Last Updated January 07, 2020
1. Agreement to Terms
1.1 These Terms and Conditions make up a legally binding contract made between you, whether personally or on behalf of an entity (you), and Lowell Carhart, located at Delaware, United States (we, us), concerning your access to and use of the Lowell Carhart (lowellcarhart.net) website as well as any associated applications (the Site).
You concur that by accessing the Site and/or Services, you have actually read, comprehended, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are forbidden from utilizing the Site and Services and you need to stop use instantly. We suggest that you print a copy of these Terms and Conditions for future referral.
1.2 The additional policies set out in Section 1.7 listed below, as well as any additional terms and condition or documents that might be posted on the Site from time to time, are expressly integrated by referral.
1.3 We may make changes to these Terms and Conditions at any time. The updated variation of these Terms and Conditions will be shown by an upgraded "Revised" date and the updated variation will be effective as quickly as it is accessible. You are responsible for evaluating these Terms and Conditions to remain notified of updates. Your continued use of the Site represents that you have actually accepted such changes.
1.4 We might update or change the Site from time to time to reflect changes to our items, our users' requirements and/or our business concerns.
1.5 Our site is directed to individuals residing in United Kingdom. The info offered on the Site is not meant for distribution to or utilize by any person or entity in any jurisdiction or nation where such circulation or usage would contrast law or regulation or which would subject us to any registration requirement within such jurisdiction or nation.
1.6 The Site is intended for users who are at least 18 years of ages. If you are under the age of 18, you are not allowed to sign up for the Site or utilize the Services without adult consent.
1.7 Additional policies which likewise apply to your use of the Site include: ● Certain parts of this Site can be utilized only on payment of a charge.
2. Appropriate Use
2.1 You might not access or utilize the Site for any function besides that for which we make the website and our services available. The Site may not be utilized in connection with any industrial undertakings other than those that are specifically backed or authorized by us.
2.2 As a user of this Site, you agree not to:
3. Our material
3.1 Unless otherwise indicated, the Site and Services including source code, databases, performance, software application, website styles, audio, video, text, photos, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
3.2 Except as specifically provided in these Terms and Conditions, no part of the Site, Services or Our Content might be copied, replicated, aggregated, republished, published, posted, openly displayed, encoded, equated, sent, dispersed, offered, licensed, or otherwise exploited for any industrial purpose whatsoever, without our reveal prior written approval.
3.3 Provided that you are qualified to use the Site, you are granted a limited licence to access and utilize the Site and Our Content and to download or print a copy of any part of the Content to which you have appropriately gained access entirely for your personal, non-commercial use.
3.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or improvements to the Site or Our Content, consisting of the modification of the paper or digital copies you might have downloaded.
3.5 We shall (a) prepare the Site and Our Content with reasonable ability and care; and (b) use market basic virus detection software application to attempt to obstruct the uploading of material to the Site that contains infections.
3.6 The material on the Site is offered basic info only. It is not meant to total up to guidance on which you must rely. You need to get expert or specialist recommendations prior to taking, or refraining from taking, any action on the basis of the content on the Site.
3.7 Although we clear up efforts to upgrade the info on our website, we make no representations, service warranties or guarantees, whether reveal or implied, that Our Content on the Site is precise, total or as much as date.
4. Link to 3rd party content
4.1 The Site might contain links to websites or applications run by third parties.We do not have any influence or control over any such 3rd party websites or applications or the 3rd party operator. We are not responsible for and do not back any 3rd party websites or applications or their accessibility or material.
4.2 We accept no obligation for adverts contained within the Site. If you agree to buy items and/or services from any third party who markets in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such items and/or services and if you have any concerns or complaints in relation to them, you should get in touch with the marketer.
5. Website Management
5.1 We book the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take suitable legal action versus anybody in breach of suitable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and material that are extreme in size or remain in any way a problem to our systems; and (4) otherwise manage the Site in a way created to secure our rights and residential or commercial property and to help with the appropriate performance of the Site and Services.
5.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
5.3 You are accountable for configuring your infotech, computer programs and platform to access the Site and you ought to use your own infection protection software application.
6. Adjustments to and accessibility of the Site
6.1 We book the right to change, customize, or get rid of the contents of the Site at any time or for any reason at our sole discretion without notice. We likewise schedule the right to modify or stop all or part of the Services without notice at any time.
6.2 We can not ensure the Site and Services will be offered at all times. We might experience hardware, software, or other problems or need to carry out upkeep related to the Site, resulting in disruptions, hold-ups, or errors. You agree that we have no liability whatsoever for any loss, damage, or trouble triggered by your failure to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to keep and support the Site or Services or to provide any corrections, updates, or releases.
