Website Terms, Conditions of Use & Privacy Policy

Last Modified: 12/8/2022

Quick Link: Privacy Policy

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Lucas Motorworks, Welding & Fabrication, LLC (“LucasMWF”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of LucasMWF’s Website (“Website”), including any content, functionality, and services offered on or through Website, whether as a registered user or guest.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use (including LucasMWF’s Privacy Policy). If you do not want to agree to these Terms of Use, you must not access or use the Website.

Changes to the Website and Terms of Use

LucasMWF may revise and update its Website and Terms of Use from time to time, in its sole discretion. All changes are effective immediately when LucasMWF posts them and apply to all access to and use of the Website thereafter. LucasMWF may update the content on Website from time to time, but its content is not necessarily complete or up to date. Any of the material on Website may be out of date at any given time, and LucasMWF is under no obligation to update such material.

Your continued use of the Website following the posting of such revisions means that you accept and agree to the changes. You are expected to check this page, so you are aware of any changes as they are binding on you.

Accessing the Website and Account Security

LucasMWF reserves the right to withdraw or amend this Website, and any service or material provided on the Website, in its sole discretion without notice. LucasMWF will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, LucasMWF may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  1. Making all arrangements necessary for you to have access to the Website.
  2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify LucasMWF immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

LucasMWF has the right to disable any username, password, or other identifier, whether chosen by you or provided by LucasMWF, at any time in its sole discretion for any or no reason, including if, in LucasMWF’s opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by LucasMWF, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Website, except as follows:

  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
  3. You may print or download one copy of a reasonable number of pages of Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  4. If LucasMWF provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  5. If LucasMWF provides social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  1. Modify copies of any materials from this site.
  2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of Website or any services or materials available through Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Website in breach of the Terms of Use, your right to use Website will stop immediately and you must, at LucasMWF’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to Website or any content on Website is transferred to you, and all rights not expressly granted are reserved by LucasMWF. Any use of Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

LucasMWF’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of LucasMWF or its affiliates or licensors. You must not use such marks without the prior written permission of LucasMWF. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use Website:

  1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
  4. To transmit, or procure the sending of, any advertising or promotional material without LucasMWF’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  5. To impersonate or attempt to impersonate LucasMWF, a LucasMWF employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Website, or which, as determined by us, may harm LucasMWF, the Website, or users of Website, or expose them to liability.

Additionally, you agree not to:

  1. Use Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of Website, including their ability to engage in real-time activities through Website.
  2. Use any robot, spider, or other automatic device, process, or means to access Website for any purpose, including monitoring or copying any of the material on Website.
  3. Use any manual process to monitor or copy any of the material on Website, or for any other purpose not expressly authorized in these Terms of Use, without LucasMWF’s prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of Website.
  5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Website, the server on which Website is stored, or any server, computer, or database connected to Website.
  7. Attack Website via a denial-of-service attack or a distributed denial-of-service attack.
  8. Otherwise attempt to interfere with the proper working of Website.

Reliance on Information Posted

The information presented on or through Website is made available solely for general information purposes. LucasMWF does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. LucasMWF disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Website, or by anyone who may be informed of any of its contents.

LucasMWF may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by LucasMWF, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of LucasMWF. LucasMWF is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Linking to the Website and Social Media Features

You may link to LucasMWF’s homepage, provided you do so in a way that is fair and legal and does not damage LucasMWF’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on LucasMWF’s part without LucasMWF’s express written consent.

Website may provide certain social media features that enable you to:

  1. Link from your own or certain third-party websites to certain content on Website.
  2. Send emails or other communications with certain content, or links to certain content, on Website.
  3. Cause limited portions of content on Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by Website, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  1. Establish a link from any website that is not owned by you.
  2. Cause Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  3. Link to any part of Website other than the homepage.
  4. Otherwise take any action with respect to the materials on Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.

You agree to cooperate with LucasMWF in causing any unauthorized framing or linking immediately to stop. LucasMWF reserves the right to withdraw linking permission without notice.

LucasMWF may disable all or any social media features and any links at any time without notice in its discretion.

Links from the Website

If Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. LucasMWF has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that LucasMWF cannot and does not guarantee or warrant that files available for downloading from the internet or Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW LUCASMWF WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH WEBSITE IS AT YOUR OWN RISK. WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LUCASMWF NOR ANY PERSON ASSOCIATED WITH LUCASMWF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LUCASMWF NOR ANYONE ASSOCIATED WITH LUCASMWF REPRESENTS OR WARRANTS THAT WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, LUCASMWF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LUCASMWF, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, NOR DOES IT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON LUCASMWF’S PART.

