When you visit the Site 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 this site. 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.
INTELLECTUAL PROPERTY RIGHTS
This Site is the only official Site of Lew's and is © Copyright. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Lew's or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Lew's, with copyright authorship for this collection by Lew's, and protected by U.S. and international copyright laws. Commercial reproduction, distribution or transmission of any part or parts of this website or any information contained therein by any means whatsoever without the prior written permission of Lew's is not permitted.
Lew's designs and logos are registered trademarks, trademarks, trade dress or service marks owned exclusively by Lew's in the United States and other jurisdictions. All other marks referenced herein may be the property of Lew's or other respective owners. Lew's trademarks and trade dress may not be used in connection with any product or service that is not Lew's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lew's. All other trademarks not owned by Lew's or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lew's or its subsidiaries.
YOUR USE OF THE SITE
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Lew's reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Lew's server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Lew's, including any Lew's account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Lew's systems or networks, or any systems or networks connected to the Site or to Lew's.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Lew's on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
SUBMISSION OF UNSOLICITED MATERIALS
Lew's policy prohibits Lew's or its employees from accepting or considering any unsolicited ideas, proposals, suggestions or materials of any nature whatsoever (“Unsolicited Materials”). Accordingly, you may not use this Site or any information obtained from the Site to submit Unsolicited Materials to Lew's or anyone affiliated with Lew's via email, fax, postal mail or any other means. We have adopted this policy to avoid potential misunderstandings or disputes when new products, services and features developed internally by Lew's personnel may appear to be similar to Unsolicited Materials submitted to Lew's.
As stated above, we ask that you do not send us Unsolicited Materials. By ignoring our policy and submitting or posting Unsolicited Materials, including without limitation, text, photos, video, sound recordings, artwork, designs, software, data or any other materials, you are giving us permission, in perpetuity, on a no-charge, royalty-free basis to use the Unsolicited Materials in connection with lews.com or any of Lew's advertisements and promotions, and for any other purpose for which Lew's chooses to use the Unsolicited Materials.
PURCHASES / OTHER TERMS AND CONDITIONS
Lew's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Lew's may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Lew's makes no commitment to update the materials on the Site with respect to such products and services.
You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. Areas of this website within the proprietary online service offered by Lew's may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace the terms of this Agreement regarding any use of this website, unless otherwise expressly stated.
YOUR REPRESENTATIONS AND LICENSE TO ACCESS AND USE THE SITE
AVAILABILITY OF SERVICES
The availability of the content on the Services, including the Subscription Products, may be affected by a variety of factors, including event delays or cancellations, technical problems or network delays, program rescheduling, or other reasons. You agree that we are not obligated to provide you with any specific content under this Agreement.
ACCESS TO THE SERVICES
In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and must pay any service fees associated with such access. Not all of the features available through the Services, including certain live streaming audio, video or access to high-quality video, will be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Services. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that your computer no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services.
In addition, access to certain of the Subscription Products is limited to residents of certain geographical territories, and can be modified at Lew's discretion.
REGISTRATION, USERNAME, PASSWORD, SECURITY
In accessing this website or certain of the resources on the website, you may be asked to provide registration details, including but not limited to, a valid e-mail address, date of birth and your full name. We will not grant any user access to any registration-required portions of the Services unless he or she has completed the necessary registration and paid the fees, if any, associated with access to such portion of the Services. It is a condition of use of this website that all the details you provide will be correct, current, and complete. If Lew's believes the details are not correct, current, or complete, we have the right to refuse you access to the website or any of its resources.
Your User Identity
Your username and password will be your identity for purposes of interacting with the Services and other users through the Services. In order to access the Subscription Products, you will be asked to provide your username and password.
Username, Passwords, and Password Access
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You further represent and warrant that the information you provide in creating an account with Lew's and using its services is true and accurate and that you are the sole person accessing the account with your user information. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for the Services. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Services. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
Security Breaches and Revision
If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify us by email at firstname.lastname@example.org. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access. Lew's may immediately terminate your account if any activity suggests your account has been compromised or shared with others or if you have breached any of your obligations under this Agreement. If you believe your account has been terminated in error, you may submit a request to Lew's to have your account termination reviewed. If Lew's determines in its sole discretion the termination was in error, your account will be re-activated, which shall be your sole and exclusive remedy. Notwithstanding the foregoing, although Lew's will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Lew's or others due to such unauthorized use.
YOUR CONTENT AND CONDUCT
As a lews.com account holder you may submit Content to the Service, including but not limited to, user comments. You understand that Lew's does not guarantee any confidentiality with respect to any Content you submit. lews.com account holders may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Lew's reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Lew's and its parents, subsidiaries, associates, and/or affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Lew's and its parents, subsidiaries, associates, affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Lew's its parents, subsidiaries, associates, affiliates and/or sublicensees for all claims resulting from content you supply. Lew's has the right but not the obligation to monitor and edit or remove any activity or content. Lew's takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHTS AND TRADEMARKS
This website and all materials incorporated on this website (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Some of the logos or other images incorporated by Lew's on this website are also protected as registered or unregistered trademarks, trade names and/or service marks (“Trademarks”) owned by Lew's. All other trademarks are the property of their respective owners. Use of the Trademarks of Lew's or of any other party is not authorized in any manner other than as incorporated into this website. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL, IN WHOLE OR IN PART, IS EXPRESSLY PROHIBITED. Any unauthorized use may subject the offender to civil liability and criminal prosecution under applicable federal and state law.
