Terms and Conditions
Welcome to the website (“Site”) for Lee Engineering.
ACCESS TO THE SITE.
ACCEPTABLE USE OF THE SITE.
THE CONTENT, SERVICES, INFORMATION, AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT. LEE ENGINEERING DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT EFFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. LEE ENGINEERING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THIS SITE BEFORE ACTING ON IT. ANY RELIANCE ON SITE CONTENT IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, LEE ENGINEERING EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SITE. LEE ENGINEERING DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF PRODUCTS OR SERVICES WITH ANY MANUFACTURER’S WARRANTIES OR SPECIFICATIONS. LEE ENGINEERING CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES LEE ENGINEERING MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, LEE ENGINEERING NEGLIGENCE, SHALL LEE ENGINEERING, ITS AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS (COLLECTIVELY, THE “LEE ENGINEERING PARTIES”) BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF LEE ENGINEERING OR AN AUTHORIZED LEE ENGINEERING REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL LEE ENGINEERING’S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIABILITY LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY LEE ENGINEERING IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE LEE ENGINEERING PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
You shall indemnify, defend, and hold harmless Lee Engineering and its sponsors, business affiliates, vendors, content providers, subsidiaries, related entities, affiliates, officers, directors, employees, attorneys, and agents, from and against any and all damages, claims, and actions brought by you or any third party resulting from (i) your use of the Site in violation of the Terms; (ii) your violation of law; or (iii) the infringement by you of any Intellectual Property Rights or any publicity, contract or privacy rights of any person or entity.
The Terms are effective until terminated by Lee Engineering. Lee Engineering may terminate, restrict, or suspend all or part of your access to the Site and delete any Submissions, at any time, in its sole discretion, without prior notice to you and without any liability to you.
GOVERNING LAW AND ARBITRATION
The laws of the State of Wisconsin (excluding any principles of conflicts of laws) govern your use of the Site, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in Milwaukee, Wisconsin under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the dispute resolution requirements set forth above, for any injunctive relief relating to the access to, or use of, the Site including, without limitation, related services, you agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state or federal courts located in Milwaukee County, Wisconsin, U.S.A.
WAIVER AND SEVERABILITY
Furthermore, no delay or omission by Lee Engineering to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by Lee Engineering. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
Some mobile devices may not be capable of accessing the Site in its entirety. Lee Engineering is not responsible or liable for any errors, inaccuracies, faults, or failures arising from your attempts to access any portion of the Site using any mobile device. Furthermore, you agree that you alone are responsible for all access and connectivity charges imposed by your communications carrier in connection with your use of any mobile device.
COPYRIGHT AGENT FOR CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Lee Engineering designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, you must provide to Lee Engineering’s designated agent all of the following information:
- an electronic or physical signature of the owner or the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your name, address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Lee Engineering’s designated agent for notification is Mike Klinker, who may be contacted at: By Mail: 1200 W. Royal Lee Drive Palmyra, WI 53156 By Phone: 262-495-2122 By Fax: 262-495-3193 By E-mail: email@example.com
You agree that the Terms, combined with your act of using the Site and/or the services offered on or through the Site have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print the Terms.
The Terms constitute the entire agreement between you and Lee Engineering related to your use of the Site. Any prior agreements, representations, statements, or negotiations with respect to the subject matter of the Terms are superseded by the Terms. You have not relied on any representations that may have been made by Lee Engineering related to the Site.
TERMS OF SALE
(a) Ordering Information
- Prices subject to change without notice.
- Only credit card payments accepted on this website.
(b) Shipping Information
- Packages may be shipped via United Parcel Service (UPS) Ground, UPS 3 Day Select®, UPS 2nd Day®, UPS Next Day®, United States Postal Service (USPS) First-Class Mail® or USPS Priority Mail®.
- When you place your order, an estimated delivery date and shipping options/costs will be provided.
- Due to unforeseen circumstances, such as weather, insufficient delivery information, strikes, refusal of delivery, etc., delivery date is not guaranteed.
- Drop-ship packages are shipped via UPS Ground or USPS Priority Mail. Other Shipping options are available for an additional fee. Please contact our Customer Service Department for further details.
- If there is no one to receive/sign for the package(s) after three delivery attempts, the shipper will return package(s) to Lee Engineering Returns will be subject to a 15% restocking fee plus any additional shipping fees.
(c) Return Information
- A return merchandise authorization is required and must be visible on the outside of the shipping box or mailing label. Call Customer Service at 844-781-5080 within 30 calendar days of the order date and provide:
- Product name and number
- Invoice number
- Reason for return
- Returned, products must be in the original container. There is a 10% restocking fee on all returned product.
- Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item.
- Any products returned without a visible return merchandise authorization will be refused by Lee Engineering.
- If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies.
- You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non¬refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
- Your sole remedy for defective or damaged product is to return the product to Lee Engineering for replacement or a refund.
(d) Product Warranty All products are carefully manufactured, tested, inspected and packed. Lee Engineering, LLC (the “Company”) unconditionally warrants all products against manufacturing defects. If any item, within one year after purchase, proves defective due to faulty workmanship or material, the Company will, at its option, repair the defective item or furnish a new item of the same type. No labor, transportation or other consequential damages will be allowed in any such case. Any modification, alteration or repair to an item manufactured by the Company by other than an authorized representative of the Company will nullify this warranty. As the installation and use of the Company’s products is beyond its control, no warranty of any kind is made by the Company as to the effects of such use or the results to be obtained therefrom. It is the Buyer’s responsibility to select the appropriate product for the use that is intended and which will satisfy any applicable governmental codes, rules and regulations. The Company is not responsible for any losses that may result from selection and/or installation of products which are unsuitable or improper for a particular application, or which do not satisfy any governmental codes, rules or regulations.