Geographic Restrictions

The owner of Website is based in the State of Tennessee in the United States. LucasMWF provides this Website is for use only by persons located in the United States. LucasMWF makes no claims that Website or any of its content is accessible or appropriate outside of the United States. Access to Website may not be legal by certain persons or in certain countries. If you access Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law and Jurisdiction

All matters relating to Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the State of Tennessee or the federal courts located therein, although LucasMWF retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by LucasMWF of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LucasMWF to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Privacy Policy

LucasMWF respects your privacy.

This policy describes the types of information LucasMWF may collect or that you may provide when you visit Website and LucasMWF practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information LucasMWF collects:

  1. On Website.
  2. In email, text, and other electronic messages between you and Website.

It does not apply to information collected by:

  1. LucasMWF offline or through any other means, including on any other website operated by LucasMWF or any third party; or
  2. Any third party, including through any application or content (including advertising) who may link to or be accessible from or through Website.

Information Collected About You and How it is Collected

LucasMWF collects several types of information from and about users of Website, including information:

  1. By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
  2. That is about you but individually does not identify you, such as the name of the domain from which you access the Internet, the date and time you access Website, the Internet address of the Website from which you linked directly to Website, the page or files you are accessing; and/or
  3. About your internet connection, the equipment you use to access Website, and usage details.

LucasMWF collects this information:

  1. Directly from you when you provide it to LucasMWF by registering on the Website, subscribing to the newsletter, register for the services, reporting a problem the Website, or fill out a form.
  2. Automatically as you navigate through the site, such as the name of the domain from which you access the Internet, the date and time you access Website, the Internet address of the Web site from which you linked directly to Website, the page or files you are accessing.

LucasMWF uses cookies to improve your experience on Website. Disabling cookies may impact your experience on Website.

  1. Essential cookies: These cookies provide you with LucasMWF’s online presence, such as access to secure areas that require registration. Users cannot refuse them without impacting functionality.
  2. Functional cookies: These cookies allow you to browse or benefit from some of its features, such as setting language preferences or caching cookies to improve website performance. If disabled, Website functionality is impacted.
  3. Analytics cookies: These cookies allow LucasMWF and LucasMWF’s third-party analytics providers to collect statistics on the use of LucasMWF’s service offerings and Website, primarily to analyze browsing traffic patterns, allowing LucasMWF to identify problems and enable a better user experience.
  4. Advertising cookies: These cookies and other technologies, administered primarily by LucasMWF’s third-party advertising partners, track your online activities over time and use this information to show you ads that are tailored to your individual interests or characteristics and/or based on prior visits to certain sites or apps, or other information LucasMWF or they know, infer, or have collected from the users. These are largely used to help identify the efficacy of their online advertising spend.

How LucasMWF Uses Your Information

LucasMWF uses information that LucasMWF collects about you or that you provide to LucasMWF, including any personal information:

  1. To present Website and its contents to you.
  2. To provide you with information, products, or services that you request from LucasMWF.
  3. To fulfill any other purpose for which you provide it.
  4. To personalize your experience (your information helps LucasMWF to better respond to your individual needs).
  5. To improve Website (LucasMWF continually strives to improve Website offerings based on the information and feedback received from you).
  6. To improve customer service (your information helps LucasMWF to more effectively respond to your customer service requests and support needs).
  7. To send periodic emails, e-newsletters, or other information.
  8. To respond to inquiries, requests, or other questions.

Disclosure of Your Information

LucasMWF may disclose aggregated information about our users (i.e., information that does not identify any individual), without restriction. However, LucasMWF does not sell, trade, or otherwise transfer to outside parties any such information. This does not include trusted third parties who assist LucasMWF in operating Website, conducting business, or servicing you, who have agreed to keep this information confidential.

LucasMWF may disclose personal information that LucasMWF collects or you provide as described in this privacy policy:

  1. To LucasMWF’s subsidiaries and affiliates.
  2. To contractors, service providers, and other third parties LucasMWF uses to support its business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which LucasMWF discloses it to them.
  3. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Lucas Motorworks, Welding & Fabrication, LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Lucas Motorworks, Welding & Fabrication, LLC about Website users is among the assets transferred.
  4. To fulfill the purpose for which you provide it.
  5. For any other purpose disclosed by LucasMWF when you provide the information.
  6. With your consent.

LucasMWF may also disclose your personal information:

  1. To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  2. To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
  3. If LucasMWF believes disclosure is necessary or appropriate to protect the rights, property, or safety of Lucas Motorworks, Welding & Fabrication, LLC, its customers, or others.

Protected Information

LucasMWF offers the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into LucasMWF’s database to be only accessed by those authorized with special access rights to LucasMWF systems and are required to keep the information confidential.

Contact Information

This website is operated by Lucas Motorworks, Welding & Fabrication, LLC.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:

Michael Lucas
Owner
michael@lucas-motorworks.com

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