TERMS AND CONDITIONS
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Site following any such modification constitutes your agreement to the terms of the modified Agreement.
Load Lugger, LLC only sells products to adults, ages 18 years and older, who can purchase them with a credit card. Load Lugger, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Load Lugger, LLC believes that user conduct violates applicable law or is harmful to the interests of Load Lugger, LLC or its affiliates.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Load Lugger, LLC or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Load Lugger, LLC or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of Load Lugger, LLC or any third party.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by Load Lugger, LLC or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of Load Lugger, LLC or any third party.
The Site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Site, or use the contents of this Site in litigation, or for any commercial or promotional purposes, without the express written consent of First Lite or its lawful successors and assigns.
Without the prior written authorization by Load Lugger, LLC, any other use of the Site is expressly prohibited, and such use terminates the license. You may not download (except for page caching), reproduce, distribute copies of, retransmit, sell, publicly display, or create derivative works of, the Site or any work incorporated into the Site. You may not use the Site or any work incorporated into the Site for commercial purposes. You may not collect or use product listings, descriptions or prices, or download account information for the benefit of any third party. You may not use data mining, robots or similar data gathering or data extraction tools on the Site.
Load Lugger, LLC vigorously enforces its copyrights, trademarks and other intellectual property. Any use of the Site or any of the works incorporated into the Site other than for personal, noncommercial use, or as otherwise expressly permitted by the copyright statute, will be deemed a willful infringement of Load Lugger, LLC rights, and will subject you to liability for damages, statutory damages and/or attorneys’ fees.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with involvement of a parent or guardian.
Load Lugger, LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at:
Load Lugger, LLC
17195 Silver Parkway, #162
Fenton, MI 48430
RISK OF LOSS
All items purchased from Load Lugger, LLC are made pursuant to a shipment contract, which means that the risk of loss and title for such items pass to you upon our delivery of said item(s) to the carrier.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY LOAD LUGGER, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LOAD LUGGER, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LOAD LUGGER, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOAD LUGGER, LLC DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM LOAD LUGGER, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LOAD LUGGER, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, LOST REVENUES, LOSS OF BUSINESS OPPORTUNITIES, AND CONSEQUENTIAL DAMAGES, EVEN IF LOAD LUGGER, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE EXTENT THAT WE DISPLAY OR OFFER FOR SALE THE PRODUCTS OF THIRD PARTIES, OUR LISTING OR DISPLAY DOES NOT CONSTITUTE AN ENDORSEMENT OF SUCH PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES – ****IMPORTANT, THIS AFFECTS YOUR RIGHTS
We agree that any dispute or claim relating in any way to your visit to the Site or to products or services sold or distributed by Load Lugger, LLC or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaraory relief or statutory damages), and must follow these terms and conditions as a court would.
To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to Load Lugger, LLC 17195 Silver Parkway, #162 Fenton, MI 48430. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Load Lugger, LLC will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class action, class arbitration, or a consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting and/or ordering through the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Michigan, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and Load Lugger, LLC.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Load Lugger, LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason. Load Lugger, LLC reserves the right to reject any order you place, and/or to limit quantities on any order, without giving any reason. If Load Lugger, LLC rejects your order; we will generally attempt to notify you using your email address you gave when you placed the order.
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Load Lugger, LLC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Load Lugger, LLC will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Load Lugger, LLC’s Return Policy.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
You agree to indemnify and hold Load Lugger, LLC and its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of this Agreement, or your violation of any rights of another.
Load Lugger, LLC may provide is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Load Lugger, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource., or third parties may provide, links to other Internet sites or resources.
SHARED CONTENT AND USER GENERATED CONTENT
We appreciate you considering our request to reuse/repurpose your content (“Content” defined below). By replying to our request with the hashtag that we provided you, or by posting content to our websites, mobile sites, or social media sites, you are making a Submission. Please review our terms below to help you decide if you would like to grant us permission to use your content.
“Content” refers to any text, photos, graphics, images, videos, audio-video clips, and other materials posted on the internet, on our websites, in an email or social media sites.
By agreeing to these terms, you are granting us non-exclusive, perpetual, worldwide, royalty-free, transferable, irrevocable permission to use, modify, publically display, adapt, publish, sell, translate, create derivative works from, distribute and commercialize the Content in any form of communication, without obtaining additional consent, without restriction, and without compensating you in any way.
You also grant us the right to include or exclude the name or username provided along with the Content you have submitted. You agree that you have all of the rights and permissions necessary for you to grant the following permissions.
To represent your acceptance and understanding of these terms, and to grant Load Lugger, LLC the rights laid out above.
SITE POLICIES, MODIFICATIONS AND SEVERABILITY
Please review our other policies, such as our shipping policy, posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies and these terms and conditions at any time. You understand that the terms and conditions of this Agreement may be revised at any time by Load Lugger, LLC, and agree that you will bound by such terms if you fail to give notice of objection within 30 days of receiving notification of the change in contractual terms via email delivered to the email address elsewhere provided by you. Please contact Load Lugger, LLC customer service at the contact information provided on the Site to discuss any provision of this Agreement that you object to before placing an order with Load Lugger, LLC or your continued use of the Site. If you object to any term or condition of this Agreement or otherwise do not wish to be bound by this Agreement, please return all products purchased, in an unused and new condition in the original packaging, to Load Lugger, LLC for a full refund. If you do not return the product(s) you purchased from Load Lugger, LLC within 14 days of receiving said products, then you agree to be bound and accept this Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
TERMINATION OF USE
Load Lugger, LLC may, in its sole discretion, terminate your account or your use of the site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Load Lugger, LLC reserves the right to change, suspend or discontinue all or any aspects of the website at any time without prior notice.
OUR CONTACT INFORMATION
Load Lugger, LLC
17195 Silver Parkway, #162
Fenton, MI 48430
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Load Lugger, LLC at the address immediately following, the written information specified below. Please note that this procedure is exclusive for notifying Load Lugger, LLC that your copyrighted material has been infringed.
- An electronic or physical signature of 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 address, telephone number, and email;
- 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;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send all notices to the following address:
Load Lugger, LLC
17195 Silver Parkway, #162
Fenton, MI 48430