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Levata: Legal Notice

These Terms are Legally Binding

These Terms and Conditions (the "Terms") form a legally binding contract between you ("you,""your" or "User") and Levata LLC ("we," "us", "our", "Company" or "Levata"). As part of these Terms, you agree to comply with the most recent version of our Privacy Policy, which is incorporated by reference into these Terms.

Levata is a leading provider of barcode, mobile computing, and RFID solutions. The Levata website (the "Website") is comprised of various web pages operated by Levata. The Service and Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Levata constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Any new tools, products, services, features, or marketplaces added to the Service shall be subject to these Terms. We reserve the right to update and change the Terms by posting updates and changes on the Levata website at any time. You agree that it is your responsibility to check the Terms from time to time for any updates or changes that may impact you or your purchases. If you access or use the Service, or continue accessing or using the Service after being notified of a change to the Terms or the Privacy Policy, you confirm that you have read, understand and agree to be bound by the new Terms and Privacy Policy.

If you with the changes, you must cease to use the Website and, as the case may be, cancel any subscription with any register or distribution list associated with the Website. Using the Website once the changes have been made will indicate acceptance of the changes.

Identification of the proprietor of the Website

The proprietor of this Website is LEVATA LLC, a Florida Limited Liability Company located at 2320 Ponce de Leon, Coral Gables, FL 33134. Its contact e-mail is [email protected]

Object of the Website

By way of the Website, LEVATA provides information on the Company and offers the Users the opportunity of choosing from a wide variety of products primarily addressed to printing, automatic identification and data capture (the "Service"). The materials available on this Website have been prepared by Levata and are intended for informational purposes ONLY. The information provided on this Website is provided only as general information and does not create a business or professional services relationship between you and Levata.

CONDITIONS OF USE

You agree that you shall only use the Website for legal purposes. You are solely responsible for complying with the laws of the jurisdiction from which you are accessing this Website and you agree that you will not access or use the information on this Website in violation of such law. You represent that you have the lawful right to submit such information and you agree that you will not submit any information through the use of this Website unless you are legally entitled to do so. Again, we recommend that you do not submit information you consider confidential. Without limiting the foregoing and by way of example only, you may not and shall NOT:

  • engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Levata in its discretion.
  • infringe our intellectual property rights or those of any third party in relation to your use of the Service;
  • transmit any material that is confidential or proprietary;
  • use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users
  • collect or harvest any information or data from the Service or attempt to decipher any transmissions to or from the servers running any Service;
  • access the Service in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Service;
  • use the Service in any manner that may harm minors or that interacts with or targets
  • send unsolicited communications, promotions or advertisements, or spam;
  • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
  • sublicense, resell, time share or similarly exploit the Services;
  • authorize, permit, enable, induce or encourage any third party to do any of the above.

You agree that you will not engage in any activity that interferes with or disrupts the Website. You further agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell any part of the Website for any purpose.

Limitation of liability/Disclaimer

LEVATA does not guarantee the availability and continuity of the functioning of the Website. Consequently, LEVATA will in no circumstances be liable for any damages which may derive from:

  • Lack of availability or accessibility of the Website;
  • Interruption in the functioning of the Website or IT failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centres, the Internet system or other electronic systems occurring in the course of its operation;
  • Errors or delays in the access to the Website caused by the User when introducing their data into the form; slowness or any anomaly which may arise whenever these incidents are due to problems in the Internet network, unforeseen events or causes of force majeure and any other unforeseeable contingency beyond the good faith and control of LEVATA;
  • Losses and damages of any type which may occur due to accessing and making use of the Website, including but not limited to those produced in the IT systems or those caused by the introduction of IT viruses and/or attacks;
  • The veracity, completeness or lack of updating of any information not generated by LEVATA itself;
  • Other damages which may be caused by third parties by means of unauthorised intromissions beyond the control of LEVATA.

LEVATA does not guarantee the absence of viruses or other elements in the Website introduced by external third parties which may cause alterations in the User's physical or logical systems or in the electronic documents and files stored in their systems. Consequently, LEVATA will in no circumstances be liable for any damages of any nature which may arise out of the presence of viruses or other elements which may cause alterations in the User's physical or logical systems, electronic documents or files.

