Levin Website Terms of Use

Introduction

Welcome to the website (“Website”) of Levin Enterprises, Inc.,  Levin Richmond Terminal Corporation and Richmond Pacific Railroad Corporation (“Levin,” “we,” “us,” or “our”). By accessing or using our Website, you agree to be bound by these Terms of Use (“Terms”) and all applicable laws and regulations governing the Website. These Terms apply to all visitors, users, and others who access or use the Website. If you disagree with any part of the terms, then you may not access the Website.

Please read these Terms carefully before accessing or using our Website. Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Acceptance of Terms

Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Website.

Changes to Terms

Levin reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, Levin will provide at least 10 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Levin's sole discretion.

By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

Access and Prohibited Use of the Website

By accessing or using the Website, you agree to comply with and be bound by the following terms:

  1. Website Access: Levin grants you a non-exclusive, non-transferable, limited right to access, use, and display the Website and the materials provided therein for personal, non-commercial use only, subject to the terms and conditions of these Terms.

  2. Prohibited Use: You shall not use the Website for any illegal or unauthorized purpose. You agree not to use the Website in any way that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.

Intellectual Property Rights

All content on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, and software, is the property of Levin or its content suppliers and is protected by United States and international copyright and trademark laws. The compilation of all content on this site is the exclusive property of Levin and protected by U.S. and international copyright laws.

Levin grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Levin. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All trademarks not owned by Levin 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 Levin.

Third-Party Links and Content

The Website may contain links to third-party websites or resources. These links are provided solely as a convenience to you and not as an endorsement by Levin of the content on such third-party websites or resources. Levin has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or resources. You further acknowledge and agree that Levin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or resources.

It is your responsibility to check the terms and conditions and privacy policy of any other website that you visit.

Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED ON THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEVIN RICHMOND TERMINAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LEVIN MAKES NO WARRANTY THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES OFFERED THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. LEVIN RICHMOND TERMINAL SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEVIN RICHMOND TERMINAL OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LEVIN RICHMOND TERMINAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE AND ITS SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LEVIN RICHMOND TERMINAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding the foregoing, nothing in these Terms shall exclude or limit Levin's liability for losses which may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by Levin's negligence or for fraud or fraudulent misrepresentation.

Indemnification

You agree to indemnify, defend, and hold harmless Levin and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

Termination

Levin reserves the right, at its sole discretion, to terminate or suspend your access to all or part of the Website and these Terms, with or without notice, for any reason or no reason, including but not limited to breach of these Terms. Upon termination, you must immediately cease all use of the Website and destroy any downloaded or printed materials obtained from the Website.

Termination of access to the Website does not affect any other right or relief to which Levin may be entitled, at law or in equity. Upon termination, all provisions of these Terms that by their nature should survive termination shall remain in effect, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Dispute Resolution

This Dispute Resolution clause is designed to provide a fair, fast, and cost-effective means of resolving any disputes that may arise between Levin and you concerning the Website.

Any disputes arising under or related to these Terms or the use of the Website shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall take place in Contra Costa County, California, and shall be conducted in the English language. The decision of the arbitrator shall be final and binding on both parties.

Before seeking arbitration, the party initiating the dispute must first send to the other party, by certified mail, a written Notice of Dispute. This notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought. If Levin and you are unable to resolve the dispute within 45 days after the Notice of Dispute is received, either party may begin arbitration proceedings.

By agreeing to these Terms, both Levin and you agree that any claim or dispute must be brought in the party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both Levin and you agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Notwithstanding the above, Levin reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction in California to protect its intellectual property rights or to prevent loss or damage to its Website services.

Miscellaneous

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Levin without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Alameda County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Should any provision of these Terms be held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms shall continue in full force and effect.

These Terms constitute the entire agreement between you and Levin regarding the use of the Website, superseding any prior agreements between you and Levin relating to your use of the Website.