Terms of Use

Welcome to LytronDirect.com (the “Site”), the website of Lytron Incorporated (the “Company”). By using the Site, you agree to be bound by these Terms of Use, the Privacy Policy referenced below, the Terms and Conditions of Sale (to the extent you purchase products through the Site) and any other terms or agreements applicable to the Site (collectively, these “Terms of Use”). For this reason, we encourage you to review these Terms of Use whenever you use the Site. If you do not agree to all Terms of Use, please do not use the Site.

Right to Change the Site and Terms of Use

We reserve the right to modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice, at any time and in our sole discretion. We further reserve the right to modify these Terms of Use, with or without notice, at any time and in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site or any modification of these Terms of Use.

Site Content

Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Content”), are owned, controlled, lawfully used, or licensed by the “Company”.

You may use the Content from Site only for its intended purposes. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site. Other than use for such intended purposes, you agree not to use, reproduce, distribute, modify, copy, download, display, post, transmit, sell or create derivative works from or incorporating any Content made available to you from the Site. You agree not to use any data mining, robots, scraping or similar data gathering methods on the Site. Nothing in these Terms of Use shall be interpreted as granting any ownership rights or any license of intellectual property rights to you.

Personal Information Submitted Through the Site

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Site (the “Privacy Policy”). These Terms of Use incorporates by reference the Privacy Policy in its entirety. Please read the Privacy Policy carefully before submitting any personal information through the Site.

Purchase of Company Products and Services Through the Site

Your purchase of any Company products or services through the Site is governed by our Terms and Conditions of Sale, which can be reached by clicking on the “Terms and Conditions of Sale” link located in the footer section of the Site (the “Terms and Conditions of Sale”). These Terms of Use incorporates by reference the Terms and Conditions of Sale in its entirety. Please read the Terms and Conditions of Sale carefully before purchasing Company products or services through the Site.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including, but not limited to, after you have submitted an order for the purchase of Company products or services).

Links to Other Websites

The Site may contain links to other websites that are not under the control of the Company nor does the Company have any responsibility for the content of the linked websites and linking does not constitute the Company’s endorsement of any linked website. Links are provided solely for the convenience and information of the users of the Site. The Company makes no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk.

Disclaimer

The materials on the Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. The Company shall not be liable for any damages of any kind related to your use of the Site. The Company does not represent or warrant that the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or anything else harmful. To the fullest extent permitted by law, the Company does not make any warranties or representations regarding the use of content available through the Site regarding correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you use the Content at your own risk, and that you will be solely responsible for your use and any damage to any device used to access the Site, including any loss of data or other harm of any kind that may result. The Company reserves the right to change any and all Content and other items used or contained in the Site at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of these Terms of Use. The Company shall not be liable for any direct, special, incidental, indirect or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, the Site. You assume total responsibility for your use of the Site. Your only remedy against the Company for use of the platform or any content is to stop using the Site. That said, if the Company is found to be liable to you for any damage or loss which is in any way connected with your use of the Site, the Company’s liability shall not exceed (U.S.) $100.00. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Choice of Law

These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions. Any dispute arising under these Terms of Use shall be resolved exclusively by the state and/or federal courts located in Boston, Suffolk County, Massachusetts.

*Force and Effect of Terms of Use *

The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of the Company’s right to require strict observance of each of the terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

F7.02.49A 3/6/13