LMNtal, Inc. (“LMNtal,” “we,” or “us”) owns and operates the website located at www.LMNtal.com and may have previously, now or in the future own and/or operate a “LMNtal” mobile application (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by LMNtal, and any affiliated website, software or application owned or operated by LMNtal (collectively, including the Platform and the Content, the “Service”) are governed by these Terms and Conditions (“Terms and Conditions” or “Agreement”).

We hope you enjoy using the Platform. Because of the unique and exciting nature of the Internet and our desire to provide you with a great experience, we need to point out to you some legal rules of the road as they apply to your visit here and use of the Platform. We hope all of this is clear, but if you have any questions after reading this, please feel free to contact us at legal@lmntal.com. In addition to the lower case words "we" "us" and "our" defined above, you will notice that we capitalize certain words in these terms and conditions even though the rules of grammar do not require that they be capitalized. We do this because these words have specific meanings in these terms and conditions. These specific meanings are found where the capitalized words are placed in bold text inside parentheses and quotation marks.

Agreement with Our Terms and Conditions

By using the Platform, you agree to accept these terms and conditions, so please be sure to read them carefully. If you do not agree with them, please do not use the Platform. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms and conditions at any time. Please check this page periodically for changes.

PLEASE BE ADVISED THAT TO THE EXTENT THAT LMNTAL PROVIDES ANY CONTENT FROM THIRD PARTIES, SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND LMNTAL CANNOT AND DOES NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF THE ITEMS LISTED.

LMNtal reserves the right to limit quantities on any order.

User Information

In the course of using the Platform, you may provide or we may collect information about you. We are committed to protecting the privacy of our customers' information and explain our policies with respect to the use and disclosure of such information in our Privacy Policy, which are incorporated into these terms and conditions.

You can create a user account on the Platform that allows you to access and use certain of its functions and features. You acknowledge and agree that the user identification chosen by you for access and utilization of the Platform ("Username"), and the password selected by and used by you in conjunction with the respective Username ("Password") are to be kept secure, secret and confidential. We are authorized to accept such Username and Password as conclusive evidence that you have accessed or utilized the Platform.

Accessibility

We are committed to making the LMNtal shopping experience available to all our customers, including those with disabilities, and have designed this Platform with accessibility in mind. You can help. If you notice any content, feature or functionality of the Platform that you believe is not accessible to people with disabilities, please email us at legal@lmntal.com with the words "Disabled Access" in the subject line and provide a description of the specific feature you feel is not accessible or a suggestion for improvement. We cannot promise that we will make the changes you suggest, but we can assure you that we take your input seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.

Restrictions on the Use of the Materials in our Platform

The Platform and all of its content (subject to the section below entitled "Materials Submitted to Us") are copyrighted materials, protected by U.S. and international copyright laws. The compilation of content on our Platform is the exclusive property of LMNtal and may not be used for any purpose other than browsing, shopping, and using the services and information provided for your own private use.

The name LMNtal and the designs and logos associated with LMNtal are trademarks and service marks of LMNtal.

These trademarks and service marks may not be used by any party other than LMNtal and its affiliated companies without express written consent.

Also, to the extent that we include certain trademarks owned by other parties in our Platform, these trademarks are property of their respective owners.

You agree not to copy, reproduce, or modify any portion of the Platform. This restriction includes copying, reproducing, or modifying any names, trademarks and logos which LMNtal owns or has the right to use.

Material can be downloaded onto one computer for personal, non-commercial use only, provided copyright, trademark, or other proprietary notices are not changed or deleted. Any modification of the materials on our Platform or use of them for any other purpose will violate our intellectual property rights (and probably the intellectual property rights of some other parties).

Everything you download--the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, remains our property. That means that we retain full and complete title to the software and to all of the associated intellectual property rights. You cannot redistribute or sell the material – or reverse-engineer, disassemble, or otherwise convert it to any other form.

Be aware that sometimes we provide access from our Platform to other websites that are not under our control. We don't endorse or approve any products or information offered at sites you reach through our Platform. These links may include the use of so-called "share links" or similar feature. A "share link" feature is a button and/or text link appearing on our Platform that enables the launch of a sharing mechanism whereby you can post links to, and content from, the Platform onto social networking websites such as Facebook. Please be aware that the terms of use of such other websites govern your use of those sites, including your use of share links or other posting of our content on those websites. As a result, you are fully responsible for your own use of such websites including your use of share links to link our Platform and/or post its content.

Materials Submitted to Us

We welcome any comments you may have regarding our stores, the Platform, merchandise, and services. Except for content submitted by you through User Generated Content, which is discussed in more detail below, any comments you submit to us through the Platform, such as remarks, suggestions, ideas, graphics, or other information becomes and remains our exclusive property, even if this agreement is later terminated. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not pay you or anyone else for any information that you provide which is used by us.

Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright. LMNtal takes no responsibility and assumes no liability for any submissions you make.