If you believe that any content appearing on this website has been copied in a way that constitutes copyright infringement under the laws of the U.S, please forward the following information to the
Copyright Agent named below:
- Your name, address, telephone number, and email address
- A description of the copyrighted work that you claim has been infringed
- The exact URL or a description of where the alleged infringing material is located
- A 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
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- 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
Attn: Legal Department
466 Washington St.
Collierville, TN 38017
Fax: (901) 853-7606
Please note that while Lew's seeks to preserve any and all exemptions from liability that may be available under the copyright law, this is not a stipulation that lews.com is a service provider as defined in 17 U.S.C § 512(c) or elsewhere in the law.
SPECIAL TERMS AND CONDITIONS APPLICABLE TO SUBSCRIPTION PRODUCTS, ONLINE PAY PER VIEW, AND OTHER SERVICES/PRODUCTS OFFERED FOR PURCHASE THROUGH THE SITE
We reserve the right to modify the price of any Subscription Product, online Pay Per View, and/or any other services/products offered for purchase through the Site. We are not responsible for any error in copy or images relating to any Subscription Product or any other services/ products offered for purchase through the Site.
Billing and Automatic Renewal Policies for Certain Subscription Services or Monthly Subscriptions, the term begins when you purchase and ends at the product’s pre-determined cycle. To cancel your monthly subscription or the annual automatic renewal feature, send an e-mail to email@example.com cancellation will become effective as of the next monthly billing cycle following receipt.
Lew's reserves the right to block access to any online Pay Per View event to any regions or territories at Lew's discretion and for any reason.
In order to provide the highest customer satisfaction possible, we will refund the purchase price paid for any Subscription Product, as follows:
If you have purchased anything other than a Pay-Per-View Product and:
- Your access to such Subscription Product is cancelled by you within five (5) days of the purchase date, we will make a reasonable effort to refund to the credit card you used to subscribe to such Subscription Product an amount equal to the total amount you paid for access to the Subscription Products in the current term of your subscription less the amount of a Weekly Pass for such Subscription Product. If your access to such Subscription Product is cancelled by you after five (5) days of the purchase date, you will not be eligible for a refund.
- If you have purchased a Subscription to any Subscription Product you will not be entitled to any refund if your access to the Subscription Product is terminated.
- Our reasonable effort to provide you with a refund, as described above, will be your exclusive remedy if you or we terminate your access to the Services, including in the event that you claim we breached our obligations to you.
By accepting this Agreement, you agree that we may notify you about changes to prices and/or the Subscription Products by sending an e-mail message to your e-mail address on file with us and by publishing such notices from time to time on the informational page(s) of the Site. It is your responsibility to notify us of any change in your e-mail address by logging in to the Site and using the online account management tool. If your e-mail service includes functionality or software that catalogues your e-mails in an automated manner, it is your responsibility to ensure that those e-mails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list.
DEACTIVATION/TERMINATION OF YOUR REGISTRATION
You may deactivate your registration on the website, at any time and for any reason, by sending an email request to firstname.lastname@example.org. We may terminate your use of and registration on the website, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
ACCOUNT TERMINATION POLICY
GENERAL USE OF THE SERVICE – PERMISSION AND RESTRICTIONS
- You agree not to distribute in any medium any part of the Service or the Content without Lew's prior written authorization.
- You agree not to alter or modify any part of the Service.
- You agree not to access Content through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means Lew's may designate.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Lew's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Lew's reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content
- In your use of the Service, you will comply with all applicable laws.
- Lew's reserves the right to discontinue any aspect of the Service at any time.
You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limited the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, Lew's, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. Lew's makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. Lew's does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and Lew's will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Lew's DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Lew's CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Lew's DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Lew's DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Lew's SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Lew's FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The above disclaimer applies to any damages, liability, claims or injuries, whether for breach of contract, tort, negligence or any other cause of action, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, as well as theft, destruction of, unauthorized access to, alteration of, or use of your personal information.
Lew's reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
You agree that your sole remedy for any claim, loss, or liability arising from the use of the Services or Site is the Refund Policy stated herein. You further agree that in no event shall Lew's, its officers, directors, employees, or agents, will be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Lew's shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Service is controlled and offered by Lew's from its facilities in the United States of America. Lew's makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
SUBMISSIONS AND POSTINGS
Lew's does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, merchandise, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by Lew's staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send Lew's any unsolicited submissions.
ASSIGNMENT, APPLICABLE LAW AND JURISDICTIONAL MATTER
YOU AND Lew's AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
To the extent that use of the website provides you or other users an opportunity to post and exchange information, content, ideas and opinions (“Postings”), be advised that Lew's does not screen, edit, or review Postings prior to their appearance on the website or elsewhere, and Postings do not necessarily reflect the views of Lew's. To the fullest extent permitted by applicable laws, Lew's excludes all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the website or elsewhere. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material, content and information they contain and that such Postings shall not infringe any proprietary right, intellectual property right or other rights of third parties.
In any event, no material you send to us will be treated as confidential.