COPYRIGHT
The entire content of this Website, including but not limited to text, graphics, logos, button icons, images and software, is the exclusive property of R.W. Lyall & Company, Inc. or its content suppliers and is protected by U.S. and international copyright laws. You may print and download portions of this content solely in connection with your use of the services provided on this Website as an information resource. In downloading materials from this Website, you agree not to change or delete any proprietary notices, trademarks and the like from any materials provided therein. Any other use, including copying, modification, redistribution, publication, display, performance or retransmission, of any portion of this material is strictly prohibited without the express written consent of R.W. Lyall & Company, Inc. Copyrighted material of third parties is used only with their express permission.
All title to, ownership of and rights in and to the software used to operate the R.W. Lyall Website, including any enhancements, improvements, additions to or works derived therefrom, belongs to R.W. Lyall & Company, Inc. or its software suppliers, unless specifically provided otherwise in a written agreement to which R.W. Lyall & Company, Inc. is a party, and is protected by U.S. and international copyright laws.
TRADEMARKS
LYALL, Mechanical Specialties; a division of Lyall, LYCOFIT, LYCO, FAST, and LYCOFAST are registered trademarks of R.W. Lyall & Company, Inc. in the United States and other countries. Lyall and Mechanical Specialties, a division of Lyall logos, graphics, page headers, button icons, scripts and service names are registered trademarks or trade names of R.W. Lyall & Company, Inc. All other trademarks not owned by R.W. Lyall & Company, Inc. that appear on this site are the property of their respective owners who may or may not be affiliated with or connected to R.W. Lyall & Company, Inc.
R.W. Lyall & Company, Inc.'s trademarks may not be used in connection with any product or service that is not R.W. Lyall's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits R.W. Lyall & Company, Inc
PATENT
One or more United States and international patents apply to certain items on this site, including without limitation: U.S. Patents Nos. 4,635,972; 5,465,751; 5,482,073; 5,501,331; 5,689,938; and 5,971,003. International Patents Nos. 554,931 (Spain) and FR95 08260 (France).
USE OF SITE
R.W. Lyall intends to make its Website available for the use of any interested member of the public who qualifies. However, R.W. Lyall & Company, Inc. reserves all rights to limit, restrict or terminate access to the Website for no reason or any reason whatever, including, without limitation, if R.W. Lyall believes that user conduct violates applicable law or is harmful to the interests of R.W. Lyall & Company, Inc. and its affiliates.
This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by R.W. Lyall & Company, Inc.
DISCLAIMER
R.W. LYALL & COMPANY, INC. PROVIDES THE WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. EACH USER AGREES THAT USE OF THE WEBSITE IS AT THE USER'S SOLE RISK. R.W. LYALL & COMPANY, INC. DOES NOT GUARANTEE IN ANY WAY THE RESULTS OF ANY TRANSACTION FOR WHICH THE R.W. LYALL WEBSITE WAS UTILIZED. IN ADDITION, R.W. LYALL & COMPANY, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. R.W. LYALL & COMPANY, INC. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE.
Although R.W. Lyall & Company, Inc. believes that use of the information available from its Website will facilitate your business transactions with the company, R.W. Lyall & Company, Inc. makes no representation or warranty that such information complies with applicable federal and state laws and regulations. Any and all information available from this Website is subject to change or modification at any time at the sole discretion of R.W. Lyall & Company, Inc.
PRICE AND AVAILABILITY
Any and all pricing information listed on this Website is subject to change or modification at any time at the sole discretion of R.W. Lyall & Company, Inc. Certain items listed may be discontinued or may be unavailable in some areas. In addition, some items are not kept in stock for immediate delivery.
LIMITATION OF LIABILITY
As a condition of user registration on the Website, and in consideration of the goods and services provided by R.W. Lyall & Company, Inc., users agree that neither R.W. Lyall & Company, Inc., nor any officer, affiliate, director, shareholder, agent or employee of R.W. Lyall & Company, Inc. will be liable to any user or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with:
- The use of the Website by the user, including but not limited to damages resulting from or arising from user's reliance on the Website, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, missed deliveries, transmissions, eavesdropping by third parties, or any failure of performance of the Website;
- The termination of user registration by R.W. Lyall & Company, Inc. pursuant to the terms and conditions;
- The failure, or alleged failure, of any product purchased or transferred pursuant to the Website to conform to any specifications or terms, whether published on the Website or not;
- The breach, or alleged breach, of any warranty, express or implied, relating to any such product or shipment; or
- Government restriction, strikes, war, any natural disaster or any other condition beyond R.W. Lyall & Company, Inc.'s reasonable control. The limitations set forth in this section do not apply to the gross negligence or willful misconduct of R.W. Lyall & Company, Inc. and its affiliates (excluding Website users), subcontractors, employees, and agents, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.
WEBSITE MODIFICATION
These terms and conditions may be modified by R.W. Lyall & Company, Inc. at any time. The effective date of such modifications will be the date the revisions are so posted on the Website. Without limiting the generality or effect of the foregoing, we may also change the Website or add, delete or modify some or all of our services at any time at our sole discretion. By accessing and using this Website, you agree to become and remain familiar with the terms and conditions that govern its use, as they may exist from time to time. Your failure to understand the terms and conditions that apply to your use of the Website will not relieve you of your obligations under those terms and conditions.
WEBSITE DOWNTIME
R.W. Lyall & Company, Inc. reserves the right to make the Website unavailable from time to time for any reason and at any time without prior notice. In no event will R.W. Lyall & Company, Inc. be liable to any party for any loss, cost or damage that results from any period of down time occurring at the R.W. Lyall Website.
APPLICABLE LAW
This Website is created and controlled by R.W. Lyall & Company, Inc. in the State of California, USA. As such, the laws of the State of California will govern these notices, disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.
Users agree to comply with any applicable local, state, federal and international laws, statutes, rules and regulations relating to the Website.
NO WAIVER
R.W. Lyall & Company, Inc.'s failure to exercise or enforce any of its rights will not constitute a waiver of such right.
ENTIRE AGREEMENT
The terms and conditions posted on this Website set forth the entire agreement between R.W. Lyall & Company, Inc. and any of its users, and they supersede and control any prior or contemporaneous oral, written or electronic communications and proposals. No modification of these terms and conditions may be enforced against R.W. Lyall & Company, Inc. unless such modification is set forth in a writing signed by an officer at R.W. Lyall & Company, Inc.
SEVERABILITY
If a court of competent jurisdiction invalidates any of these terms, the remaining terms shall remain in full force and effect.
NOTICES
Any notice required to be delivered under these terms and conditions shall be delivered via e-mail. For notices to the registered user, the e-mail shall be directed to the e-mail address in the most current registration information.
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