LEAFDETAILINGPRODUCTS.COM

TERMS OF USE

 

Welcome to LEAFDETAILINGPRODUCTS.COM, a website owned and operated by Icon Automotive, LLC (the “Company”). 

 

Please read these Terms of Use carefully. By accessing or using any of the Company’s Internet properties including, without limitation, www.iconautomotive.com, mobile sites, mobile applications, social media sites, text messages, e-mail, any other program, activity, technology application, or service that we offer (collectively referred to as the "Sites") you agree to comply with and be bound by these Terms of Use ("Terms of Use"). These Terms of Use, together with our Privacy Policy, and all other documents referenced herein, represent the entire agreement between you and the Company and supersede any prior statements or representations. If you do not agree to the Terms of Use, you must immediately terminate use of the Sites.

 

User Representations/Responsibilities 

 

You must be 18 years or older to use this Site. When you access the Site, you represent and warrant that you are 18 years or older and that you have the ability and authority to enter into contracts in the jurisdiction in which you reside.

 

To access the Sites, you may be required to create a unique username and password. You are responsible for maintaining the security and confidentiality of your username and password. Your username and password are personal to you and you may not allow any third party to use them. We are not liable for any harm caused by the theft, misappropriation, disclosure, or unauthorized use of your username or password. Contact us immediately if you become aware of or believe there is or may have been any unauthorized use of your username or password. 

Product Descriptions/Prices

We attempt to make the information provided as accurate as possible. Prices displayed on the Sites may differ from prices that are available in stores or catalogs.  If the information on our Sites contains an error relating to product descriptions, pricing, availability or any other matter, please contact us and we will work with you to cancel or return your order as your sole remedy. 

Intellectual Property Rights

 

The trademarks, service marks, logos, brand names, trade dress, as well as other content such as text, photographs, audio and video material, and artwork (collectively, the “Content) on the Sites are the property of the Company, its affiliates, licensors or other third parties and are protected by copyright, trade secret, and trademark law, as well as other law and regulations. 

The Content may not be reproduced, duplicated, copied, or otherwise used for any commercial purpose without the prior express written consent of the Company or the owner of the Content if the Company is not the owner. You may not modify or change the Content in any way or remove or change any copyright, trademark, or other notice. 

No right, title or interest in any downloaded materials is transferred because of any such downloading. 

Advertisements/Links

 

The Sites may contain advertisements or links to third party websites. The inclusion of advertisements on the Sites does not imply endorsement by the Company of any advertised goods or services or of any third-party websites. If you choose to purchase advertised goods or services or access third party websites linked to the Sites, you do so subject to the terms and conditions of those third party websites at your own risk.

 

Lawful Use

 

The Sites may be used for only lawful purposes.  By use of any of the Sites, you agree to:

 

• Follow these Terms of Use and all applicable laws;

• Provide only truthful and accurate information;

• Not take any action that might compromise the security of the Site or disrupt the operation of the Site; 

• Not impersonate anyone else or otherwise misrepresent your identity, affiliation or status on any of the Sites;

• Not upload to any of the Sites any malware, viruses, spyware, or other malicious software; and

• Not to use the Site in any manner that might interfere with the rights of third parties.

 

The Company reserves the right, but not the obligation, to contact appropriate authorities and to provide those authorities with information regarding any illegal or potentially illegal use of any of the Sites.

 

The Company reserves the right, but not the obligation, to terminate without notice the account and access to the Sites of any user who, in the sole discretion of Company, has engaged in illegal activity or violated these Terms of Use. 

Privacy

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Although the Company has implemented certain security measures, the Company cannot guaranty that the website will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any user Please read our Privacy Policy carefully for a description of how we use your personal information. 

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No Warranty/Limitation of Liability 

THE COMPANY DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY CONTENT OR OTHER INFORMATION PROVIDED THROUGH THE SITES.

THE COMPANY DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE SITES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND FROM THE COMPANY. THE COMPANY DOES NOT MAKE ANY WARRANTIES, WITH RESPECT TO ANY CONTENT, SERVICES, PRODUCTS, OR OTHER MATERIAL PROVIDED THROUGH THE SITES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY, OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. 