ALL CONTENT AND INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. LEVATA AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LEVATA AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE. LEVATA AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY LEVATA. ALL CONTENT AND INFORMATION ON THIS WEBISTE IS SUBJECT TO CHANGE WITHOUT NOTICE

Third-party links

Levata may include links to related internet Websites maintained by third parties. Neither Levata nor its affiliates or subsidiaries operate or control, in any respect, any information, products or services on such linked Websites. In addition, Levata does not guarantee the timeliness, sequence, accuracy, completeness, legality, reliability, or content of such information. We place such links at the Users' disposal for their convenience, an action which can in no manner be interpreted as approval or sponsorship on our part of the contents of such Websites.

Should any User or a third party observe that the contents to which this Website permits access via links which may be contrary to the law, morality or public order, they must report this to the e-mail address [email protected].

Indemnity

The above will apply, without limitation, to any case in which, as a consequence of Users' non-compliances, claims are lodged by third parties against LEVATA or any of the companies of its group. The Users will hold harmless LEVATA and the companies of its group, which may claim from them any expenses, costs or damages which may have derived from their actions, provided these expenses, costs or damages are caused by non-compliance by the User with the present Terms.

Intellectual and industrial property rights

User acknowledges that Levata retains ownership of all Intellectual Property of Levata incorporated in the Website and in its products and services (including all improvements, enhancements, updates and corrections) and any Intellectual Property generated by Levata in the process of providing the Service.

User agrees and accepts that any Intellectual Property generated by the User in connection with the User's use of the Website or of Levata's products or services is owned absolutely by Levata and vests in Levata immediately, including:

  • Levata name, trade marks, logo and design; and
  • any text, images, graphics, source code, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Service.

It is expressly prohibited to perform any act of reproduction, distribution, transformation or public communication or any type of assignment of all or part of the contents of the Website, in general, any act of exploitation of all or part of the contents (images, texts, design, indices, forms, etc.) and of any databases the Website might contain and any object protectable under the current legislation, particularly in accordance with the legislation on intellectual and industrial property.

In particular, Users may not, in any case, exploit or use commercially, directly or indirectly, in whole or in part, any of the contents composing the Website, or modify, copy, distribute, transmit, exhibit, publish, sell and/or grant licences on any contents of the Website or create works deriving from them, without the prior written authorisation of LEVATA and, as the case may be, also of their owner. Any authorisation or licence on the Website and its contents does not signify in any respect whatsoever the waiver, transfer or assignment, total or partial, of any of the aforesaid rights.

Users may, occasionally, print copies of the individual pages of the Website, provided they do so for their personal non-commercial use, and maintaining unaltered the signs referring to copyrights, registered trademarks and any other identification concerning the rights of LEVATA or third parties. Making any other type of copy, in electronic format, on paper or in any other modality, is totally prohibited.

Data protection

Browsing and using certain services in this Website may require Users to provide data of a personal nature. LEVATA processes this type of information in compliance with the applicable legislation, pursuant to the provisions of the Privacy Policy, which is hereby incorporated into the present Terms.

Cookies Policy

Levata's Website uses Cookies. Levata's use of Cookies is governed by applicable regulations and the terms of LEVATA's Cookies Policy, which in turn forms part of the Privacy Policy.

Cookies are small data files which are hosted in the terminal of the User visiting the Website and which contain or store certain information on the visit to the Website.

Notifications

LEVATA may send notifications to the e-mail address or the telephone number provided by each User.

INFRINGEMENT CLAIMS

U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website or Service are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Levata to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Levata a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.

Safeguard and interpretation

These Terms constitute an agreement between each User and LEVATA. Should a competent authority declare any provision illegal, invalid or non-enforceable, it must be interpreted in the manner closest to its original intention. Such declaration regarding one or more clauses will not affect the validity of the rest. The fact that LEVATA may choose not to demand the strict fulfilment of one or more of the stipulations contained in these Terms does not constitute and may not be interpreted in any case as a waiver on its part of its right to demand strict performance in the future.

