Lewis and Clark, Inc. - Terms and Conditions

Terms and Conditions

Effective as of July 01, 2023

Agreement between User and https://www.lewis-clark.com/

Welcome to https://www.lewis-clark.com/. The https://www.lewis-clark.com/ website (the "Site") is
comprised of various web pages operated by Lewis and Clark, Inc ("LCI"). https://www.lewis-clark.com/ is
offered to you conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of https://www.lewis-clark.com/ constitutes your agreement to all
such Terms. Please read these terms carefully and keep a copy of them for your reference.

https://www.lewis-clark.com/ is an E-Commerce Site.

Lewis and Clark, Inc. is a global leader in the pre-owned Surface Mount Technology and used SMT
Equipment industry. We offer our customers and partners solutions for their manufacturing needs,
including buying idle equipment, conducting trades, and discovering equipment opportunities at significant
cost-savings over purchasing new.

Privacy

Your use of https://www.lewis-clark.com/ is subject to LCI's Privacy Policy. Please review our Privacy
Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://www.lewis-clark.com/ or sending emails to LCI constitutes electronic communications. You
consent to receive electronic communications and you agree that all agreements, notices, disclosures,
and other communications that we provide to you electronically, via email and on the Site, satisfy any
legal requirement that such communications be in writing.

Children Under Thirteen

LCI does not knowingly collect, either online or offline, personal information from persons under the age
of thirteen. If you are under 18, you may use https://www.lewis-clark.com/ only with permission of a parent
or guardian.

Cancellation/Refund Policy

Copy of Lewis & Clark, Inc., and Feeder Frenzy- A Lewis & Clark Company is available upon request.
Not all equipment sold is covered under warranty and may not be subject to a cancellation and/or refund.
Please contact us at valuedpartners@lewis-clark.com with any questions or to request a copy of our
cancellation and/or refund policy.

Links to Third Party Sites/Third Party Services

https://www.lewis-clark.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are
not under the control of LCI and LCI is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LCI is
providing these links to you only as a convenience, and the inclusion of any link does not imply
endorsement by LCI of the site or any association with its operators.

Certain services made available via https://www.lewis-clark.com/ are delivered by third party sites and
organizations. By using any product, service or functionality originating from the https://www.lewisclark.com/ domain, you hereby acknowledge and consent that LCI may share such information and data with any third party with whom LCI has a contractual relationship to provide the requested product,
service or functionality on behalf of https://www.lewis-clark.com/ users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use
https://www.lewis-clark.com/ strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to LCI that you will not use the Site for any purpose that is unlawful or prohibited by
these Terms. You may not use the Site in any manner which could damage, disable, overburden, or
impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or
attempt to obtain any materials or information through any means not intentionally made available or
provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of LCI or its suppliers and
protected by copyright and other laws that protect intellectual property and proprietary rights. You agree
to observe and abide by all copyright and other proprietary notices, legends or other restrictions
contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. LCI
content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any
protected content, and in particular you will not delete or alter any proprietary rights or attribution notices
in any content. You will use protected content solely for your personal use and will make no other use of
the content without the express written permission of LCI and the copyright owner. You agree that you do
not acquire any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of LCI or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by LCI from our offices within the USA. If you
access the Service from a location outside the USA, you are responsible for compliance with all local
laws. You agree that you will not use the LCI Content accessed through https://www.lewis-clark.com/ in
any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless LCI, its officers, directors, employees, agents and third
parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or
arising out of your use of or inability to use the Site or services, any user postings made by you, your
violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of
any applicable laws, rules or regulations. LCI reserves the right, at its own cost, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with LCI in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning
these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in
equity for damages or any other relief, then such dispute shall be resolved only by final and binding
arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and
administered by the American Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and
judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable
action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing
party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all
disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these
Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms
and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration
provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of
these Terms and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations
and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY
MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS
A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR
REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL
ACTION AGAINST THE OTHER. Further, unless both you and LCI 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.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LEWIS AND CLARK, INC AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LEWIS AND CLARK, INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR
ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LEWIS AND CLARK, INC AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEWIS AND
CLARK, INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH
THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF LEWIS AND CLARK, INC OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
LCI reserves the right, in its sole discretion, to terminate your access to the Site and the related services
or any portion thereof at any time, without notice. To the maximum extent permitted by law, this
agreement is governed by the laws of the State of New Hampshire, and you hereby consent to the
exclusive jurisdiction and venue of courts in New Hampshire in all disputes arising out of or relating to the
use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions
of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and
LCI as a result of this agreement or use of the Site. LCI's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in derogation of LCI's right to
comply with governmental, court and law enforcement requests or requirements relating to your use of
the Site or information provided to or gathered by LCI with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and
LCI with respect to the Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between the user and LCI with respect to the Site. A
printed version of this agreement and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement to the same extent and subject to
the same conditions as other business documents and records originally generated and maintained in
printed form. It is the express wish to the parties that this agreement and all related documents be written
in English.

Changes to Terms
LCI reserves the right, in its sole discretion, to change the Terms under which https://www.lewisclark.com/ is offered. The most current version of the Terms will supersede all previous versions. LCI
encourages you to periodically review the Terms to stay informed of our updates.

Lewis and Clark, Inc
18 Celina Ave Unit 16
Nashua, New Hampshire 03063

Email Address: valuedpartners@lewis-clark.com
Telephone number: (603) 594-4229