Terms of use

This Website is operated by Libby Perszyk Kathman Holdings, Inc., an Ohio corporation based in the United States of America, on its behalf and on behalf of its affiliates in the United States, the United Kingdom and Switzerland (collectively “LPK”). By using or visiting this Website (collectively, including all content available through the theotherly.com, LPK.com and lpklab.com domain names, the “Website”), you are agreeing to these terms (the “Terms of Use”) and the LPK Privacy Policy (“Privacy Policy”), which is published at http://www.lpk.com/privacy-policy. Please read these Terms of Use carefully.

TOPICS

  • How You May Use Our Materials
  • Privacy and Copyright Protection
  • Endorsements
  • Our Warranties and Disclaimers
  • Indemnity
  • Termination
  • Other Websites
  • About These Terms
  • Also see our Privacy Policy and Copyright Policy.

HOW YOU MAY USE OUR MATERIALS

Using our Website does not give you ownership of any intellectual property rights in our Website or the content you access. You may not use content or ideas from our Website unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Website. Do not remove, obscure, or alter any legal notices displayed in or along with our Website.

Do not misuse our Website. For example, do not interfere with our Website or try to access it using a method other than the interface and the instructions that we provide. You may use our Website only as permitted by law, including applicable export and re-export control laws and regulations.

Do not collect or harvest any personally identifiable information, including account names, from the Website, nor use the communications systems provided by the Website (e.g., comments, email) for any commercial solicitation purposes. Do not solicit, for commercial purposes, any users of the Website with respect to their user submissions without consent.

The content of this Website is protected by copyright under both United States and foreign laws. You may download and view a single copy of the materials found on the Website for your personal, noncommercial use only, provided that any copy that you make of the material must bear any copyright, trademark or other proprietary notice located on the Website which pertains to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by LPK or any third-party owner of such rights. You may not create framed links or deep links to the Website without express written permission from LPK. Content on the Website is being provided to you AS-IS, WHERE-IS, WITH ALL FAULTS, for your information only.

PRIVACY AND COPYRIGHT PROTECTION

LPK’s privacy policy and copyright policy explain how we treat your personal data and protect your privacy when you use our Website. By using our Website, you agree that LPK can use such data in accordance with our policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

We provide information to help copyright holders manage their intellectual property on line. If you think someone is violating your copyrights and want to notify us, contact privacy@lpk.com.

ENDORSEMENTS

All product and service marks contained herein that are not LPK marks are the trademarks of their respective owners. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.

OUR WARRANTIES AND DISCLAIMERS

We provide our Website using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we don’t promise about our Website.

ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LPK DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LPK MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL LPK BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE WEBSITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM LPK.COM, INCLUDING WITHOUT LIMITATION THE ACCURACY OF BUSINESS INFORMATION POSTED THEREIN. LPK DISCLAIMS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACTIVITIES OCCURRING ON THE LINKED WEBSITES.

THE WEBSITE ALSO CONTAINS INFORMATION ABOUT US AND OUR MISSION. WHILE THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE ASSOCIATED GOODS OR SERVICES, YOUR SOLE REMEDY IS TO CEASE USING THEM.

The Website is operated from a location in the State of Ohio, United States of America, even though it may be hosted elsewhere. We make no representation that materials found at our Website are appropriate or available for use in other locations. If you access our Website from other locations, you are responsible for compliance with local laws. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings concerning this agreement.

INDEMNITY

You agree to defend, indemnify and hold harmless LPK and its employees, agents, directors, officers and shareholders from and against all liabilities, claims, damages and expenses (including, without limitation, reasonable attorney’s fees and costs) arising out of your use of our goods or services, your breach or alleged breach of this agreement and your breach or alleged breach of the intellectual property or proprietary or other rights of third parties.

TERMINATION

LPK reserves the right to terminate your access to the Website or to any or all of the services at any time without notice for any reason whatsoever.

OTHER WEBSITES

Our Website contains links to other websites. This privacy policy only applies to this Website. When you link to other websites, you should read their own terms of use and privacy policies.

ABOUT THESE TERMS

We may modify these terms or any additional terms that apply to the Website to, for example, reflect changes to the law or changes to the Website. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. If you do not agree to the modified terms for the Website, you should discontinue your use of the Website.

These terms control the relationship between LPK and you. They do not create any third party beneficiary rights.

You agree that: (1) the LPK Website shall be deemed solely based in Ohio; and (2) the LPK Website shall be deemed a passive Website that does not give rise to personal jurisdiction over LPK, either specific or general, in jurisdictions other than Ohio. These Terms of Use shall be governed by the substantive laws of the State of Ohio without regard to its conflict of laws principles. Any claim or dispute between you and LPK that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Hamilton County, Ohio and you and LPK consent to personal jurisdiction in such courts. These Terms of Use, together with the Privacy Policy and any other legal notices published by LPK on the Website, shall constitute the entire agreement between you and LPK concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and LPK’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION BY YOU AGAINST LPK ARISING OUT OF OR RELATED TO THE LPK WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS WAIVED AND PERMANENTLY BARRED.

If you have any questions about the Terms of Use, please contact us at privacy@lpk.com.