Language

The language applicable to these Terms is English. Consequently, the Users expressly accept that they will be governed by the version in English. If a version in another language is offered it is out of mere courtesy, for the Users' convenience.

Applicable law and jurisdiction

Except in cases in which the applicable current regulations oblige submission to a different legislation, this Website, its contents and services, the relationships between the Users and LEVATA, along with these Terms, will be governed by and must be interpreted in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida. Except in cases in which the applicable current regulations oblige submission to a different jurisdiction, such as that relating to the courts and tribunals of the User's domicile, which will be strictly respected if proving to be imperative, any question or dispute arising out of or relating to this LEVATA Website, its contents and services, the relationships between the Users and LEVATA, along with these Terms, any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Florida in each case located in the City of Miami and/or Miami-Dade County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

Terms of Sale

The sale of goods or services by the Company is subject to the Terms contained herein (the "Terms"). The Terms contained herein take precedence over any Terms which are proposed by a buyer of goods or services ("Buyer") whether contained on a purchase order or otherwise. The Terms contained herein, together with any Quotation/Pro-forma, Order Confirmation or Invoice delivered by Company to Buyer (the "Sales Confirmation"), is the entire contract between the Buyer and Company and shall supersede any and all other agreements and understandings between the parties with respect to the subject matter hereof. Company hereby rejects any and all Terms proposed by Buyer, whether or not contained in any of Buyer's business forms (including any purchase order). Company's acceptance is limited to these Terms and is expressly conditional on Buyer's acceptance of these Terms, and any additional or different terms proposed by Buyer are automatically rejected unless expressly assented to in writing by an authorized representative of Company.

Prices

All prices for goods are F.O.B. Origin. Unless otherwise set forth in the Sales Confirmation, the prices for goods will be the prices in effect on the date of shipment. Prices are subject to change without notice, unless otherwise expressly agreed in signed writing by Buyer and Company. All prices are stated in United States Dollars unless otherwise stated and do not include taxes.

Cancellation or Modification of Orders.

Orders shall not be subject to cancellation or modification by Buyer in whole or in part (a) without Company's prior written consent and (b) payment of a reasonable cancellation charge for applicable costs. Notwithstanding the foregoing, if special or custom products are ordered from Company, Buyer shall not be able to cancel or modify the order under any circumstances.

Delivery

Unless otherwise agreed in writing by the parties, Company reserves the right to select the mode of transport and the identity of the carrier. Neither Buyer nor any consignee shall have the right to direct or reconsign any shipment to any destination other than that specified in the bill of lading without Company's written consent. Buyer shall be responsible to pay for all shipping and transportation costs.

The delivery date provided by Company for the goods is only an estimate and is based upon prompt receipt of all necessary information from Buyer. Delivery times may vary depending on available production capacity and material availability at the time of the purchase order placement. Company will not be responsible for any delays, loss or damage in transit and failure to deliver within the time estimated will not be a material breach of contract on Company's part.

Title and Risk of Loss

Unless otherwise expressly agreed in signed writing by Buyer and Company, risk of loss passes to Buyer upon delivery of the goods to the carrier at the Company's location or after three (3) days' notice by Company to Buyer that the goods are available. Title passes to Buyer upon completion of delivery or notice period and Buyer's payment in full for goods.

Limited Warranty/Exclusive Remedy

(a) Company warrants that the goods are free from defects in material and workmanship at the time of shipment. If, after written notice by Buyer of defect and inspection of the goods by Company, the goods are determined to be defective then Company will, at its option, repair or replace the defective good. Instructions for defective products may be found at the following link: https://www.levata.com/guarantee

(b) THE FOREGOING WILL BE THE SOLE AND EXCLUSIVE REMEDY OF BUYER WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND COMPANY WILL NOT BE LIABLE FOR INJURIES OR DAMAGES TO PERSONS OR PROPERTY RESULTING FROM ANY CAUSE WHATSOEVER. THIS LIMITATION APPLIES TO ALL GOODS AND SERVICES. To the extent the limitation or exclusion of liabilities or damages contained herein is not permitted under applicable law, this limited warranty will apply to the maximum extent allowed by applicable law.

