Legal Notifications

Terms of Use, Copyright Policy and Privacy Policy for all Leyard Websites

This Terms of Use Agreement (the “Agreement”) is between you, any company or business entity on whose behalf you are acting, and Leyard., its subsidiaries, and affiliates (collectively “Leyard”) which own and operate Leyard’s network of Web properties (collectively the “LeyardSite”). By your use of the Leyard Site you agree, without limitation or qualification, to be bound by, and comply with this and all future Agreements that govern use of the Leyard Site. If you do not wish to be bound by the terms of this Agreement, please do not use this Web site. Your continued use of the Leyard Site constitutes your affirmative consent to this Agreement.

Leyard Content & User-Provided Content

The term “Leyard Content” means any information, data, text, messages, articles, software, photos, video, graphics, music, sounds and any other material or services posted on the Leyard Site by Leyard, except User-Provided Content. You agree that all Leyard Content is the sole and exclusive property of Leyard and its licensors who shall retain all right, title, and interest in and to it.

The term “User-Provided Content” means all information, text, messages, articles, photos, or other material provided by you or other users, whether publicly posted or privately transmitted. User-Provided Content is the sole responsibility of the person who provided it. You represent and warrant that you own or otherwise control all of the rights to the User-Provided Content that you submit to the Leyard Site, and that you, or the owner of any such User-Provided Content, grant to Leyard an unlimited, unrestricted right and license to use, republish, reproduce, modify or adapt it for any business purpose (except as limited by Leyard’s Privacy Policy), and to the fullest extent legally permissible waive all moral rights in it.

Leyard does not control, and is not responsible for, any User-Provided Content, nor does Leyard guarantee its accuracy or integrity. Notwithstanding, Leyard retains the unlimited right, at its sole discretion, to monitor any and all User-Provided Content and to edit, delete, render unavailable, or otherwise dispose of any User-Provided Content without notice and without liability to any party. You acknowledge that you may be exposed to User-Provided Content contributed by other users of the Leyard Site which may be that is offensive and/or objectionable to you.

The Leyard Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All Leyard Content on the Leyard Site is protected by copyright, and is owned or controlled by Leyard or its licensors. You will abide by any and all additional copyright notices, information, or restrictions contained in any Leyard Content or User-Provided Content on the Leyard Site. You may not modify, publish, retransmit, participate in the transfer, sale or resale of, copy (other than temporary copies that may appear in or be created by your browser), create derivative works of, distribute, perform or display any Leyard Content in any way, except that you may make one copy for your personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Leyard Content.

To see Leyard’s notice and take down procedure for copyright violations, read the Copyright Policy also on this page.

The trademarks, logos, service marks, page headers, custom graphics, button icons, scripts, and trade dress displayed on the Leyard Site (“Trademarks”) are registered and unregistered trademarks of Leyard and others. Except as provided in this Agreement or by written permission of Leyard, you may not copy, imitate, or use the Trademarks.

Conduct Limitation

You agree not to attempt to access any of Leyard’s systems, programs or data that are not made available for your use. You represent, warrant and covenant that: (a) you will not upload, post or transmit to, or distribute or otherwise publish through the Leyard Site either directly or indirectly any materials which: (i) restrict or inhibit any other user from using and enjoying the Leyard Site; (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or otherwise prohibited by law; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or, otherwise violate law; (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (v) contain a virus or other harmful component; (vi) contain any information, software or other material of a commercial nature; (vii) are unsolicited email (“Spam”); or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are more than thirteen (13) years old and have the approval of your parent or guardian to access Leyard’s site, or are eighteen (18) years old or more. You specifically agree to comply with all local rules regarding online conduct and acceptable content.

Some features on the Leyard Site require registration. By registering at, and in consideration of, your use of the Leyard Site, you agree to provide true, accurate, current, and complete information about yourself, and to maintain and promptly update such information. You may only maintain one active registration with Leyard. By accepting this Agreement, you certify that you have no other registration(s) with Leyard for the Leyard Site.

Some features on the Leyard Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions which occur, or User-Provided Content submitted, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password you agree to notify Leyard immediately. Leyard will assume that any communication it receives under your password has been made by you unless Leyard receives notice otherwise.

You, or third parties, are not allowed to frame, deep link, inline link or otherwise share or connect the Leyard Site with social media sites, or use Leyard’s proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any Leyard Content without Leyard’s express written consent. Further, you may not utilize any Leyard Content in any meta tags or any other “hidden text” techniques or technologies without Leyard’s express written consent.

