OVERVIEW & PURPOSE
Welcome to shopledder.com (this “website” or “site”), a website owned and operated by Ledder, (“we,” or “us”). These terms of use and the privacy policy apply to all visitors, users, and others who access this website (“users” and/or “you”). These terms of use explain the terms by which you may use our website and our services. By accessing or using the website, you signify that you have read, understood, and agree to be bound by these terms of use (“terms of use”), whether or not you have registered to create an account at https://shopledder.com/account/login. These terms of use and our privacy policy at https://shopledder.com/pages/privacy-policy create the terms of your and our agreement whenever you use this website, and when you choose to purchase products through this website.
Please read these terms of use carefully before you start to use this website. By accessing or using this website and/or purchasing products through our website, you agree to be bound and abide by these terms of use and our privacy policy found at https://shopledder.com/pages/privacy-policy. If you do not agree to these terms of use or the privacy policy, you must not access or use this site.
If you are not at least 13 years old, do not use this website. If you are between the ages of 13 and 18, we assume that if you are using this site or purchasing products through this site, you have the permission of a parent or guardian to do so and if you do not then do not use this site or purchase products on this site.
CHANGES AND UPDATES
We reserve the right to amend these terms of use and privacy policy at any time and without prior notice. If we do this, we will post the amended terms of use and/or privacy policy and indicate at the top of the terms of use and the privacy policy, as the case may be, the date it was last revised. If you continue to use this website after any such changes are made, it means you accept the new terms of use and privacy policy. If you do not agree to any changes or additions to these terms of use and the privacy policy, do not continue to use or access this site.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
ACCESSING THIS WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend any material we provide on this website at our sole discretion. We will not be liable if for any reason all or any part of this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this website, or the entire website, to users, including any registered users.
If you register for an account, you will be asked to give us certain personal information at the point of collection and to create a password (see our privacy policy for more information). If you think someone else has compromised your account or taken your password without permission, please notify us immediately at support@shopledder.com. If we think you or someone else is using this website or your account in a way not allowed by these terms of use, we have the right to disable your account or other credentials you set up at any time.
USE OF YOUR ACCOUNT
You are responsible for all activities on the site made from your account or all activities of the person who uses your credentials. You are responsible and liable for any security breaches that occur with respect to the website through your account.
USE OF OUR WEBSITE
You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” or any other tool or malicious code that would disrupt our website or try to compromise other users and other accounts. This site does not allow users to post content.
You agree that you will not use any means with respect to this website, including any automatic or electronic means, to obtain or access any information, data, or materials provided by any other users.
PRODUCTS OR SERVICES (if applicable)
Certain Products or Services may be available exclusively online through the website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any Product or Service made on this site is void where prohibited.
We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
CARTS
When you shop on our site, you can use a cart to keep track of the items you have selected until you are done shopping. You will be able to review and confirm your choices, your shipping address, how you are paying for your items you need.
CHECKOUT
When you check out, the data is transmitted to our third party payment processing company (at present, we use Shopify). Shopify stores your payment information on our behalf. If you use other means of payment (such as Apple Pay), you will be entering your information into those third parties’ sites, and you should review those providers’ terms of use and privacy policies.
BACKORDER
If any item you selected is on backorder, we will send you updates to let you know when it will be available. This notice will be sent to the email you give us when you are getting ready to check out.
PRICING AND PRODUCT ERRORS/CORRECTIONS
We endeavor to present current, accurate, and reliable information regarding our products. However, on occasion, this site may contain typing errors, inaccuracies, or omissions that may regard to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct errors or to update product information at any time without prior notice. If a product is listed at an incorrect price due to an error on this site, to the fullest extent allowed by law, we reserve the right to refuse or cancel any orders placed for any product listed at the incorrect price. Furthermore, to the fullest extent allowed by law, we reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your method of payment charged. If your method of payment has already been charged for the purchase and your order is then canceled, we will issue a credit to your original method of payment for the amount of the incorrect price.
NOT FOR RESALE
You are expressly prohibited from using this site to purchase any product for purposes of resale by you or any other person, and we expressly disclaim all warranties for claims for damage or otherwise, including all indirect or consequential damage resulting from your intent to, attempt to, or actual resell any product purchased from this website.
PROBLEMS
If there is a problem with the information you give us when you check out, we will try to reach you through the contact information you provided.
FRAUD
If there is any concern about fraud or wrongdoing, we may be required by law to first report the problem to law enforcement officials. We use a third party vendor to detect fraud.
YOUR MONEY
When you check out, and put in your payment information, you promise, represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes that could impact your order, your account, or your payment.
CANCELING OR RETURNING PRODUCTS
Please see our return and cancellation policy at https://shopledder.com/pages/exchange-and-return
PRICES AND TAXES
We may change the prices of our products from time to time. Different locations require us to charge and collect sales tax at the time of checkout. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
SHIPPING CHOICES AND COSTS
When you check out, you will select your means and timing of shipment. If you do not live in the United States, where we are based, you may also have to pay import duties that will be reflected in your final order summary.
PROPRIETARY RIGHTS
This website and its entire contents, our products, and the photographs of our models and our products (including but not limited to all information, trademarks, marks, service marks, displays, images, video and audio, and the design, selection, and arrangement thereof) (collectively and individually, the “materials”) are owned by LEDDER, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws. You promise and agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any LEDDER materials. Use of the LEDDER materials for any purpose not expressly permitted by these terms of use is strictly prohibited.