(c) Company does not warrant performance of its products in any environment. Buyer is solely responsible for determining appropriateness of goods purchased for their use and application.

Limitation of Warranty

Company assumes no warranty liability with respect to defects in any goods caused by: (a) improper installation or maintenance of the goods; (b) repairs to the goods by anyone other than Company or its authorized agent; or (c) negligent or other improper use, processing, handling and/or storage of the goods including the storage of goods in conditions not specified. Company does not make any warranty and assumes no warranty liability for goods that are not manufactured by Company.

No agent, distributor or representative is authorized to make any warranty repair on behalf of Company or to assume for Company any other liability in connection with any of Company's goods.

Any use of goods is at the sole risk of the Buyer and/or end user.

Disclaimer of Warranties and Limitation of Liability

THE WARRANTY ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ALL OTHER OBLIGATIONS OR LIABILITIES OF COMPANY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER WARRANTIES ARE DISCLAIMED AND EXCLUDED BY COMPANY.

UNDER NO CIRCUMSTANCES WHATSOEVER, SHALL THE COMPANY BE OBLIGATED OR LIABLE FOR ANY DIRECT, INDIRECT CONSEQUENTIAL OR OTHER LOSSES OR DAMAGES, OR FOR ANY EXPENSES INCURRED OR SUSTAINED BY THE BUYER AND/OR ANY OTHER PERSON OR PERSONS IN CONNECTION WITH OR RESULTING FROM THE USE, SALE, HANDLING AND/OR STORAGE OF ANY OF THE GOODS OR SERVICES COVERED HEREBY (INCLUDING ANY "DEFECTIVE" OR UNSATISFACTORY GOODS OR SERVICES) IN ANY AMOUNT IN EXCESS OF THE NET AMOUNT ACTUALLY RECEIVED BY THE COMPANY FROM THE BUYER IN CONNECTION WITH THE SALE OF SUCH GOODS OR SERVICES.

Company Intellectual Property

Company retains ownership of any patent, know-how, trade secret, trademark, service mark, copyright, or other intellectual property right that is related to the goods or Services or is otherwise developed by or provided to Buyer in connection with the supply of the goods or Services.

Company will have no obligation with respect to any infringement claim based upon any: (i) misuse or modification of the goods by Buyer or its employees or agents, (ii) use of the goods in combination with other materials, goods, products, or services, (iii) failure of Buyer to implement any update provided by Company that would have prevented the claim, (iv) goods that Company made to Buyer's specifications or designs.

Termination

In addition to any remedies that may be provided under these Terms, Company may terminate this or any agreement or order for which partial shipment has been made with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under the agreement, or order; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.

Confidential Information

All non-public, confidential or proprietary information of Company, including, but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by Company to Buyer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential," in connection with these Terms or any agreement or order is confidential, solely for the use of performing such agreement or order and may not be disclosed or copied unless authorized in advance by Company in writing. Upon Company's request, Buyer shall promptly return all documents and other materials received from Company. Company shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Buyer on a non-confidential basis from a third party.

Limitation of Actions

Notwithstanding any contrary statute of limitations, any cause of action for any alleged breach of this agreement by Company shall be barred unless commenced by Buyer within one year from the date of shipment.

Relationship of the Parties

Nothing contained in any agreement or order between Buyer and Company shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

Third Party Beneficiary

This agreement or order between Buyer and Company is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.

Severability

If any provision of these Terms or any agreement or order between Buyer and Company shall be held to be unlawful or unenforceable, the remaining portions of such any Terms, agreement or order between Buyer and Company shall remain in full force and effect. No other agreement between Buyer and Company or understanding shall modify this agreement in any way or shall be binding upon Company unless contained in a writing signed by Company's authorized representative.

Product Return Policy

Please follow the instructions at the following link for any refunds or returns: https://www.levata.com/returns

Product return requests must be initiated within 15 days from the date of the invoice. Products must be unopened, in original packaging, and in mint condition.

Product returns may be subject to restocking fees.