TERMS OF USE

Please read these Terms of Use (“Terms”) carefully. This website (“Site”) includes the website located at lambertsontruex.com and any other website or service of Lambertson Truex and Company, LLC or its subsidiaries and affiliated companies (collectively “Lambertson Truex”). Lambertson Truex provides this Site to you and any other person or entity on whose behalf you accept these Terms (collectively “You”), subject to these Terms. These Terms are entered into by and between Lambertson Truex and You, and You accept them by: (a) placing an order through this site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms.  If You do not agree to all of these Terms, You may not use this Site.

 

The Site is intended for use by individuals 13 years of age or older. If You are under 18, You may use this Site only with involvement of a parent or guardian.

Lambertson Truex may change or modify these Terms or any policy or guideline of this Site, at any time and in its sole discretion. Your use of our Site following any constitutes your agreement to follow and be bound by the Terms as changed. You should review these Terms and applicable policies from time to time to understand the Terms and conditions that apply to your use of the Site. We may change, move or delete portions of, or may add to, our Site from time to time. If You do not agree to the amended Terms, You must stop using the Site.

 

CHOICE OF LAW/JURISDICTION

These Terms supersede any other agreement between You and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms will be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of laws and any conflict shall be resolved exclusively in the state and federal courts sitting in Sharon in the state of Connecticut, United States of America.A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND LAMBERTSON TRUEX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER RELATING TO THE USE OF THIS SITE IN AN INDIVIDUAL CAPACITY AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. BY USING THE SITE YOU HEREBY IRREVOCABLY WAIVE THE RIGHT TO JOIN CLAIMS WITH OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE AGAINT LAMBERTSON TRUEX.

 

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is deemed invalid, the parties agree that the remainder of the agreement shall remain in force and be interpreted to give effect to the intent of the parties reflected in the provisions hereof.

SUBMISSIONS BY YOU

You agree that You are solely responsible for any material posted or submitted by You. You represent and warrant that You own or otherwise control all of the rights to material submitted by You and that no use of such material by Lambertson Truex will infringe or violate any rights of any third party. You agree to defend, indemnify and hold Lambertson Truex and its affiliated, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers and contractors (collectively the “Affiliates”) harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and legal costs) arising from or in connection with any material posted or submitted by You. Lambertson Truex reserves the right, at any time and in its sole discretion, to delete, move or edit any material posted or submitted by You.

 

All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered by You to Lambertson Truex on this Site or otherwise disclosed, submitted or offered in connection with Your use of this Site (collectively “Comments”) shall be and remain Lambertson Truex’s property. Any such disclosure or submission of Comments shall constitute an assignment to Lambertson Truex of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Lambertson Truex 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. Lambertson Truex is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay any compensation for Comments; or (3) to respond to any Comments.

 

LAMBERTSON TRUEX PRODUCTS

The information on this Site does not constitute a binding offer to sell products described on the Site. The Lambertson Truex products displayed on this Site may be available through this Site or at select retail stores in the United States of America and foreign markets. However, Lambertson Truex cannot guarantee that the products appearing on this Site will be available; availability, price and selection are subject to Lambertson Truex’s discretion. While Lambertson Truex has made every effort to display products and their colors as accurately as possible, Lambertson Truex cannot guarantee that Your monitor will display actual color of the product accurately. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling.

 

Please contact Lambertson Truex at info@lambertsontruex.com or (860) 364-5900 with any inquiries about Lambertson Truex products.

INTELLECTUAL PROPERTY RIGHTS

All material, content, and information (“Content”) on the Site shall be and remain the property of Lambertson Truex or its respective owners. Lambertson Truex owns or has rights to all wallpaper, icons, characters, artwork, images, graphics, music, text, software and other material of the Site and all code and scripts in any format used to implement the Site. You agree not to copy, reproduce, sell, distribute, mirror, republish, upload, download, transmit, display for redistribution or create derivative works of the Content or the Site, in whole or in part, by any means. All Content on this Site are the exclusive property of Lambertson Truex and are protected by U.S. and international copyright, trademark and other proprietary and industrial property laws.