Purchasing Products or Services

Leyard may make its products or services available for purchase from time to time through the Leyard Site. Leyard makes a conscientious effort to provide accurate information regarding the features, specifications, pricing, and availability of Leyard’s products and services (“Product Information”). Occasionally, Product Information may contain typographical errors, inaccuracies, or omissions, and therefore, Leyard cannot and does not guarantee the accuracy or completeness of Product Information. Leyard reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice to you. All of Leyard’s displays are measured diagonally; all display screen images contained in this database are simulated pictures unless otherwise indicated.

Product Information on the Leyard Site does not constitute an offer to sell. Rather, Product Information is provided merely for advertising purposes. Your submission of an order to Leyard constitutes an offer to purchase which, if accepted by Leyard, shall be subject to Leyard’s terms and conditions of sale. RECEIVING AN ORDER ACKNOWLEDGEMENT DOES NOT GUARANTEE THE ACCEPTANCE OF AN ORDER. LEYARD RESERVES THE RIGHT TO LIMIT THE QUANTITY OF ITEMS ORDERED AND/OR REFUSE TO SELL TO ANY CUSTOMER.

Changes & Termination

Leyard may for any reason change, suspend, or discontinue any aspect of the Leyard Site, this Agreement, Leyard Content, or User-Provided Content at any time without notice or liability to you (“Changes”). Changes become effective upon posting on the Leyard Site. Your use of the Leyard Site after the time Changes are posted indicates your assent to the Changes. Leyard may also impose limits on certain features and services or restrict your access to parts or all of the Leyard Site without notice or liability. Your sole and exclusive remedy in the event of any of the foregoing will be to terminate your use of the Leyard Site. Upon termination, you must immediately destroy any downloaded and/or printed Leyard Content, and any installations thereof, which you have obtained from the Leyard Site.

You agree that Leyard may at any time, and at its sole discretion, terminate your use of the Leyard Site without prior notice to you for violating any of the above provisions or for other reasons that Leyard deems necessitate such termination, in Leyard’s sole discretion. You agree that upon termination, Leyard may delete all files and information related to your account and may bar access to your account and the Leyard Site. You agree that Leyard shall not be liable to you or any third party for any termination of your access to the Leyard Site.

Indemnity

You agree to indemnify, defend, and hold harmless Leyard, from and against any claim, liability, cost, damage, expense, or loss it may incur (including, without limitation, reasonable attorneys’ fees and costs) as a result of: (i) your use of User-Provided Content provided by others or Leyard Content; (ii) any content provided by you; (iii) any violation by you of your obligations under this Agreement; and (iv) any violation by you of the rights of others. Leyard reserves the right, but not the obligation to, at its own expense, assume control of the defense of any action subject to indemnification by you under this Agreement. You agree not to settle any claim arising under this Agreement without the prior written consent of Leyard. You will use your best efforts to cooperate with Leyard in the defense of any claim.

Disclaimer of Warranties

LEYARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE COMPLETENESS, TRUTHFULNESS, ACCURACY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CONTENT FOUND HEREIN. ALL CONTENT PROVIDED ON THE LEYARD SITE IS TO BE USED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. FURTHER, LEYARD MAKES NO WARRANTY THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF VIRUSES, WORMS OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL WILL MEET YOUR EXPECTATIONS OR WILL BE ACCURATE, RELIABLE OR RESULT IN REVENUE OR SAVINGS TO YOU.

You agree that Leyard will not be held liable to anyone for any loss or injury resulting from your direct or indirect use of the Leyard Site. This includes, but is not limited to, loss or injury caused in whole or in part by Leyard’s procuring, compiling, interpreting, reporting or delivering any portion of the Leyard Site. Some jurisdictions do not allow the disclaimer of such warranties, so this may not apply to you, but the disclaimer will apply to the furthest extent allowed by law.

Disclaimer of Liability

You acknowledge that Leyard will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Leyard has been advised of the possibility of such damages), resulting from or related to the use or inability to use the Leyard Site whether or not such loss or damage is based on contract, tort (including negligence and strict liability) or otherwise. Some jurisdictions do not allow the waiver of such damages, so this may not apply to you, but the waiver will apply to the furthest extent allowed by law.

The Leyard Site may contain links to, or be linked from, other non-Leyard Web sites. Leyard makes no claim or representation regarding, and accepts no responsibility for any content, products, or materials on such sites, nor does it assume any responsibility for your reliance on or use of content, products or other materials obtained from such sites. Such reliance is at your own risk.

