Welcome Home to Clan Lindsay Association U.S.A., Inc., were you can find out about your history. This Internet site on which these terms of use are posted. CLA and any and all entities that are controlled by, or are affiliated or under common control with, CLA are collectively referred to herein as “we,” “us” or “our“. CLA and its affiliates provide their services to you subject to the following conditions. If you visit or shop at ClanLindsayUSA.org, you accept these conditions. Please read them carefully. In addition, when you use any current or future ClanLindsayUSA.org service or visit or purchase from any business affiliated with Clan Lindsay Association U.S.A., Inc. (CLA), whether or not included in the ClanLindsayUSA.org Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH Clan Lindsay Association U.S.A., Inc. OFFERS YOU ACCESS TO OUR SERVICES.
1. INFORMATION, STATEMENTS, PRODUCTS AND SERVICES PROVIDED BY Clan Lindsay Association U.S.A., Inc. AND ITS WEB SITES HAVE NOT BEEN EVALUATED BY ANY LEGAL ENTITY.
2. THE INFORMATION ON THE WEB SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE PROVIDED BY ANY PROFESSIONAL SERVICE.
3. WHILE CLAN LINDSAY ASSOCIATION U.S.A. USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION IN THE WEB SITE, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE
ACCURACY, CORRECTNESS, RELIABILITY OR OTHERWISE WITH RESPECT TO SUCH INFORMATION AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OMISSIONS OR ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL ERRORS AND TECHNICAL ERRORS) IN THE CONTENT OF THE SITE. THE INFORMATION IN THE WEB SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
4. THE PRODUCTS DESCRIBED AND PRICES FOR SUCH PRODUCTS MAYBE CHANGED BY THE MANUFACTURER AT ANY TIME WITHOUT NOTICE. INFORMATION REGARDING THE PRODUCTS AND SERVICES IS APPLICABLE ONLY IN THE UNITED STATES UNLESS OTHERWISE NOTED AND MAY NOT BE AVAILABLE IN ALL AREAS.
This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of Clan Lindsay Association U.S.A.and the general principles for the Web sites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement do not use or access our products or services. If you have any questions, please write to Customer Service. You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Clan Lindsay Association U.S.A., Inc.. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and Web sites referred to in this document, as they may contain further terms and conditions that apply to you as a Web site user. Please note: underlined words and phrases are links to these pages and Web sites. By accepting this Agreement, you also agree that your use of other Clan Lindsay Association U.S.A., Inc. Web sites will be governed by the terms and conditions posted on those Web sites.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective thirty (30) days after they are initially posted on our site. In addition, we will notify you in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in a writing signed by you and Clan Lindsay Association U.S.A., Inc..
Membership Eligibility: Our products and services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our products and services are not available to minors or to temporarily or indefinitely suspended Clan Lindsay Association U.S.A., Inc. members. If you are a minor, you can use this Web site only in conjunction with your parents or guardians. If you do not qualify, please do not use our services. Further, your account and User Id may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services. Opening a ClanLindsayUSA.org account is free. You are legally bound by all transactions made at ClanLindsayUSA.org. We may change our Fees and Credits Policy and the fees for our products and services from time to time such changes are effective when posted on the Web site. When you purchase an item you have an opportunity to review and accept the fees that you will be charged for the product. We may in our sole discretion change some or all of our services or products at any time. In the event we introduce a new service or product, the fees are effective when displayed on the Web site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees (including shipping, handling and all applicable taxes).
Your Information.
1. Definition. “Your Information” is defined as any information you provide to us or other uses in the registration or buying process, in any public message area (including Testimonials) or through any e-mail feature. Please be aware that any communication, whether it be suggestions, ideas, graphics or other material through the Web site or otherwise will be treated as non-confidential and non-proprietary. Anything you submit, transmit or post becomes the property of Clan Lindsay Association U.S.A., Inc. and is free to use any concepts, graphics, ideas, photography or suggestions contained in any communication whether commercial or noncommercial without any compensation to you.
2. Restricted Activities. Your Information and your activities on this Web site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the use of illegal means; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or (g) contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions that: (aa) are prohibited under this Agreement; (bb) are identical to other services but are priced lower than our service; (cc) are concurrently listed for sale on a Web site other than Clan Lindsay Association U.S.A., Inc. (this does not prevent linking to or advertising a Clan Lindsay Association U.S.A., Inc. item from another Web site ); or (dd) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our service that, by paying to us, it could cause us to violate any applicable law, statute, ordinance or regulation or that violates our current policies.
3. License. Solely to enable Clan Lindsay Association U.S.A., Inc. to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Clan Lindsay Association U.S.A., Inc. will only use Your Information in accordance with our Privacy Policy.
Access and Interference. Our Web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our Web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers or to interfere or attempt to interfere with the proper working of the Clan Lindsay Association U.S.A., Inc. Web site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Web site is updated on a real-time basis and is proprietary or is licensed to Clan Lindsay Association U.S.A., Inc. by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works or publicly display any content (except for Your Information) from our Web site without the prior express written permission of Clan Lindsay Association U.S.A., Inc. or the appropriate third party.
The trademarks displayed on the Web site are registered and unregistered trademarks of their respective holders. Nothing contained the Web site should be construed as granting or otherwise, any license or right to use any trademark displayed the Web site. You should assume that all content contained on the Web site are copyrighted and may not be used except by prior express written permission of Clan Lindsay Association U.S.A., Inc. or the appropriate third party. Any unauthorized use of the content of this Web site is strictly prohibited and is a violation of the rights of Clan Lindsay Association U.S.A., Inc. and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
Breach. Without limiting other remedies, we may immediately remove your postings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Privacy. We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to Your Information being transferred or used in this way, please do not use our services or purchase our products. Such data shall not be given out or rendered accessible to third parties except for appropriate parties deemed by Clan Lindsay Association U.S.A., Inc. except as required by law; and only for purposes regarding the execution of your contract.
Warranty. WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Liability Limit. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS or EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, THE PRODUCTS OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY and THE LIABILITY OF OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES and SUPPLIERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ORIGINAL PURCHASE PRICE.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference or your violation of any law or the rights of a third party.
Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your purchase.
Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Clan Lindsay Association U.S.A., Inc. to collect our fees and/or recover damages for or obtain an injunction relating to, the Clan Lindsay Association U.S.A., Inc. Web site 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. The arbitration shall be conducted in Washington State and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
General. This Agreement shall be governed in all respects by the laws of Washington State as such laws are applied to agreements entered into and to be performed entirely within Washington State between Washington State residents. We do not guarantee continuous, uninterrupted or secure access to our services and operation of our Web site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Clan Lindsay Association U.S.A., Inc., in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. All other terms listed above shall survive any termination or expiration of this Agreement. When using a particular service on our Web site, you agree that you are subject to any posted policies or rules applicable to services you use through our Web site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. These policies may be changed from time to time and are effective immediately after we post the changes on our site.
Disclosures. The services here-under are offered by Clan Lindsay Association U.S.A., Inc.. If you are a U.S. resident, you may have this same information e-mailed to you by emailing Customer Service with your e-mail address and a request for this information. Disputes between you and Clan Lindsay Association U.S.A., Inc. regarding our services may be reported to Customer Service.