 

“Lambertson Truex Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, graphics and other designations Lambertson Truex uses in connection with its products and services. You may not remove or alter any Lambertson Truex Trademarks, or use the Lambertson Truex Trademarks, without Lambertson Truex’s prior written consent. You acknowledge Lambertson Truex’s rights in Lambertson Truex Trademarks and agree that any use of Lambertson Truex Trademarks by You shall inure to Lambertson Truex’s sole benefit.

 

DISCLAIMER OF WARRANTIES

While Lambertson Truex attempts to provide accurate information, there may be inadvertent inaccuracies or errors contained in the Site. Lambertson Truex may correct or change information on the Site without notice. You assume all responsibility and risk with respect to use of the Site. 

 

LAMBERTSON TRUEX DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING INFORMATION CONTAINED IN OR ACCESSED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ALL EXPRESS AND IMPLIED WARRANTIES, SUCH AS WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LAMBERTSON TRUEX DOES NOT WARRANT THAT THE SITE IS FREE OF DEFECTS OR HARMFUL COMPONENTS AND IN PROVIDED “AS IS.” LAMBERTSON TRUEX DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED. LAMBERTSON TRUEX DOES NOT ASSUME ANY LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION CONTAINED ON THE SITE BEFORE RELYING UPON IT.  

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL LAMBERTSON TRUEX, ITS AFFILIATES OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY, WHETHER TANGIBLE OR INTANGIBLE)RESULTING FROM WHATEVER CAUSE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.

CONSENT TO PRIVACY POLICY

 

By using this Site, You agree to comply with all applicable laws and regulations, and the Terms of Lambertson Truex’s Privacy Policy at https://www.lambertsontruex.com/policies, with respect to any access, use and/or submission by You of any personal information in connection with this Site.

 

MISCELLANEOUS

Notice to California Residents 

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

The provider of the Site is Lambertson Truex and Company, LLC81 Main Street, Sharon CT 06069.

To file a complaint regarding the Site or to receive further information regarding use of the Site, send a letter to the above address or contact Lambertson Truex via e-mail at info@lambertsontruex.com (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.

PRIVACY POLICY

Lambertson Truex and Company, LLC (“Lambertson Truex”, “we”, “us”, or “our”) is committed to protecting your privacy. The following policy (the “Privacy Policy”) describes our practices respecting the collection, storage, use and processing of personal information that you share with us, including through this website (“Site”). Lambertson Truex will adhere to this Privacy Policy and all applicable laws and standards.

PRIVACY POLICY UPDATES​

Lambertson Truex may update this Privacy Policy from time to time. Whenever we make a change, we will post the updated policy on this Site. We recommend checking this section on our Site frequently to view the latest updates.

 

THE INFORMATION WE COLLECT

We may collect from time to time information about you from which you can be identified - including your name, address, telephone number, email address, billing and account information, credit or debit card information, and other information incidental to providing goods or services to you – as well as information that can be reasonably linked to information that identifies you (“Personal Information”). We may collect information from or about you, for example when you:

  • place an order through our Site or in our stores;

  • register your product after purchase;

  • register an online account on the Site;

  • set up a wish list, gift reminders, or address book entries;

  • take a survey;

  • contact us with a comment or question, or request a catalog;

  • sign up (online or in person) to receive emails or marketing communication about our; products and services; or

  • apply for a job.

We may also collect information about you from sources including interactions with social media and use of other websites that display our advertisements.

 

Log Files

Like most standard website servers, we use and maintain the information that we obtain from and/or through your browser on our server logs. This information can include Internet protocol (“IP”) addresses, browser type, Internet service provider (“ISP”) and other data. We may use this information to analyze trends, administer the Site, detect fraud or other types of abuse and gather broad demographic information for aggregate use. We may associate this information with your personally identifiable information to resolve technical issues, support security for our users and/or take action on any activity that may violate the Privacy Policy.

