At the time of placing an order with Lee Distributors you are agreeing to the following terms and conditions:
– No returns on pick-ups. Customers need to review and confirm products and quantity accuracy at time of pick up and sign their agreement to it.
– Restricted items sold on condition not to be resold on 3rd party sites without written permission from said company & Lee Distributors
Copyright
The material provided on this Website is protected by law, including but not limited to, United States Copyright Law and international conventions. The copyright in all material, layout, design and trade dress provided on this Website is held by LEE DISTRIBUTORS or by the original creator of the material pursuant to U.S. Copyright Laws, international conventions and other regulations. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of LEE DISTRIBUTORS or the copyright owner. Name and trademarks of copyright holders may not be used in advertising or publicity without specific, prior written consent. Permission is granted to display, copy, distribute and download the materials on this Website for non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
You also may not, without LEE DISTRIBUTORS’s permission, “mirror” any material contained on this Website on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL LEE DISTRIBUTORS, ITS AFFILIATES, ITS SUBSIDIARIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR LEE DISTRIBUTORS’S SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR BUSINESS INTERRUPTION OR LOSS OF PROFIT, ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS WEBSITE, OR ANY HYPERLINKED SITE OR ANY PRODUCT OR SERVICES SOLD HEREUNDER, EVEN IF LEE DISTRIBUTORS OR AN LEE DISTRIBUTORS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. 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.
Non-Personal Data and Hold Harmless
LEE DISTRIBUTORS enables visitors to the Website to post reviews, comments, and other content to the Website. Any material, information, or idea you transmit to or post on this Website by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by LEE DISTRIBUTORS or its affiliates for any purpose whatsoever, including, but not limited to the development of sales and marketing products. LEE DISTRIBUTORS has no obligation with respect to such material, information or ideas, and you agree to hold LEE DISTRIBUTORS and its affiliates, subsidiaries, their directors, officers, employees, agents or representatives or LEE DISTRIBUTORS’s suppliers harmless for any use of same by any entity or person.
LEE DISTRIBUTORS does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. LEE DISTRIBUTORS reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. LEE DISTRIBUTORS does not and cannot review, and has no obligation to monitor, all materials posted to LEE DISTRIBUTORS’s Website by users, and LEE DISTRIBUTORS is not responsible for any such materials posted by users. LEE DISTRIBUTORS reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, court order, or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in LEE DISTRIBUTORS’s sole discretion are objectionable or in violation of this Agreement.
Privacy and Waiver of Claims
Your communications with and through the Website of Personal Data (as defined in our Privacy Policy) will, in most cases, be viewed only by you and by anyone to whom you address such communications, including, without limitation, electronic mail and bulletin boards. When reasonably practicable, LEE DISTRIBUTORS will attempt to preserve the confidentiality of such communications. However, you agree that LEE DISTRIBUTORS has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other government request, to operate the Service properly, or to protect itself or its subscribers. LEE DISTRIBUTORS has no obligation to monitor the Website. However, LEE DISTRIBUTORS reserves the right to refuse to post or to remove any information or materials, in whole or part, that, in its sole discretion, are unacceptable or in violation of this Agreement.
Unless otherwise expressly stated herein or in the Privacy Policy, by posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the Website, you hereby grant to LEE DISTRIBUTORS a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed.
You acknowledge that transmissions to and from this Website are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to LEE DISTRIBUTORS, no confidential, fiduciary, contractually implied or other relationship is created between you and LEE DISTRIBUTORS other than pursuant to this Agreement. You hereby waive all rights to any claim against LEE DISTRIBUTORS for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. Notwithstanding the foregoing, all personal data provided to the Website will be handled in accordance with the Privacy Policy.
