request by Fred Leighton, you agree to defend, indemnify and hold Fred Leighton, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Website or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Contribution or Content or other materials by you or users authorized by you or any violation of these Terms and Conditions of Use by you. Fred Leighton reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Fred Leighton in asserting any available defense.
In addition to any fee of which you are notified your provider’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence. No more than two messages per day per SMS subscription will be sent. All charges are billed by and payable to your mobile service provider.
Fred Leighton will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services, as are all Services, are provided on an AS IS basis.
Data obtained from you in connection with this SMS service may include your cell phone number, your provider’s name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us.
Fred Leighton may, through its sole discretion, terminate or cancel your use of this Website or terminate or cancel this Agreement for any reason, without prior notice. Upon termination or cancellation of this Agreement, you will immediately discontinue use of this Website. Through its sole discretion, and at any time, Fred Leighton may also discontinue providing this Website or any part of it, with or without notice. Fred Leighton shall not be liable to you or any third party for any of the foregoing. Parts or all of this Agreement shall survive termination or cancellation of this Agreement and the termination or cancellation of your use of this Website.
Links to Other Websites
Fred Leighton does not authorize linking to this Website from a third party web site without its written permission.
Although this Website may contain links to other Websites, Fred Leighton has no control over those linked Websites. You acknowledge and agree that Fred Leighton is not responsible for the availability of those linked Websites or their content. Fred Leighton provides links as a convenience and does not endorse the proprietors or content of any linked Websites, including any linked Website of any company related to Fred Leighton, in control of it, or under common control with it. It is your sole responsibility to comply with the appropriate terms of service of any linked sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such linked sites and any content contained thereon.
FRED LEIGHTON DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY PRODUCT OR SERVICE PROVIDED VIA ANY LINKED WEBSITE. IN NO EVENT SHALL FRED LEIGHTON BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY LOSS OR DAMAGE ARISING FROM OR OCCASIONED BY THE CREATION OR USE OF THE LINKED SITES OR THE INFORMATION OR MATERIAL ACCESSED THROUGH THESE LINKED SITES.
You should direct any concerns to that linked site’s administrator or webmaster. Fred Leighton reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the linked sites from the Website and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Caching, Linking, and Framing by You
Fred Leighton prohibits caching of any portion of this Website and any unauthorized links to this Website and unauthorized framing of it. Fred Leighton reserves the right to disable any unauthorized links or frames.
Applicable Laws, Jurisdiction, Choice of Law, and Arbitration
We control and operate this site from our offices in New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York, New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws on use and access, if and to the extent local laws are applicable.
By accessing this Website both you and Fred Leighton agree that all claims and matters regarding this Website or the use of this Website shall be governed according to the laws of the State of New York, United States of America, without regard to its conflicts of law principles. Fred Leighton makes no representations or warranties that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. In addition you agree that any controversy or claim arising out of or relating to this Agreement, the Terms and Conditions of Use or the Website shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon all awards rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall be held in New York, New York and shall be conducted before three arbitrators selected in accordance with such rules. The arbitrators are empowered to award reimbursement of attorney fees and other costs of arbitration to the prevailing party, in such manner as the arbitrators deem appropriate. The arbitrators shall have the right to grant a permanent injunction in addition to any damages or other relief.
Photography and Other Information
Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.
Copyrights and Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the FredLeighton.com Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your username, address, telephone number, and e-mail address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
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.
Contact only for copyright matters.
Address: 773 Madison Avenue, New York, New York 10065
Phone: (212) 288-1872
Facsimile: (212) 288-6167
Email: [email protected]
For all other inquiries, please contact us at the below address.
Fred Leighton Acquisitions LLC
773 Madison Avenue
New York, NY 10065
All notices and other communications to Fred Leighton shall be in writing, must be given by certified mail, return receipt requested and must be addressed to Fred Leighton at the address set forth for it in this Website at the time of delivery.
Effect of Waiver or Consent
A waiver or consent, express or implied, to or of any breach by you, or any delay in enforcement of any provision of this Agreement on the part of Fred Leighton, will not constitute a consent to, or waiver of, any other breach or default by you of the same or any other obligations of you. Failure on the part of Fred Leighton to complain of any act of yours or to declare you in breach or default, irrespective of how long that failure continues, does not constitute a waiver by Fred Leighton of its rights with respect to that default until the applicable statute-of-limitations period has expired.
Provisions Unenforceable or Invalid
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.
Fred Leighton may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us at the above address.
You acknowledge that by submitting communications to Fred Leighton, no confidential, fiduciary, contractually implied or other relationship is created between you and Fred Leighton other than pursuant to these Terms and Conditions.
© 2016 Fred Leighton
ALL RIGHTS RESERVED