 

USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW YOU RELEASE THE COMPANY, ITS AFFILIATES, AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR ACTUAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ATTORNEY’S FEES AND COSTS), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, RELATING TO OR ARISING FROM YOUR USE OF THE SITE (OR INABILITY TO USE THE SITE) OR THE USE OF ANY CONTENT OR INFORMATION CONTAINED ON THE SITE. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

 

Some of these limitations and waivers may not apply to you due to limits imposed by some jurisdictions on the exclusion of certain warranties or the limitation or exclusion of liability for damages. To the extent that applicable law limits our ability to disclaim any warranty or limit our liability, our disclaimer of warranties and the extent of our liability will be the maximum permitted under such law.

 

Notice for New Jersey Residents

The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.

Notice for California Residents

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California residents are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. 

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Class Action Waiver

YOU WITH  THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. 

Indemnity

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YOU ARE PERSONALLY RESPONSIBLE FOR YOUR CONDUCT WHILE ON THE SITE. WHEN YOU ACCESS THIS SITE, YOU AGREE TO IDEMINIFY AND HOLD THE COMPANY, ITS AFFILIATES, AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS AND THE OTHER USERS OF THIS SITE FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES OR EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATING TO YOUR USE OF THE SITE. 

Governing Law/Interpretation/Jurisdictional Issues

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These Terms of Use supersede all other written and oral communications or agreements about the subject matter.  A waiver or modification of these Terms of Use shall only be effective if in a writing signed by an authorized officer or representative of the Company.  These Terms of Service shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts in the United States without regard to choice of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts of the Commonwealth of Massachusetts and to waive any objection as to venue or forum. 

The Sites are intended for users who reside in the United States of America or Canada. We make no representation that the Sites or any products or services offered through the Sites are valid outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. 

If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law. 

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Changes to Terms of Use

The Company reserves the right to modify or change these Terms of Use at any time. We will post significant changes to these Terms of Use on this page, which shall be your notice of the change. If you continue to use the Site after the change has been posted, you will be deemed to have agreed to the change. Therefore, we encourage you to check these Terms of Use frequently.

Arbitration

Except for a claim of breach of a party’s obligations regarding Intellectual Property, any dispute between you and us shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator and shall be conducted in Boston, Massachusetts. Judgment upon the arbitral award may be entered by any court having jurisdiction. 

 

WAIVER OF JURY TRIAL. 

 

THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY DISPUTE. The scope of this waiver is intended to be all encompassing of all disputes that may be filed in any court or other tribunal. 

 

No Waiver of Company Rights

 

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

 

Force Majeure

 

The Company shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any epidemic or pandemic;  any law, order, regulation, ordinance, or requirement of any government or legal body; inability to secure raw materials, transportation, fuel or energy.

 

Questions

Please contact us with any questions or concerns that you may have regarding the Company Terms of Use by using the “Contact Us” button on the Sites.

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PRIVACY POLICY

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OUR COMMITMENT TO PRIVACY

This policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use your information. If our information practices change, we will post an updated policy on our website. You can tell if the policy has changed by checking the revision date that appears above. If we change the policy in a material way, we will provide appropriate notice to you. You may exercise your choices about how we collect and use your information consistent with this policy at any time. We at ICON Automotive, L.L.C. (the “Company”) are committed to ensuring our customers' privacy on the Internet. We preserve and use your customer information in a manner that is intended to maintain the relationship and trust that we have with you.

By visiting www.iconautomotive.com and using affiliated websites mobile sites, and social media sites (collectively the “Sites”), you accept the practices as described in the following Privacy Notice.

 

PERSONAL INFORMATION

We collect personal information, such as your name, email address, postal address, phone number, or credit card number when you visit our website, place an order online or by phone, use our App, save your information with us online, contact us with a question or concern, or participate in a contest, promotion or survey. We also collect anonymous information to help improve the content and relevancy of our website, enhance our customer service, personalize the content and layout for visitors, and generally enhance our customers' buying experience. We may wish to communicate with you from time to time via e-mail to provide you with information regarding your account. On occasion, the information gathered through the website might be used to customize your information or update you on new products or promotions. You may also contact us to update your address or let us know of changes.

 

OTHER WAYS WE MAY USE INFORMATION WE COLLECT

We may use information to:
Fulfill your requests for products and services;
Offer products and services we believe may be of interest to you;
Customize the advertising and content that you see on our Services;
Facilitate use of our Services;
Manage your account and your preferences;
Analyze use of and improve our Services, products, and other services;
Identify and protect against fraudulent transactions and other misuses of our Services;
Enforce our conditions of use.