Links and Limitation of Liability
This Website may provide links to other websites or resources. These links are provided by LEE DISTRIBUTORS only as a convenience. The inclusion of any link does not imply any affiliation, association, adoption, or endorsement by LEE DISTRIBUTORS of the site or any of the information or content therein. Because these linked sites and resources are not under the control of LEE DISTRIBUTORS, you acknowledge and agree that LEE DISTRIBUTORS is not responsible or liable for the content, advertising, products, services, or other materials on any linked site or any review, changes, or updates to such sites, or any use thereof. It is the user’s responsibility to take precautions to ensure that whatever linked site and resource is selected is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Disclaimer of Warranties
THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LEE DISTRIBUTORS AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER: FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE; FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES; OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHER, LEE DISTRIBUTORS AND ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LEE DISTRIBUTORS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LEE DISTRIBUTORS AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
LEE DISTRIBUTORS shall not be liable for delays or defaults in furnishing the services or products hereunder including technological, computer hardware or software errors, delays or breakdowns and including any delays or defaults on the part of LEE DISTRIBUTORS that are due to causes beyond the reasonable control of LEE DISTRIBUTORS, including those caused by attacks from unauthorized users who access LEE DISTRIBUTORS’s technological infrastructure.
Applicable Law
The laws of the State of New York apply to everything relating to LEE DISTRIBUTORS’s and the Website’s relationship to you. This means that any and all disputes, claims and controversies arising out of or relating to the Website, including the sale of products, content, services, or technology, on or used through the Website, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions (except for Sections 5-1401 and 5-1402 of the New York General Obligations Law). The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Disputes/Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. LEE DISTRIBUTORS and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the provisions in this section. For purposes of this section, we will use the term “Dispute” means any dispute, claim, or controversy arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the Website, your access to and/or use of the Website, and/or the provision of content, products, services, and/or technology on or through the Website.
In the event of a Dispute, LEE DISTRIBUTORS or you must give the other notice of the Dispute. This notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the Dispute and the relief requested. You must send any such notice to LEE DISTRIBUTORS by email to [email protected] . To the extent that LEE DISTRIBUTORS has your contact information, it will send any such notice to you by U.S. Mail.
We will try to resolve any Dispute through informal negotiation within 30 days from the date that any notice of Dispute is sent by U.S. Mail. LEE DISTRIBUTORS and you shall use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations. After 30 days, LEE DISTRIBUTORS or you may resort to the other alternatives described in this section.
Notwithstanding the foregoing, Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Website shall not be subject to arbitration, and the notice and 30-day negotiation period required by this section shall not apply to these types of Disputes.
Except as otherwise specifically set forth below, any Dispute of any kind, if unresolved through informal discussions within 30 days of the sending of the notice described above, shall be resolved by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in New York, New York, and LEE DISTRIBUTORS and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. LEE DISTRIBUTORS and you understand that, absent this mandatory arbitration provision, LEE DISTRIBUTORS and you would have the right to sue in court and have a jury trial. LEE DISTRIBUTORS and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
If LEE DISTRIBUTORS’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the AAA Rules, solely based on documents submitted to the arbitrator.
You or LEE DISTRIBUTORS may choose to pursue a claim in small claims court where jurisdiction and venue over you and LEE DISTRIBUTORS otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide LEE DISTRIBUTORS 30-day advance notice by email at [email protected] .
You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to LEE DISTRIBUTORS by email at [email protected] . The notice must be sent within 30 days of your first use of the Website. If you do not opt out via this method, you will be bound to arbitrate Disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, LEE DISTRIBUTORS will not be bound by them either. If any clause within this Disputes/Arbitration section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. In any event, if for any reason a Dispute between LEE DISTRIBUTORS and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms of Use the matter is not subject to arbitration), LEE DISTRIBUTORS and you agree to waive, to the fullest extent allowed by law, any trial by jury.
Termination
We may close your account at any time in our sole discretion and without notice to you. While we always want to promote a great shopping experience at LEE DISTRIBUTORS, this means we can close (or suspend) your account if we believe you are using the Website in a manner not intended by us or in a way that circumvents these Terms of Use. In no case will LEE DISTRIBUTORS’s closure of your account, or reduction of your access to the Website, waive or affect any other right or relief to which LEE DISTRIBUTORS may be entitled.