 

WHAT WE DO WITH YOUR INFORMATION

Lambertson Truex is able to collect your personal information when you use our Site. This can be done only when you voluntarily submit such information on our Site. We use such information to display contents and products that may be of interest to you and to personalize your online experience. From time to time we may share such information with our business affiliates and third parties. All third parties that we share personal information with are contractually obligated to maintain the confidentiality of your information. We may also disclose your personal information under court orders or other legal requests.

 

Whenever you provide us personal information, you agree to Lambertson Truex using such data to deliver marketing material such as promotions, new merchandise or contests and sweepstakes to your email or physical mail address. If you choose not to receive such marketing material, you may explicitly opt out by doing so on our Site.

 

Your personal information collected by Lambertson Truex is used to:

  • Operate and improve Lambertson Truex’s Site, services and offerings available through Lambertson Truex’s network;

  • Personalize the content and advertisements provided to you;

  • Communicate with you and respond to your inquiries;

  • Share information with third parties, such information being covered by a nondisclosure agreement;

  • Conduct research about your use of Lambertson Truex’s Site; and

  • Help offer you other products or services that may be of interest.

 

Where required under applicable law, we only process your personal information on the basis of a lawful justification for processing.  In those cases, the processing of your personal information will be justified on the basis that it is necessary for the performance of a contract with you or in order to take steps at your request prior to entering into a contract, or as necessary for the purposes of our legitimate interests of providing for sale various products to users of the Site and operating, protecting and improving our business.

 

CONSENT TO LAMBERTSON TRUEXPROCESSING YOUR PERSONAL INFORMATION

By providing information to us for the purposes of creating your account or adding any additional details to your Lambertson Truex profile, you are expressly and voluntarily accepting the terms of the Privacy Policy. You have the right to withdraw your consent to Lambertson Truex’s collection and processing of your information at any time, by changing your settings, or by closing your account, but please note that your withdrawal of consent will not be retroactive.

 

LAMBERTSON TRUEXCOMMUNICATIONS

When you contact Lambertson Truex, we may maintain records of the communication and associated Personal Information relating to the communication to ensure that we can provide you with appropriate service and respond to your inquiries.

 

You can change your email and contact preferences at any time by logging into your account and changing your settings related to your email notification choices. If you wish, you can also opt out of receiving promotional emails by clicking on the “unsubscribe” link. Please be aware that you cannot opt out of receiving service messages from Lambertson Truex.

 

AFFILIATES AND BUSINESS TRANSITIONS

Lambertson Truex may share your Personal Information with its affiliates that are subject to privacy policies that protect your information from disclosure to third parties in a manner similar to this Privacy Policy. In the event that Lambertson Truex (or its parent corporation) goes through a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of its assets, our users’ Personal Information will, in most instances, be part of the assets transferred. Lambertson Truex may in its discretion notify you of any such business transition via email, to the extent you have elected to provide Lambertson Truex such information and elected to receive such communications, and/or notice on Lambertson Truex’s Site.

 

THIRD-PARTY OFFERS AND ADVERTISING

Lambertson Truex allows other companies, such as its marketing partners and affiliated companies, to offer their products and services to you, to register you on their websites, or to communicate with you about their products and services at a future date, through Lambertson Truex’s Site or by email. Whether or not you decide to participate in such an offer is up to you.

 

As noted above, we may use your Personal Information to provide you with advertisements that are targeted to your specific needs and interests. These advertisements link directly to third-party websites. Lambertson Truex has no control over the content or privacy policies of such websites, and therefore we encourage you to review such content and policies prior to submitting any Personal Information to them. We share certain aggregate information, such as demographic information and the number of times users have viewed an advertisement, with our third-party advertisers.

 

Lambertson Truex may allow certain companies to display advertisements on our Site. Some of these ad networks may place a persistent cookie on your computer. Doing this allows such advertisers to recognize your computer each time it sends you an online advertisement. In this way, ad networks may compile information about where you, or others who are using your computer, saw its advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. Lambertson Truex may share certain non-personally identifiable information about you, such as your gender, age or zip code, with ad networks to help them deliver more relevant advertisements through their ad networks. Lambertson Truex does not have access to or control over the cookies that may be placed by these parties on your computer, and has no control over these parties’ privacy policies or information-collection practices.

