Terms and Conditions
LEGAL & TECHNICAL
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE. IF YOU VISIT OR SHOP AT lestien.com, YOU ACCEPT THESE CONDITIONS. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our Customer Service Department by emailing: email@example.com
USE OF THIS SITE
The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by lestien.com and they are protected by copyright, trademark and other laws. Nothing in this site may be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of the referenced material. Furthermore, you may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. lestien.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of lestien.com. No license is granted for this site or any portion of this site. Nothing may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of lestien.com. In addition, no permission is granted to either create or maintain any link from another Web site to any page on this Web Site without our prior written permission. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is strictly prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time.
One of the conditions to using this site is that you are agreeing that all agreements, notices, disclosures and other communications that we may provide to you electronically will satisfy any legal requirement that such communications be in writing and to our intent to communicate with you by e-mail or by posting notices on this site. Visiting the lestien.com website and/or sending e-mails to us, indicates that you are communicating with us electronically and thereby also consenting to receive communications from us electronically.
Please be advised that all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of lestien.com which hereinafter also refers to LES TIEN LLC and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of LES TIEN and protected by U.S. and international copyright laws. All software used on this site is the property of lestien.com or its software suppliers and protected by United States and international copyright laws. Furthermore, please be further notified that LES TIEN will pursue its legal remedies with regard to any and all copyright infringement.
LES TIEN, LES TIEN, LLC , lestien.com and other LES TIEN graphics, scripts, service names , logos, page headers, and button icons, are trademarks, registered trademarks or trade dress of LES TIEN in the U.S. and/or other countries. LES TIEN’s trademarks and trade dress may not be used in connection with any product or service that is not LES TIEN’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits LES TIEN. There is nothing in this Web Site that grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our express written permission.
CONTENT, SPECIFICATIONS, PRODUCTS AND COLOR
lestien.com. expressly disclaims any duty to update or revise the materials on the Sites, although lestien.com may modify the materials at any time without notice. All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Any reference to certain weights, measures and/or similar descriptions are only approximate and are provided for convenience purposes only. All reasonable efforts are made to accurately display the attributes of our products, including the applicable colors; however, please be advised that the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors.
We reserve the right to refuse any order you place with us for any reason or for no reason. We may also, in our sole discretion, for any reason, limit or cancel quantities purchased per person, per household or per order. These restrictions may include, but are not limited to, orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we do make a change to or do cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number that you provided us at the time the order was made. We also reserve the right to limit or prohibit orders that, in our sole judgment and discretion, appear to be placed by dealers, resellers or distributors.
If you order on this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password and that you will be held responsible. This includes all orders and any breach of the terms and conditions of the use specified. LES TIEN and lestien.com sells to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use lestien.com only with involvement of a parent or guardian. lestien.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. In addition, by placing an order with lestien.com, you represent that the products ordered will be used only in a lawful manner. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
TAX ON ORDERS PLACED ONLINE
Tax will or will not be charged according to the appropriate governing law at the date the order is placed.
INDEMNIFICATION AND LIMITATION OF LIABILITY
By using this site you are agreeing to defend, indemnify and hold lestien.com. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS..
Due to the high cost of litigation in both dollars and in time and energy we require agreement to the following dispute resolution procedure:
In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) LES TIEN, 2515 Yate Ave, Commerce, CA 90040
(2) To you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and lestien.com agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
CHOICE OF LAW AND VENUE
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Los Angeles and/or the Southern District of California. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of LES TIEN or lestien.com’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
These terms are effective unless and until terminated by either you or Lestien.com at any time for any reason and we may, accordingly, deny you access to the Site if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
THE MATERIALS ON THIS SITE ARE PROVIDED BY LES TIEN "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE IS EXPRESSLY DISCLAIMED BY LES TIEN AND, FURTHERMORE LES TIEN MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT SUCH USE IS AT YOUR SOLE RISK AND THAT AS SUCH YOU ARE ASSUMING FULL RESPONSIBILITY FOR ALL AND ANY COSTS ASSOCIATED WITH ANY AND ALL NECESSARY SERVICING OR REPAIRS OF ANY AND ALL EQUIPMENT YOU UTILIZE IN CONNECTION WITH YOUR USE OF THIS SITE. IT IS FURTHER ACKNOWLEDGED BY YOU THAT LES TIEN SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. YOU MAY REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE WITH CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. NO WARRANTIES ARE MADE BY US OR ANYONE ASSOCIATED WITH OUR COMPANY WITH REGARD TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. ONCE AGAIN WE REMIND YOU TO REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.