In the unlikely event of a sale or merger of the Company or substantially all of its assets are acquired, customer information may be one of the transferred business assets.

Additionally, we may release account information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of the Sites or our users, or others. This might include exchanging information with other companies and organizations for fraud protection and credit risk reduction.

 

HOW DOES THE COMPANY USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

As with many websites, we use "cookies" to obtain certain types of information when you access the Sites. Cookies are alphanumeric identifiers that are transferred to your computer's hard drive to enable our systems to recognize your browser. Accepting cookies allows you to take advantage of all features available on our websites. (The "Help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to prevent receiving cookies altogether.) We use "pixel tags" (also called "web beacons" or "clear gifs"), which are tiny graphic images, on our Sites and in our emails. Pixel tags help us analyze our customers' online behavior and measure the effectiveness of our marketing programs. We work with service providers that help us track, collect, and analyze this information.

Pixel tags may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Website. This information may include your computer's Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the website you visited immediately before coming to our site.

Pixel tags and cookies in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us. Information such as your gender, birthday, zip code, as well as other information, such as your preferred means of communication, is collected when you voluntarily provide this information. Unless combined with personal information, this information does not personally identify you or any other user of the Website. Aggregated personal information does not personally identify you or any other user of the Website. 

 

HOW DO I KNOW MY PERSONAL INFORMATION IS SECURE?

We do our best to provide you with a safe and convenient shopping experience. We have in place certain physical, electronic, contractual, and managerial safeguards to protect the security and privacy of your personal information.

When you enter your personal information on our websites, we use Secure Sockets Layer (SSL) technology to protect your information as it is transmitted to us. To make sure you are accessing our secure server before you submit personal financial information, look at the lower left-hand corner of your browser. If you see an unbroken key or a closed lock (depending upon your browser), then SSL is active. To double-check for security, look at the URL or Location line of your browser. If you have accessed a secure server, the first characters of the address in that line should change from "http" to "https."

If for any reason you cannot access the secure server, or if you're not quite comfortable shopping online at any of our websites, please feel free to place your order with us by telephone at the number listed in the section entitled, "How do I contact you?", below.

 

HOW IS MY INFORMATION USED FOR BEHAVIORAL OR INTERNET-BASED ADVERTISING?

We work with third-party companies that use tracking technologies (including cookies and pixel tags) on our websites in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our sites and your interaction with our advertising and other communications and use this information to determine which ads you see on third-party websites and applications.  

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WHAT ABOUT LINKS TO OTHER WEBSITES?

For your convenience and information, our websites may contain links to other sites which may have privacy policies that differ from our own. We are not responsible for the content or practices of any linked site. We encourage you to read the posted privacy statement and user terms and conditions whenever interacting with, and prior to, providing any personal information to any other website.

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THIS POLICY MAY CHANGE

This Privacy Notice may be changed from time to time and at any time by the Company. The Company reserves the right to change it without notice to a User. YOU HEREBY AGREE THAT YOU ARE BOUND BY THE VERSION OF THIS PRIVACY NOTICE THAT IS IN EFFECT AT THE TIME YOU FIRST USE THE SITES. THE TERMS OF THIS PRIVACY NOTICE MAY BE DIFFERENT THE NEXT TIME YOU USE THE COMPANY SITES. ANY USE OF THE COMPANY SITES BY YOU AFTER SUCH AMENDMENT(S) SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY THE USER OF THE AMENDMENT(S) FOR USE OF ALL COMPANY SITES. EACH USER SHOULD REGULARLY REVIEW THIS PRIVACY NOTICE FOR THE USER’S RECORDS.

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Please contact us with any questions or concerns that you may have regarding the Company Terms of Use by using the “Contact Us” button on the Sites.

 

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Website Accessibility Statement

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We are committed to improving the accessibility and usability of our website for the greatest number of people possible. We are striving for the highest level of accessibility for people with disabilities and to ensure that our website is accessible by individuals who use assistive technologies such as automated tools, keyboard-only navigation, and screen readers. For these reasons, we seek to meet or exceed the requirements of the Web Content Accessibility Guidelines 2.1 Level AA (WCAG 2.1 AA) as our web accessibility standard.



Finally, be aware that efforts to improve accessibility are active and ongoing. If you have specific questions or concerns about the accessibility of our website or need assistance in using the processes found within this site, please contact us at [phone number] and/or [email-address]. If you encounter an accessibility issue, please be sure to specify the web page, and we will make all reasonable efforts to make that page accessible.