You may choose to submit to us comments or suggestions about the site and our products. By submitting a comment or suggestion, you understand and agree that we have the unlimited right to use those comments or suggestions for any purpose, without any compensation or attribution to you.
SECURITY
We have implemented reasonable technical, security, and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. For more information, see our privacy policy at https://shopledder.com/pages/privacy-policy. Notwithstanding these reasonable measures, we cannot guarantee that someone will not be able to access your information without our or your permission. It is your choice whether or not to provide information to us through this website.
THIRD PARTY SERVICE PROVIDER
When you proceed to checkout, your information will be transmitted to our third-party payment processor (at present, Shopify). We also have a third-party that monitors our ecommerce transactions to detect fraud. See our privacy policy for more information about our third-party providers at https://shopledder.com/pages/privacy-policy
THIRD PARTY SITES
If you link to another website from this website for any other goods or services, or if you come to this site from a third-party site, you understand that these terms of use and the privacy policy do not apply to your use of those other sites. You expressly relieve LEDDER from any and all liability arising from your use of any third party website or services.
INDEMNITY
To the fullest extent allowed by law, you agree to defend, indemnify and hold harmless LEDDER and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these terms of use, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third party right, including without limitation any right of privacy, intellectual property rights, or any contractual or proprietary rights; (iv) your violation of any law, rule, or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or data that are submitted via your account; or (vi) any other party’s access and use of the website with your unique username, password, or other appropriate security code.
DISCLAIMERS AND LIMITATION OF LIABILITY
This website is provided on an “as is” and “as available” basis. Except as expressly stated herein, the site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, LEDDER, its subsidiaries, and its licensors do not warrant that the content on this website is accurate, reliable, or correct; that the site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the site is free of viruses or other harmful components.
To the fullest extent permitted by applicable law, in no event shall LEDDER, its affiliates, and their officers, directors, members, managers, employees, or its licensors, vendors or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that arise from or relate to the terms of use, this website, or that result from the use of, or inability to use, this website.
To the maximum extent permitted by applicable law, under no circumstances will LEDDER be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the site, or your account, or the information contained therein.
To the maximum extent permitted by applicable law, LEDDER, its affiliates, and their officers, directors, members, managers, and employees have no liability or responsibility for any (i) errors, mistakes, or inaccuracies of any content, materials, data, or information; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of this website; (iii) any unauthorized access to or use of this website and/or any and all personal information stored therein; (iv) any bugs, viruses, trojan horses, malicious code or the like that may be transmitted to or through this website by any third party; (vi) any errors or omissions in any content, information, or data, or for any loss or damage incurred as a result of the use of any content, data, or information posted, uploaded, emailed, transmitted, or otherwise made available through the site; and/or (vii) the defamatory, offensive, or illegal conduct of any third party.
In no event shall LEDDER, its affiliates, and their officers, directors, employees, members, managers, or our licensors, suppliers, or vendors be liable to any user in the aggregate for any and all claims, proceedings, liabilities, obligations, damages, losses, or costs arising out of or relating to the terms of use, the products or this website in an amount exceeding the amount, if any, that such user has paid to LEDDER for the products purchased through this site giving rise to the claim.
These limitations of liability apply whether the claim or alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if LEDDER has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law.
GOVERNING LAW
These terms of use shall be governed by the internal substantive laws of the state of Florida without respect to its conflict of laws principles.
ARBITRATION; NO CLASS ACTION
To the fullest extent allowed by law, neither you nor we will seek to have a dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Further, to the fullest extent allowed by law, no arbitration or proceeding can be combined with another one without the prior written consent of all parties to the arbitrations or proceedings.
You and we agree to arbitrate all disputes that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. This includes all disputes regarding any current, past, or future purchase or event, between you and us regarding our products, this agreement or this website, and whether the claim is based on contract, tort, warranty, statute, regulation, or other legal or equitable basis. We both agree by this undertaking that the arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms of use, the privacy policy, or the formation of this agreement, including the arbitrability of any dispute and any claim that all or any part of this agreement is or are void or voidable. You are waiving any and all rights you may have to litigate a dispute in court before a judge or jury.
If you or we have a dispute with the other or this website or our agreement, notice must first be sent to the other party, including:
- name, address, and contact information of the party giving the notice
- the facts that are the basis of the dispute
- the remedy sought (e.g. a refund).
For notices to us regarding a dispute, email at support@shopledder.com with a copy mailed to Ledder, attn: Ledder legal department / CFO, 7901 4TH ST N STE 8231 ST. PETERSBURG, FL. US 33702
If we have a claim against you, we will notify you by the contact information you have provided to us.
We and you will then use good faith efforts to resolve through informal negotiations the dispute. If, despite these good faith efforts, we cannot reach an agreed resolution within 60 days, then, you or we may commence an arbitration proceeding. Arbitration will be conducted in Los Angeles, California, or, if you and we agree, remotely.
Arbitration will be administered by one arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
NOTIFICATION PROCEDURES
Other than for disputes, LEDDER may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by LEDDER at our sole discretion. LEDDER reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these terms of use and our privacy policy.
ENTIRE AGREEMENT; SEVERABILITY; NO WAIVER
These terms of use, the privacy policy, and your agreement to pay for the products you buy through this website create the entire agreement with respect to your use of this website and the products you buy from us. 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 LEDDER’s failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.