Terms & Conditions
Website Terms of Use
- General. This Website Terms of Use Agreement (“Agreement”) governs your access to and use of the website operated by Lyndon, Inc. (“Lyndon,” “our,” “us,” or “we”) and located at www.amazinglyndon.com (the “Website”). By accessing, browsing, using and interacting with this Website, you agree that you have read, understood, and accept this Agreement. Please read it carefully and let us know if you have any questions. If you do not agree with any of the terms herein, do not use the Website.
This Agreement does not govern your use of any products or services that may be offered by Lyndon or any products or services that may be offered by third parties from or in connection with the Website or otherwise, which are subject to their own terms and conditions. You must accept any terms and conditions relating to products and/or services as a condition to receiving such products and/or services.
- Use of the Website. You may only use this Website for its intended purpose and solely in accordance with this Agreement. In addition, you may not restrict or inhibit any other person from using or enjoying the Website. The Website may contain links to other Internet websites and third-party resources, and we may employ third party technologies in connection with our Website that require you to accept such third party’s terms. Lyndon is not responsible for either the availability of these outside resources or their content, including for any products or services you may obtain by contacting any person or entity as a result of use of the Website or the features hereof. Lyndon may, but is not obligated to, monitor your use of the Website.
- Intellectual Property. This Website and its content are protected by law, including without limitation, copyright law, trademark law, and other applicable international laws and treaties. You are granted permission to display the materials on this Website solely for your own personal, non-commercial use. You may not remove any legends placed thereon. You may not “mirror” any content contained within this Website without our express prior written consent. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written consent, or the consent of the applicable copyright owner. Lyndon does not grant you any licenses, express or implied, to the intellectual property of Lyndon or its licensors except as expressly stated in this Agreement.
- Transmission of Content. Any material, information or ideas that you transmit to or post to or through this Website by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by for any purpose whatsoever. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with Lyndon’s Privacy Policy. You agree to the terms of such Privacy Policy by providing your personal information to Lyndon.
- International Use. This Website is controlled and operated by Lyndon from within the United States. Lyndon makes no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
- U.S. Government Restricted Rights. The content of this Website is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
- Limitation of Liability. THE WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL LYNDON BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ITS CONTENT, EVEN IF LYNDON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LYNDON’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Term and Termination. This Agreement is effective as of the date of your first access or use of the Website, and shall remain in effect for the duration of your access or use. Your right to use the Website shall automatically terminate upon your breach of the Agreement.
- General. The laws of the State of Texas, excluding its conflict of law principles, govern this Agreement and your use of the Website. Any suit to enforce this Agreement shall be brought exclusively in the state or federal courts sitting in Travis County, Texas and you hereby consent to the jurisdiction of such courts and waive any venue objection. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. “LYNDON,” and all associated logos displayed within the Website are our trademarks (unless otherwise noted). The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
- Contacting Us. All questions, comments, feedback and other communications regarding the Website or products and services offered by Lyndon should be directed to customerservice@amazinglyndon.com
- Copyright Policy. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please send our Copyright Agent a notice of infringement with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and primary email address; (e) a written 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 (f) 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. You may file a notice of infringement with our designated Copyright Agent.
It is our policy to respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”). Our copyright agent can be reached at customerservice@amazinglyndon.com
Upon receipt of a proper DMCA notice of infringement, we may promptly remove or disable access to the content that is the subject of the notice. It is our policy in appropriate circumstances to suspend, disable or terminate, without notice and in our sole discretion, the accounts of those subscribers that we determine to be “repeat infringers.”
- Alabama Sales Tax. For all orders being delivered into Alabama, we will collect tax and the following statement applies:
“Lyndon has collected the simplified sellers use tax on taxable transactions delivered into Alabama and the tax will be remitted on the customer’s behalf to the Alabama Department of Revenue. Lyndon’ program account number is SSU-R010724837.”
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
We are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP or CANCEL to any mobile text message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that attempting to opt-out texting other words or verbally requesting one of our team members to remove your from our list is not accounted as a reasonable means of opting out.
You acknowledge that the message frequency is various and that consent is not a condition to purchase. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
For any questions text “HELP” to the number, you received the messages from. You can also contact us for more information about the Program.