Governing Law

This Agreement, your rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Oregon (except with respect to its conflict of law provisions) as if the Agreement were a contract wholly entered into and wholly performed in Multnomah County, Oregon independent of your actual state or country of residence. Any dispute arising out of or relating to this Agreement whether at law or in equity will be resolved exclusively in the federal or state courts located in Multnomah County, Oregon, and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts.

Compliance with Export Control Laws

Some software, documentation, or technical information available on or through the Leyard Site may be subject to U.S. or foreign export controls. By accessing, downloading, or using such software, documentation, or technical information you represent and warrant that you are in compliance with any such applicable laws and regulations. Leyard makes no representation that materials on the Leyard Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.

Trademark

Planar® is a registered trademark of Planar Systems, Inc. in the United States and other countries. All other trademarks are property of their respective owners.

Miscellaneous

This Agreement constitutes the entire agreement between Leyard and you with respect to your use of the Leyard Site. Any cause of action you may have with respect to your use of the Leyard Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. All provisions of this Agreement which impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including but not limited to, provisions for indemnity and any licenses granted by you to Leyard. The failure of Leyard to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.

Company Contact Information

If you have any questions or comments regarding the Leyard Site or its contents, please contact us by email at webmaster@leyardgroup.com or by regular mail at:

Leyard
Attn: Webmaster
1195 NW Compton Way
Beaverton, OR 97006
USA

BY USING OR REGISTERING TO BECOME A USER OF THE LEYARD SITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.

 

Copyright Policy

Leyard prohibits the posting of materials that infringe the intellectual property rights of others. In addition, Leyard expressly reserves the right to remove any content that infringes the intellectual property of others or that violates this Agreement. Leyard may terminate the use of its Web site by users who Leyard has reason to believe have engaged in such conduct.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Leyard’s Copyright Agent with a notice containing the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Leyard web site;
  4. your address, telephone number, and email address;
  5. 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;
  6. 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.

Leyard’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

By mail:
Leyard
Attn: Webmaster
1195 NW Compton Way
Beaverton, OR 97006
USA

By phone: 1-866-475-2627

By Internet: leyard.com or webmaster@leyardgroup.com

 

Privacy Policy

for all Leyard web sites

This Privacy Policy Statement (this “Privacy Policy”) outlines the practices of Leyard, its subsidiaries, and affiliates (collectively “Leyard”) regarding the collection, use, and disclosure of information collected from you by means of Leyard’s network of Web properties (collectively the “Leyard Site”). By using the Leyard Site you consent to the collection and use of your information in accordance with the terms of this Privacy Policy. If you do not want your information to be collected and used in the manner described in this Privacy Policy, you can opt out by not participating in or making use of the Leyard Site.

Information that Leyard Collects

Leyard collects information from all users of the Leyard Site. What information we collect and how we use it depends upon your activity on the Leyard Site, which is described in more detail below.

Children’s Privacy Policy

Leyard does not sell products to persons under the age of 18. If you are under the age of 18, you are required seek the approval of your parent or guardian to purchase products from the Leyard Site. The Leyard Site is not intended for use by children under 13 years of age under any circumstances. Leyard does not knowingly collect personal information from children under 13 years of age.

Visiting

Leyard collects non-personally identifiable, anonymous information from all visitors to the Leyard Site. Examples of the types of anonymous information that Leyard collects include a user’s IP address, browser type, and the date and time a user accessed the Leyard Site. We use this anonymous information for system administration purposes in order to enhance the operation of the Leyard Site and make it more useful to visitors. We may share this information with outside parties, but each user’s personal identity remains anonymous.

From time to time, we may use an outside agent to collect anonymous user information. The collection and use of such information will be for purposes substantially identical to those described above. As part of this service, the outside agent may use cookies.

Registration

To use certain features of the Leyard Site, you must first complete a registration procedure which requires you to provide certain personal information, such as your name and email address (providing demographic information, such as your street address, is optional). Leyard collects this information and uses it internally for purposes such as marketing, customer administration, technical administration of the Leyard Site, or to contact you. Leyard does not share this information with outside parties except as indicated in the “Information Sharing” section below.

Support Center

You may submit personal information to Leyard by using the Support Center feature of the Leyard Site. Information which you submit in this manner will be subject to the terms contained in our Terms of Use Agreement also on this page.