  • User Generated Content We may from time to time request your permission to use photos or other information posted on social media channels ("User Generated Content", or "UGC" for short). The UGC is governed by these terms and conditions and also by this section. Please read this section carefully as some of its language is necessarily dense and legalistic. We will try to explain these portions in plain-English as best we can. UGC is accessible by the public. IT IS IMPORTANT TO REMEMBER THAT UGC AND OTHER MATERIALS SUBMITTED BY YOU MAY BE RECORDED AND STORED IN MULTIPLE PLACES, BOTH ON OUR PLATFORM AND ELSEWHERE ON THE INTERNET AND ARE LIKELY TO BE ACCESSIBLE FOR A LONG TIME. You have no control over who will eventually see such materials. Be careful and selective about the personal information that you disclose about yourself and others and do not disclose sensitive, proprietary or confidential information.
  • Content Ownership As between you and LMNtal, you are and will remain the owner of the UGC, and you represent, warrant and covenant to us that you own all right, title and interest, including copyright, in and to the UGC you submit or post to the Platform and such UGC is truthful and accurate and shall not breach, infringe, contravene, detrimentally affect any other party's rights whatsoever, including intellectual property rights and that no other party has any rights to it including so-called "moral rights." In other words, you promise that no other company or person will claim that you stole or are inappropriately using the UGC.
  • Our Right to Use the Content. Although, as we explain above, you retain ownership of the UGC, by submitting, posting or displaying UGC you are automatically granting, and hereby do grant to LMNtal, a perpetual, worldwide, non-exclusive, fully paid-up, fully transferable license to use (including copy, display, perform, publish, modify, adapt and translate) such UGC in all forms and media (the "License"). This means that our right to possess, use and display the Content anywhere and through any means will never expire, that we will never owe you any money for it and that we may allow others to use or possess the Content. We will do our best to make sure any company or person that we might give the UGC to follows the same rules and procedures we do.
  • Right to Monitor and Editorial Control. You acknowledge and agree that LMNtal does not and cannot review all Content submitted or posted to the Platform and that you and/or others who post content or UGC are responsible for such content. Notwithstanding the foregoing, LMNtal reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Platform or through the Platform’s services or features by users. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions, LMNtal’s policies or applicable law.
  • Copyright Agent; Repeat Infringers. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under US copyright law. If you believe that materials we host on or through the Platform infringe upon your copyright rights, you may request that the material be removed, or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. LMNtal maintains a policy that provides for the termination in appropriate circumstances of Platform use privileges of users who are repeat infringers of intellectual property rights. Please be aware that there can be substantial penalties for false claims. Notices and counter-notices for the Platform should be sent to:

Via electronic mail at:

Via regular mail at:

legal@lmntal.com

  • LMNtal Inc.
  • Attn: Legal
  • 1771 Post Road East, Suite 14
  • Westport, CT 06883
  • Content not Confidential You agree that any Content or UGC you submit or post onto the Platform shall not be treated as confidential and LMNtal shall have no obligation or duty to keep such Content confidential.

Prohibited Conduct

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying our Platform will not be permitted. You agree to use our Platform only for lawful purposes. You are prohibited from posting on or transmitting through the Platform any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In addition, you shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Platform or LMNtal. You alone are responsible for the content and consequences of any of your activities. You are solely responsible and liable for the UGC you submit or post, or that is submitted or posted under your Username and Password.

Treatment of Sales Tax

We are required by law to charge applicable sales tax on products shipped to those jurisdictions that levy such a tax.

In certain states, we are also required to charge tax on shipping charges.

Disclaimer and Limitation of Liability

What follows applies only to your use of our Platform and does not affect any rights you have under the Uniform Commercial Code, applicable laws addressing product liability or rights you have pursuant to our return policy at LMNtal.com. If for any reason you are not satisfied with a purchase that you make from our Platform, please return it. Please note that for the health and safety of our customers, certain items are not returnable due to the nature of such products, as set forth in our Return Policy. The following, though, is important information about your use of this Platform.

THE PLATFORM CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS PLATFORM. LMNTAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS PLATFORM OR ITS CONTENTS.

THIS PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. LMNTAL THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. WE APOLOGIZE FOR ANY INCONVENIENCE.

Jurisdiction

Unless otherwise specified, the materials in our Platform are presented to provide information about LMNtal, its products offered for sale and to provide related services and information to visitors.

LMNtal’s corporate headquarters are located in Westport, Connecticut, in the United States of America. We in no way imply that the materials on our Platform are appropriate or available for use outside of the United States. If you use our Platform from locations outside of the United States, you are responsible for compliance with any applicable local laws. In addition, you may not use or export the materials in violation of U.S. export laws and regulations.

Additional Points about the Terms and Conditions of this User Agreement

These terms and conditions and the agreement they create, shall be governed by and interpreted according to the laws of the State of New York (without applying the State's conflict-of-law principles). LMNtal reserves the right to bring any civil action in New York, arising from your violation of the terms and conditions of this Agreement.

LMNtal may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.

Texting Terms and Conditions

By providing your mobile number and clicking "I CONSENT", you consent to receive mobile text alerts regarding exclusive offers and promotions from LMNtal. You may receive up to 8 text messages per month.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent above is not a condition of purchase.

By signing up, you are confirming you are over the age of 13.

You understand that we will send mobile text messages using automated technology.

Message and data rates may apply. For more information, contact us at CustomerCare@lmntal.com.