Google Analytics. 

 

Some or all of the Lambertson Truex Site makes use of Google Analytics Demographics and Interest Reporting. The Lambertson Truex Site may also make use of other Google Analytics for Display Advertising features, including Remarketing, Google Display Network Impression Reporting and/or the DoubleClick Campaign Manager integration.

 

We are required by Google to disclose the following information to you in our Privacy Policy in connection with our use of any Google Analytics for Display Advertising features on the Lambertson Truex Site:

  • You may opt out of Google Analytics for Display Advertising or customize Google Display Network ads by using the Google Ads Settings page. You may also prevent your data from being collected and used by Google Analytics by opting out through the use of the Google Analytics Opt-out Browser Add-on.

  • If the Lambertson Truex Site makes use of the Google Analytics for Display Advertising Remarketing feature, Lambertson Truex will use such Remarketing feature to advertise online and third party vendors, including Google, may show Lambertson Truex ads on sites across the Internet.

  • Lambertson Truex and third party vendors, including Google, may use first-party cookies (such as the Google Analytics cookies) and third party cookies (such as the DoubleClick cookie) together to (a) inform, optimize and serve ads based on a user’s past visits to the Lambertson Truex Site, and/or (b) report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to the Lambertson Truex Site.

  • Data from Google Analytics Demographics and Interest Reporting may be utilized by Lambertson Truex to help recognize and understand user preferences, to make improvements to the Lambertson Truex Site, to choose content and advertising to display to you, and for other business purposes that will allow Lambertson Truex to better serve you.

 

BROWSER “DO NOT TRACK” SIGNAL

We do not honor “Do Not Track” (also known as “DNT”) signals or similar mechanisms transmitted by your web browsers. More information about browser tracking signals and Do Not Track signals can be found at http://allaboutdnt.org.

 

PROTECTING CHILDREN

We take special care to protect the safety of children in accordance to the Children’s Online Privacy Protection Act of 1998. While our Site is a general audience website, we do not permit children under the age of 13 to register or purchase any products. We also do not collect or solicit Personal Information about children under the age of 13.

 

COOKIES AND OTHER TECHNICAL INFORMATION

Like many organizations, we place a “cookie” (a small data file) on the hard drive of your computer when you first connect to the Site to help us analyze web traffic and improve the content or functions of the Site. The cookie lets us know that you have visited our Site before, and recognizes you so that you can avoid re-entering information each time you visit the Site.  The cookie also helps us analyze the use of our Site.

 

You can set your browser to refuse cookies from the Site. However, some portions of the Site will not function properly or may function more slowly if you choose to reject cookies. By using our Site and not disabling cookies, you consent to allowing their use for the described purposes.

 

We may use third party advertising companies to serve advertisements on other sites you may visit. To accomplish this, these companies may employ anonymous cookies and web beacons (also known as Internet tags, pixel tags and clear GIFs) that allow this Site to collect web log information. A web beacon is a graphic on a web page or in an email message designed to track pages viewed or messages opened. Web log information is gathered when you visit our Site. The web server automatically recognizes some non-Personal Information, such as the date and time you visited our Site, the pages you visited, the website you came from, the type of browser you are using, the type of operating system you are using and the domain name and address of your ISP. We may also include web beacons in promotional email messages in order to determine whether messages have been opened.  If you do not wish to receive such beacons, you can unsubscribe from our mailing list at info@lambertsontruex.com.

 

Lambertson Truex may also work with a third party vendor to analyze users’ browsing patterns on our Site, who may place cookies on your computer to receive information about your browsing and purchasing activity on the Site, and help us to provide you with a more personalized shopping experience.

In addition to cookie data, we may also process other technical information about you, including but not limited to: (1) your IP address, browser type and version, device identifier, location and time zone setting, network and/or service provider, operating system and platform, page response times and download errors; (2) details about your visit, including the websites you visit before and after our Site and products you viewed or searched for; and (3) length of visits to certain pages, interaction with elements on the Site and methods used to browse away from the page.