6.3 There may be info on the Site that contains typographical errors, errors, or omissions that may relate to the Services, including descriptions, rates, availability, and numerous other information. We reserve the right to remedy any mistakes, mistakes, or omissions and to alter or update the information at any time, without prior notice.
7. Disclaimer/Limitation of Liability
7.1 The Site and Services are supplied on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as specifically set out in these Terms and Conditions. All guarantees, terms, conditions and undertakings, reveal or suggested (including by statute, custom-made or use, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without constraint, the suggested service warranties of acceptable quality, fitness for a particular purpose and non-infringement are omitted to the maximum level allowed by appropriate law.
We make no service warranties or representations about the accuracy or efficiency of the Site's content and are not liable for any (1) mistakes or omissions in material: (2) any unauthorized access to or use of our servers and/or any and all individual information and/or financial info stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, infections, trojan horses, or the like which may be transmitted to or through the website by any third party. We will not be accountable for any hold-up or failure to comply with our responsibilities under these Terms and Conditions if such delay or failure is caused by an event beyond our sensible control.
7.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
● We do not leave out or limit in any way our liability to you where it would be illegal to do so. This includes liability for death or personal injury brought on by our carelessness or the negligence of our staff members, representatives or subcontractors and for scams or fraudulent misstatement.
● If we stop working to adhere to these Terms and Conditions, we will be accountable for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you began utilizing the Site/Services.
Notwithstanding anything on the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and no matter the form of the action, will at all times be limited to an overall aggregate amount equal to the higher of (a) the sum of ₤ 5000 or (b) the amount paid, if any, by you to us for the Services/Site throughout the 6 (6) month duration prior to any reason for action arising.
If you are a customer user:
● Please keep in mind that we just supply our Site for domestic and private usage. You concur not to use our Site for any industrial or company functions, and we have no liability to you for any loss of earnings, loss of service, business disruption, or loss of service opportunity.
● If defective digital content that we have provided, harms a device or digital material belonging to you and this is brought on by our failure to use reasonable care and ability, we will either repair the damage or pay you compensation.
● You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards workplace. Nothing in these Terms and Conditions will impact these legal rights.
8. Term and Termination
8.1 These Terms and Conditions will stay in full force and effect while you utilize the Site or Services or are otherwise a user of the Site, as suitable. You might end your usage or involvement at any time, for any factor, by following the directions for ending user accounts in your account settings, if offered, or by calling us at our email address.
8.2 Without restricting any other provision of these Terms and Conditions, we schedule the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (consisting of blocking certain IP addresses), to anyone for any reason including without constraint for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any relevant law or policy.
If we figure out, in our sole discretion, that your use of the Site/Services remains in breach of these Terms and Conditions or of any relevant law or guideline, we might end your usage or participation in the Site and the Services or delete any material or details that you published at any time, without warning, in our sole discretion.
8.3 If we end or suspend your represent any reason set out in this Section 9, you are forbidden from signing up and developing a brand-new account under your name, a phony or obtained name, or the name of any 3rd party, even if you may be acting upon behalf of the 3rd party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, consisting of without constraint pursuing civil, criminal, and injunctive redress.
9.1 Visiting the Site, sending us e-mails, and finishing online forms make up electronic communications. You grant get electronic interactions and you agree that all agreements, notices, disclosures, and other communications we supply to you electronically, through email and on the Site, satisfy any legal requirement that such interaction remain in composing.
You thus accept the use of electronic signatures, contracts, orders and other records and to electronic delivery of notifications, policies and records of transactions started or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, policies, guidelines, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the giving of credits by besides electronic ways.
9.2 These Terms and Conditions and any policies or running guidelines posted by us on the Site or in respect to the Services constitute the whole arrangement and understanding between you and us.
9.3 Our failure to exercise or impose any ideal or provision of these Terms and Conditions shall not operate as a waiver of such ideal or provision.
9.4 We may designate any or all of our rights and commitments to others at any time.
9.5 We will not be accountable or responsible for any loss, damage, delay or failure to act caused by any cause beyond our sensible control.
9.6 If any arrangement or part of an arrangement of these Terms and Conditions is unlawful, void or unenforceable, that arrangement or part of the provision is deemed severable from these Terms and Conditions and does not affect the credibility and enforceability of any staying arrangements.
9.7 There is no joint endeavor, partnership, work or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
9.8 For customers just - Please note that these Terms and Conditions, their subject and their development, are governed by English law. You and we both concur that the courts of England and Wales will have unique jurisdiction anticipate that if you are a resident of Northern Ireland you might likewise bring proceedings in Northern Ireland, and if you are resident of Scotland, you might also bring proceedings in Scotland. If you have any grievance or wish to raise a conflict under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
9.9 A person who is not a celebration to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to impose any term of these Terms and Conditions.
9.10 In order to fix a grievance concerning the Services or to get more info concerning use of the Services, please contact us by email at our email address.