Terms of Use

LAMON LUTHER TERMS & CONDITIONS

State of Grain, LLC dba Lamon Luther and/or its affiliates (“LAMON LUTHER”) offers this website and all information, software, products and services available from this website or offered as a part of or in conjunction with this website (collectively, the “Website”) to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices set forth below, including the separately posted Privacy Statement (collectively, the “Terms and Conditions”). YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS.

CHANGES

Lamon Luther reserves the right to make changes to any or all of the Terms and Conditions or to add new terms and conditions effective immediately upon notice, which may be given by any means, including by posting the changed or new Terms and Conditions on the Website. It is your responsibility to review the Terms and Conditions from time to time to make sure you are aware of any changes. BY CONTINUING TO USE THE WEBSITE AFTER THE DATE OF ANY CHANGE, YOU ARE AGREEING TO SUCH CHANGE MADE BY Lamon Luther

Lamon Luther reserves the right to modify the information contained in the Website without notice, and makes no commitment to update the information contained in the Website.

LINKS TO THIRD PARTY WEBSITES

The Website may contain hyperlinks to other websites. Such links are meant solely for your convenience and are accessed at your own risk. Lamon Luther has no control over, and is not responsible for the content found on, external websites. Links to such third party websites, including links to Lamon Luther affiliates, partners, dealers, distributors and related entities, do not constitute sponsorship, endorsement or approval of such websites or the contents thereof.

ELECTRONIC COMMUNICATIONS

When you visit the website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

PRIVACY

For information concerning Lamon Luther privacy policy, please read its Privacy Policy.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Lamon Luther and its affiliates, directors, officers, employees and agents from and against any and all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs) arising out of or relating to your breach of the Terms and Conditions or your access to or use of the Website.

Jurisdiction/Governing Law

Seller is headquartered in the State of Georgia, United States of America. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of Georgia (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect. Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the State of Georgia and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Georgia in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.

TERMINATION

Lamon Luther reserves the right to terminate at any time without notice: (i) your use of all or any portion of the Website, (ii) all or any portion of the Website, or (iii) all or any portion of the Terms and Conditions. The disclaimers, indemnities and limitations of liability in the Terms and Conditions shall survive termination of any of the foregoing.

NO WARRANTIES

THE INFORMATION CONTAINED ON THE WEBSITE IS PROVIDED WITHOUT ANY WARRANTIES OR REPRESENTATIONS AS TO ACCURACY, COMPLETENESS OR TIMELINESS. ELDER CLOTHING CO. INC. DOES NOT WARRANT THAT THE WEBSITE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT YOUR USE OF MATERIALS OR IMAGES DISPLAYED ON THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES UNRELATED TO ELDER CLOTHING CO. INC. ELDER CLOTHING CO. INC DOES NOT WARRANT THAT THE WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM ELDER CLOTHING CO. INC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. USE THE WEBSITE AT YOUR OWN RISK. ALL PRODUCTS SOLD BY Lamon Luther ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS AS SET FORTH IN THE GENERAL TERMS AND CONDITIONS OF SALE FOR THOSE PRODUCTS AND SERVICES. EXCEPT AS EXPRESSLY STATED THEREIN, ELDER CLOTHING CO. INC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, ONLY THE EXCLUSIONS LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL Lamon Luther OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA. ELDER CLOTHING CO. INC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR OPERATION OF THE WEBSITE. ELDER CLOTHING CO. INC ALSO ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY FILES, IMAGES, TEXT OR OTHER MATERIALS FROM THE WEBSITE. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF ELDER CLOTHING CO. INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN LOSSES OR DAMAGES; THEREFORE, ONLY THE EXCLUSIONS OR LIMITATIONS LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND THE LIABILITY OF ELDER CLOTHING CO. INC WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that we have published an image or text that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide us with written notice containing the following information:

1. your name, address, telephone number, facsimile number and e-mail address;
2. the name and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
3. a description of the copyrighted work or other intellectual property that you claim has been infringed;
4. a description of the image or text you claim is infringing;
5. the exact permanent URL for the page or a description of where the image or text that you claim is infringing is located on the Website;
6. evidence and information establishing or supporting ownership of a copyright or intellectual property right which is being infringed upon;
7. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
8. a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

Notices of claims of copyright or other intellectual property infringement should be directed to:

WEB MANAGER
Lamon Luther

SEVERABILITY; NO WAIVER

If any provision of the Terms and Conditions is held unenforceable or invalid, such provision will be removed without affecting any other provision and the remaining provisions will continue to be valid and enforceable and construed in accordance with applicable law as nearly as possible to reflect the original intentions of Lamon Luther.  Failure by Lamon Luther to enforce any provision of the Terms and Conditions shall not be construed as a waiver of any provision or right.

ENTIRE AGREEMENT

The Terms and Conditions constitute the entire agreement and understanding between you and Lamon Luther with respect to use of the Website, superseding all prior or contemporaneous agreements, communications and/or proposals.