Terms and Conditions | Lundy

Terms and Conditions of Use

 

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW.  PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.  YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

 

1.         Restrictions on Use.  All pages within this Site and any material made available for download (collectively the “Site”) are the property of Lundy Listings, LLC (“Owner”) and/or its affiliates.  The Site is protected by federal and international copyright and trademark laws.  No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Owner.  Use of the Site must be for your own personal use or the internal use of your business.  You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Owner.

 

2.         Trademark Notice.  The proprietary images on the Site are the logos, trademarks, and service marks of Owner.  All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

 

3.         Warranty Disclaimer.  THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED SITES.

OWNER, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED SITE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although Owner attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the information available on the Site.  It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties.  In the event that an inaccuracy arises, please inform Owner so that it can be corrected.  Information contained on the Site may be changed or updated without notice.

 

4.         Confidential and Proprietary Information.  Owner does not want to receive confidential or proprietary information from you through the Site.  Please note that any information or material sent to Owner through the Site will be deemed NOT to be confidential. By sending Owner any information or material, you grant Owner an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Owner is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

 

5.         Limitation of Liability:  IN NO EVENT SHALL THE SITE OR OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THESE TERMS AND CONDITIONS OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE TOTAL LIABILITY OF OWNER TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO OWNER IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.

 

6.         Uncensored Information:  YOU UNDERSTAND THAT CONTENT AND MATERIALS ON THE INTERNET ARE CREATED AND MAINTAINED BY THIRD PARTIES AND THAT PORTIONS OF SUCH MATERIALS MAY BE SEXUALLY EXPLICIT, OBSCENE, OFFENSIVE, OR ILLEGAL.  IN NO EVENT SHALL OWNER BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THROUGH THE SERVICES.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE INTERNET GENERALLY.  OWNER DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD-PARTY MATERIALS PROVIDED THROUGH HYPERLINKS.

 

7.         Acceptable Use Policy.  Owner reserves the right in its sole discretion to remove any content for any reason, including but not limited to, your violation of any laws or the terms and conditions of this Agreement.  The terms below describe certain actions relating to the content and operation of the Site which Owner considers to be inappropriate and thus prohibited.  The examples identified in this list are provided as examples only for your guidance.  If you are unsure whether any contemplated use or action is permitted, please contact the Owner.  Owner's right to remove inappropriate content under this Policy shall not place an obligation on Owner to monitor or exert editorial control over the Site.

 

Actions which Owner considers inappropriate and grounds for removal of offending material or termination of access to the Site include, but are not limited to, the following:

 

•           Using the Site to sell any goods or services that are unlawful in the location at which the content is posted or received, or the goods or services delivered;

 

•           Using the Site to post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, excessively violent, harassing, or otherwise objectionable;

 

•           Using the Site to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence;

 

•           Using the Site to post any content that holds Owner (including its affiliates), employees or members up to public scorn or ridicule or would in any way damage or impair Owner's reputation or goodwill;

 

•           Using the Site to post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;

           

•           Failing to obtain all required permissions when using the Site to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;

 

•           Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner;

 

•           Using the Site in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or

 

•           Introducing viruses, worms, Trojan horses, or other harmful code on the Internet.

 

8.         Links or Pointers to Other Sites.  Owner makes no representations whatsoever about any other Site that you may access though this Site.  When you access a non-Owner Site, please understand that it is independent from Owner, and that Owner has no control over the content on that Site.  In addition, a hyperlink to a non-Owner Site does not mean that Owner endorses or accepts any responsibility for the content, or the use, of the linked site.  It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

 

9.         Choice of Law and Venue.  These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules.  Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of San Diego in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.  In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney's fees.  In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

 

10.      Entire Agreement.  These Terms and Conditions constitute the entire agreement between Owner and you pertaining to the subject matter of this Agreement.  In its sole discretion, Owner may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.

 

11.      No Unlawful or Prohibited Purpose.  As a condition of your use of this Site, you warrant to Owner that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

 

 

 

Lundy Listings

Terms and Conditions of Sale

 

PLEASE READ THIS DOCUMENT CAREFULLY.  IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

 

These terms and conditions apply to the purchase and sale of products and services through this website (referred to as the “Site”) that is owned and operated by Lundy Listings, LLC.  By placing an order for such products and services, you agree to be bound by and accept these terms and conditions.  If you do not agree to these terms and conditions, you should not obtain products or services from this Site.  These terms and conditions are subject to change by Lundy Listings, LLC (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion.  The latest version of the terms and conditions will be posted on this Site, and you should review these terms and conditions prior to purchasing any product and services that are available through this Site.  These terms and conditions are an integral part of the Site Terms of Use that apply generally to the use of our Site.  You should also carefully review our Privacy Policy before placing an order for goods or services through this Site.

 

1.         Order Acceptance and Cancellation.  Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged.  If your credit card has been charged and your order is canceled, you will receive a prompt refund credit to your account.  We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

 

Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed.  In this case, we will do our best to cancel the order if requested.

 

2.         Payment Terms and Sales Taxes.  Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.

 

We accept VISA, MasterCard, American Express, and Discover credit cards for all purchases.  You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

 

All payments must be in United States dollars.  Current billing address and phone information must be included with every order.  Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

 

3.         Changes in Products and Pricing.  We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice.  To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our Site.

 

All pricing for the products and services available on our Site is subject to change.  For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

 

4.         Shipping Policy.  We offer a variety of shipping options to meet your shipping needs. We use only premium carriers (UPS, FedEx) with Next Day, 2nd Day and Ground delivery options available.  Please check the individual product page for specific delivery options.  All shipping prices are quoted in United States dollars.  No C.O.D. orders can be accepted.

 

Please note the posted shipping time frame is listed on the individual product page and may vary.  The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.

These shipping terms are accepted by you by placing an order with us.

 

5.         Advertising Disclaimer and Trademarks.  The descriptions of products and services that are posted on our Site are the representations of our suppliers.  We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.

 

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price.  We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.

 

All trademarks and registered trademarks relating to products and services available through our Site are the sole property of their respective owners.  Photographs courtesy of the respective manufacturers.

 

6.         Disclaimer and Limitation of Liability.  Our responsibility for defects relating to the products and services available on our Site is limited to the procedures described in our return policy set forth below.

 

ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE.  IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE.  NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION.  OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

 

7.         Warranty and Return Policy.  Most of the products and services available through our Site are covered under the manufacturer's warranty.  If applicable, manufacturer's warranties apply from the date of shipment.  You understand that we do not operate or control the products or services offered by the manufacturers of the products not manufactured by Owner, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products and services that you may purchase through our Site.

 

 

8.         Safe Shopping Guarantee.  Your browser and our secure server encrypt confidential information during transmission, ensuring that transactions stay private and protected.  We guarantee the safety of your credit card information in the following manner: if any unauthorized use of your credit card occurs as a result of your credit card purchase on our Site, simply notify your credit card provider in accordance with its reporting rules and procedures.  

 

9.         Privacy and Customer Information.  We are committed to protecting your privacy.  To make your shopping experience more convenient, we gather information about you.  We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information.  See our Privacy Policy.

 

10.      Force Majeure.  In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

11.      Entire Agreement and Other Documents.  These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.  These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s).  Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us.  To the extent that anything in or associated with this Site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

 

 

 

12.      Choice of Law and Venue.  These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules.  Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of San Diego in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.  In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney's fees.  In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.