TERMS OF USE AND PRIVACY POLICY

PLEASE READ THESE TERMS OF USE AND PRIVACY POLICY CAREFULLY. These Terms of Use and Privacy Policy describe the rules for visitors (“you” or “your”) of us.lyon-beton.com (the “Site”). The Site may be used only for informational and online shopping purposes. By using the Site, you agree to abide by the Terms of Use (“Terms of Use”) and Privacy Policy (“Privacy Policy”) set forth below. If you do not agree to abide by the Terms of Use and the Privacy Policy, do not use the Site in any manner. These Terms of Use and Privacy Policy apply to residents of the United States.

TERMS OF USE

The Site is owned and operated by Pearlink International SARL, dba Lyon Béton (“Lyon Béton”). It is your responsibility to check these Terms of Use periodically for changes. As long as you comply with these Terms of Use, Lyon Béton grants you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Site. By using the Site, you represent and warrant that you accept these Terms of Use and any future version of the Terms of Use. These Terms of Use were last updated on June 20, 2017. The Terms of Use apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with Lyon Béton or its parents, subsidiaries or affiliates regarding topics other than the use of the Site including, but not limited to, the purchase of Lyon Béton products from the Site.

Please read the Privacy Policy to understand the privacy rules about your use of the Site. Except as written in any other disclaimers, policies, terms and conditions of sale, statements, or other notices on the Site, the Terms of Use and Privacy Policy are the complete agreement between you and Lyon Béton with respect to your use of the Site.

You may not use the Site for any unlawful or prohibited purpose.

Although accessible by others, the product information on the Site is intended for use by U.S. residents only. The Site may link to other Sites produced by Lyon Béton’s various operating divisions, affiliates, and subsidiaries, some of which are outside the U.S. Those Sites may have information that is appropriate only to the particular originating country or region where the Site is based. You should not construe anything on a linked Site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located.

INTELLECTUAL PROPERTY

All of the content you see and hear on the Site (the “Content”), including, for example, all of the page headers, logos, button icons, images, illustrations, graphics, video clips, text, and data compilations, is protected by international copyright and trademark laws. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution, or storage of part or all of the Content in any form without the prior written permission of Lyon Béton is prohibited except in accordance with the following terms. Lyon Béton consents to you browsing the Site on your computer and printing or downloading the Content, provided that the Content is intended solely for the personal, noncommercial use by the users of our Site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the Content on any network computer or broadcast the content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title, or interest in any content or materials is transferred to you as a result of any such activities. Lyon Béton reserves complete title and full Intellectual Property rights in any content you download, reproduce, print, redistribute or store from the Site. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform, or create derivative works from the content without first obtaining written permission from Lyon Béton. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Lyon Béton so long as the link does not portray Lyon Béton, its products, or services in a false, misleading, derogatory, or otherwise offensive matter. Lyon Béton are is a registered trademark in France. Lyon Béton’s registered and other trademarks may not be used in connection with any product or service that is not Lyon Béton’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lyon Béton.

USER COMMENTS, FEEDBACK, POSTCARDS, AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to the Site or otherwise disclosed, submitted, or offered in connection with your use of the Site (collectively, the “Comments”) shall be and remain Lyon Béton property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Lyon Béton of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Lyon Béton will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Lyon Béton is and shall be under no obligation (1) to maintain any Comments in confidence, (2) to pay to user any compensation for any Comments, or (3) to respond to any user Comments. Lyon Béton has the right to delete any Comments it chooses in its sole discretion. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Comments you make and will indemnify Lyon Béton for all claims resulting from content you supply. Lyon Béton has the right but not the obligation to monitor and edit or remove any activity or content. Lyon Béton takes no responsibility and assumes no liability for any content posted by you or any third party.

USER REPRESENTATIONS

In using the Site, you agree not to: (a) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites; (b) disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Sites; (c) upload, post, or otherwise transmit through or on any Site any viruses or other harmful, disruptive, or destructive files; (d) transmit through or on the Site spam, chain letters, junk mail, or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; or (e) attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.

In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations, including, but not limited to, United States export restrictions, that relate to your use of or activities on the Site.

Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Impersonation of others, including a Lyon Béton or other licensed employee, host, or representative as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive to privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or organization.

INACCURACIES

Lyon Béton endeavor to present the most recent, accurate, and reliable information on the Site at all times. However, there may be occasions when some of the information featured on the Site may contain typographical errors or inaccuracies. Any errors are wholly unintentional and Lyon Béton apologizes if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Lyon Béton reserves the right to amend errors or to update product information at any time without prior notice. In the event that a Lyon Béton product is listed at an incorrect price due to photographical error, typographical error, or error in pricing information from Lyon Béton’s suppliers, Lyon Béton shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Lyon Béton shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Lyon Béton shall issue a credit to your credit card account in the amount of the incorrect price. For further details regarding your purchase(s) on the Site, please read the applicable Terms and Conditions of Sale of Lyon Béton products.

TERM/TERMINATION

These Terms of Use are applicable to you upon your accessing the Site. Lyon Béton may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features and/or products for purchase, at any time. Lyon Béton may remove, modify or otherwise change any Content, including that of third-parties, on or from the Site. Lyon Béton may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Lyon Béton reserves the right to terminate your authorization to use the Site and to delete one or more of your related accounts immediately at any time if you breach or threaten to breach any of these Terms.

NOTICE

Lyon Béton may deliver notices to you by means of electronic mail, a general notice on the Site, or written communication delivered by first class U.S. mail to your address on record with your us.lyon-beton.com account.