Ordering

When ordering products or services from the Leyard Site, you must provide contact information, such as name and shipping address, and financial information, such as an account number. Your contact information is used for processing, packaging, and shipping your order. Your financial information is used for billing purposes. Leyard may use a third party vendor to process, package, or ship your order, or to process your payment. Leyard discloses your contact and financial information to outside vendors as necessary to process your transaction. Your personal information will be subject to such vendors’ policies regarding the use of personal information. Additionally, Leyard may use your financial and contact information internally for purposes such as marketing, customer administration, and technical administration of the Leyard Site.

Other Information

Leyard may, from time to time, collect other information from you (for instance, when we make special offers, hold promotions, or conduct surveys). Information collected by these means is used internally for purposes such as marketing, customer administration, technical administration of the Leyard Site, or to contact you. Leyard does not share this information with outside parties except as indicated in the “Information Sharing” section below.

Cookies

Leyard uses cookies for various reasons. A cookie is a small amount of data placed on your computer’s hard drive by Leyard that can transmit your information to us. We use both session ID cookies and persistent cookies. A session cookie terminates automatically after you close your browser. A persistent cookie remains on your hard drive, but can be removed by following the directions on your browser. You can set your browser to disable cookies, but this may prevent you from enjoying all of the features of the Leyard Site. Unless you have adjusted your browser setting so that it will refuse cookies, the Leyard Site will issue cookies when you visit or log on to the site.

We use cookies to deliver content that is specific to your interests, to streamline the login process, and to collect anonymous user data in the aggregate. The cookies make your use of the Leyard Site easier by making the Leyard Site run more smoothly, and helping us to maintain the security of the Leyard Site.

Some outside parties may use cookies on the Leyard Site. Leyard has no access to or control over these cookies. If you wish to obtain more information about cookies, you may like to visit www.aboutcookies.org.

Information Sharing

Some features on the Leyard Site are made possible through Leyard’s partnerships with outside parties. As part of your use of these features, you agree to permit your personal information to be shared with these parties subject to these parties’ policies regarding use of personal information, if any. Leyard uses great care in selecting business partners with whom we share your information. However, Leyard is not a guarantor of outside parties’ practices regarding your information. Users of the Leyard Site permit the sharing of their personal information at their own risk, and shall not hold Leyard responsible for acts or omissions of outside parties. Leyard may provide links to third party sites. Because Leyard does not control those websites, we encourage you to review the privacy policies of these outside parties. Any information you supply on such outside parties’ sites will not be within our control.

Leyard will disclose your information when we believe in good faith that it is legally required, such as pursuant to a warrant, subpoena, or court order, or to protect our rights and property.

In the event that Leyard is acquired by or merged into another company, all information collected will be transferred to the acquiring company as one of Leyard’s assets and will be governed by the acquiring company’s privacy policy, if any.

Security

Leyard takes precautions to protect your personal information from unauthorized access, use, or disclosure. The personally identifiable information you provide to Leyard is stored on servers located in a controlled environment that Leyard takes efforts to protect from unauthorized access by both physical and electronic measures. Leyard strives to provide a commercially reasonable degree of security, but does not guarantee that such measures will be effective.

Any payment transactions will be encrypted. No credit card numbers used for processing payment transactions are retained for marketing purposes.

Where Leyard provides you with (or where you have chosen) a password that enables you to access certain parts of the Leyard Site, you are responsible for keeping the password confidential. Leyard asks you not to share a password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to the Leyard Site via the Internet; any transmission is at your own risk. Once we have received your information, we will use the storage measures and security features described above to try to prevent unauthorized access.

Correction/Updating Personal Information, Opting-Out, and Contacting Leyard

You may use the contact information provided below to request a change in your personal information at any time (such as an address correction or change of phone number or email address).

You may also use the contact information below if you have any questions, comments, or complaints about this Privacy Policy or your dealings with the Leyard Site.

Leyard
Attn: Webmaster
1195 NW Compton Way
Beaverton, OR 97006
webmaster@leyardgroup.com

Phone: 1-866-475-2627

Notification of Changes

The personal information Leyard collects and maintain will be subject to the version of this Privacy Policy in effect at the time of collection. Leyard may change this Privacy Policy from time to time for any reason. When we make such changes, we will post notification of them on our main Web page. Your continued use of the Leyard Site after notification of such changes has been posted shall constitute your assent to be bound by these changes and the revised Privacy Policy as a whole.

ASSENT

BY USING THE LEYARD SITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PRIVACY POLICY AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.