 

SECURING YOUR INFORMATION

Lambertson Truex understands the utmost importance of protecting the Personal Information that you share with us. As such, we practice a combination of technical, physical and administrative security controls that are designed to safeguard your information against unauthorized use. Your Personal Information will only be used for business purposes and will only be accessible by a limited number of Lambertson Truex employees and third party vendors servicing our computer and web services.

 

At the same time, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information to the best of our ability, we cannot guarantee or warrant the security of information you transmit to our Site.

 

Your data will in part also be processed in countries outside the European Union (“EU”) or the European Economic Area (“EEA”), which may have a lower data protection level than European countries. In such cases, we will ensure that a sufficient level of protection is provided for your data, e.g., by concluding specific agreements with our contractual partners (copy available on request), or we will ask for your explicit consent to such processing.

 

STORAGE TERMS

Lambertson Truex applies the following storage terms:

Information uploaded by you is stored for a period of 24 months after you delete this information, or delete your account; it being agreed that you can delete your account at any time. If you do not log in to your account during a period of two (2) years, your account will be deleted automatically.

History and logs: stored for a period of six (6) monthsafter the history item or log event was created.

Cookies: cookies used on the Site shall have a maximum lifetime of one hundred (100) days.

RIGHTS INDIVIDUALS HAVE OR MAY HAVE IN RELATION TO DATA PROCESSING

The following rights are generally available to individuals residing in the European Union according to applicable data privacy laws:

  • Right of information about your Personal Information stored by us;

  • Right to request the correction, deletion or restricted processing of your Personal Information;

  • Right to object to a processing for reasons of our own legitimate interest, public interest or profiling, unless we are able to prove that compelling, warranted reasons superseding your interests, rights and freedom exist, or that such processing is done for purposes of the assertion, exercise or defense of legal claims;

  • Right to data portability; and

  • Right to file a complaint with a data protection authority.

 

If you wish to exercise your rights, please address your request to company address indicated below.

Where you have the right under applicable law, such as in the EEA, you may complain to a data protection authority if you think we have processed your Personal Information in a manner which is unlawful or breaches your rights.

 

Nothing in this Privacy Policy shall give any individual any right or rights which that individual does not have under the General Data Protection Regulation and/or any other applicable data protection laws.

 

Data Choices

Lambertson Truex provides you with ways in which you can modify your Personal Information. In order to change such information, please log in to Lambertson Truex’s Site and go to the “My Account” section and enter any desired changes. Please be aware that even after your request for a change is processed, Lambertson Truex may, for a time, retain residual data about you in its backup and/or archival copies of its database.

 

Right of Access

To the extent permitted by applicable law, you are entitled to access your Personal Information that Lambertson Truex collects about you and to have it amended, updated or deleted, where such information is incorrect, incomplete or outdated.

You may exercise this right at any time by sending a request in writing to: 
81 Main Street, Sharon CT 06069

 

Lambertson Truex will answer to your request within two (2) months from its receipt, provided that this request is complete, accurate and encloses a stamped envelope with your name and address.

 

To the extent permitted by applicable law, you may also object to the processing of your Personal Information. Such objection may, however, inhibit Lambertson Truex’s ability to provide any requested service.

 

Under California law, if you are a resident of California, you are entitled once per year to request and obtain certain information regarding Lambertson Truex’s disclosure, if any, of your Personal Information to third parties for their direct marketing purposes during the immediately prior calendar year. To make such a request, please send an email to info@lambertsontruex.comwith your full name, email address, and postal address in your message. In response to your request, we will provide you with a notice describing the cost-free means to opt-out of our sharing your Personal Information with third parties with whom Lambertson Truex does not share the same brand name, if the third party will use it for their direct marketing purposes.

 

CONTACT US

If you have any questions regarding this Privacy Policy, please contact us at:
81 Main Street, Sharon CT 06069

info@lambertsontruex.com

(860) 364-5900