ENFORCEMENT OF TERMS OF USE

By accessing and using the Site, you agree that your access to and use of the Site is subject to these Terms of Use, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of North Carolina, United States of America. You agree that any claim to interpret or enforce the provisions of these Terms of Use shall be brought exclusively within a court of competent jurisdiction, state or federal, in the State of North Carolina.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Lyon Béton, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site.

THIRD PARTY LINKS

In an attempt to provide increased value to the Site’s visitors, Lyon Béton may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with Lyon Béton, Lyon Béton has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Lyon Béton. Lyon Béton has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Lyon Béton seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only the Site, but for sites it links to as well.

DISCLAIMER

THE USE OF THE SITE AND THE CONTENT THEREIN IS PERMITTED FOR PRIVATE, NON-COMMERCIAL USE. THE CONTENT IN THE SITE IS PROVIDED AS A CONVENIENCE TO YOU. LYON BÉTON WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN ITS SITE, BUT MAKES NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES AS TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION CONTAINED ON ANY SITE WHICH ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LYON BÉTON AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT ANY USE OF THE SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED, OR ACCESSED FROM OR THROUGH THE SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF SUCH CONTENT OR DATA.

YOU ACKNOWLEDGE THAT LYON BÉTON DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD-PARTIES THROUGH ANY WEBSITE INCLUDING THE SITE.

LYON BÉTON DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

LYON BÉTON ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, VISITOR, AND/OR YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF LYON BETON, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

Except as otherwise provided under applicable laws and regulations regarding the security of personal data, Lyon Béton disclaims any warranty or representation that confidentiality of information transmitted through the Site will be maintained.

No advice or information, whether oral or written, obtained by you from Lyon Béton or third-parties through the Site shall create any warranty.

Some states do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE, SHALL LYON BÉTON OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTENT PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED ON THE SITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR RESULTING FROM THE PERFORMANCE OF THE PRODUCTS, EVEN IF LYON BETON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

SEVERABILITY

If any part of these Terms of Use and Privacy Policy is illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity, or enforceability of the remainder of these Terms of Use and Privacy Policy will remain in full force and effect.

PRIVACY POLICY

This Privacy Policy sets forth Lyon Béton’s practices regarding the collection and disclosure of information that you may provide through the Site. This Privacy Policy applies to residents of the United States. Please read this information thoroughly before providing any information to Lyon Béton through this Site. The Site’s purpose is to present the Company’s philosophy and products. The Site provides you with the tools to purchase Lyon Béton’s furniture, accessories, and artwork for your home or professional space. By using this Site, you agree to the terms contained in the Privacy Policy below.

HOW LYON BÉTON USES YOUR INFORMATION

Personal Information That You Have Provided. You do not have to submit your personal information to access most of the information available to you on the Site, except while creating or updating an account or at checkout. If you choose to provide such information to us, LYON BÉTON may use this information to follow up with you on specific matters, such as an order placed by you to provide you with information that you may be interested in, to provide you with technical assistance, or to respond to your questions. If you have indicated that you are interested in receiving information about our products, LYON BÉTON and companies operating on its behalf may use your data to send you this information. LYON BÉTON may also need to send you specific administrative notices about your account, and in some cases, LYON BÉTON may need to use the information in order to contact you if required by law.

Cookies. In order to process your order, the Site uses cookies. A cookie is a computer file, stored on the hard disk of your computer, which is used to record each visit of the Site. The cookies record the time spent on the Site by you and the content of your shopping cart. Once you disconnect from the Site, this data is stored for thirty (30) days before being permanently deleted.

You may prevent cookies being saved on the computer by configuring your web browser. In doing so, you will lose any personalized service offered on the Site.

This information may be combined with other identifiable personal information (such as demographic and past purchase information) from the Site’s records and other sources. Lyon Béton may use this combined information for future marketing initiatives and to help Lyon Béton improve the Site presentation and your overall shopping experience. Lyon Béton may disclose specific personal information about you if required by law, governmental request, or court order, if based on Lyon Béton’s good faith belief that it is necessary to conform or comply with such law, request, or court order.

Third Party Sites. The Site contains links to other websites. Lyon Béton is not responsible for the privacy practices or the content of these sites. You will need to check the policy statement of other websites to understand their policies. When you access a linked site, you may be disclosing your private information. It is your responsibility to keep such information private and confidential.

Vendors and Suppliers. Lyon Béton may need to provide your Information to different vendors and suppliers, not visible and/or listed on the Site, or third-party companies that help Lyon Béton with various aspects of the operation of Lyon Béton’s business, including the design and maintenance of website and computer security, the promotion, marketing, sale and distribution of Lyon Béton’s products, and other business-related initiatives. Lyon Béton will not authorize its vendors and suppliers to use your information for any purpose not related to Lyon Béton’s business, and such third parties shall be under strict requirements to protect the privacy of your information consistent with this Privacy Policy.

REMOVE PERSONAL INFORMATION OR CHANGE PREFERENCES

In accordance with the Data Protection Act, you can access your personal data and/or remove previously provided personally identifying information or notify Lyon Béton that you no longer wish to receive newsletters or additional information by contacting us at maxime@lyon-beton.com

NOTICE ABOUT INTERNET SECURITY

Lyon Béton takes precautions to safeguard your information, including the use of electronic security technology. However, please be aware that there is always some risk involved when submitting data over the internet. Lyon Béton cannot guarantee that the information you submit is fully protected against “hackers” or illegal tampering. Please be assured, however, that once your information is submitted to Lyon Béton, it receives the same protections that Lyon Béton extends to its own information.

CHANGES IN OUR PRIVACY POLICY

Lyon Béton will only use personally identifying information in the manner described in the Privacy Policy in effect when the information was collected from you. However, Lyon Béton reserves the right to change the terms of this Privacy Policy at any time by posting revisions to the Site.

This Privacy Policy was last updated on: June 20, 2017.

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