Effective Date: September 24, 2015
Please read this Agreement carefully, in its entirety. You warrant that you have the legal capacity to enter into this Agreement and be bound by its terms. You further warrant that you are an individual that is eighteen years of age older.
The Lighting Factory reserves the right to make changes to these terms, make changes or correct any errors to the Site or materials on the Site, and remove, add to, or modify any materials on the Site at any time without prior notice. We also may make changes in the products, programs, pricing, or services at any time without prior notice. Your use of the Site after any change we make to the Site constitutes your acceptance of the change(s).
If you object to any provision of this Agreement or any subsequent modifications hereto or if you become dissatisfied with the Website, including any use of any of the Website’s services, in any way, your only recourse is to immediately terminate your use of the Website. This Agreement, together with those agreements made a part of this Agreement by reference, make up the entire agreement between us relating to your use of the Website and its related services, and replace any prior understandings or agreements (whether oral or written) regarding your use of the Website.
The Lighting Factory is the owner or licensee of all rights in and to the Website, the trademarks displayed on the Website (unless owned by others), and any and all copyrights, trade secrets, patent rights, or other propriety or personal rights contained within or displayed upon the Website.
Disclaimers and Limitation of Liability
The Lighting Factory disclaims any responsibility for any harm or liability arising out of or related to your use of the Website or the products or services offered and/or linked to the Website.
THE WEBSITE, AND ALL CONTENT AND MATERIALS CONTAINED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE LIGHTING FACTORY 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, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
THE LIGHTING FACTORY MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
THE LIGHTING FACTORY IS NOT RESPONSIBLE FOR THE REPRESENTATIONS OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, ADVERTISER, OR THIRD PARTY OF THE WEBSITE.
THE LIGHTING FACTORY DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, INTERRUPTION, DELETION, DESTRUCTION OF IDENTITY, OMISSION, OR UNAUTHORIZED ACCESS OF OR TO THE WEBSITE.
THE LIGHTING FACTORY, TOGETHER WITH OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, PROVIDERS, OR ANY OTHER PARTIES MENTIONED OR INVOLVED IN THE CREATING OF THE WEBSITE, WILL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO THE WEBSITE, YOUR DOWNLOADING OF ANY CONTENT FROM THE WEBSITE OR YOUR TRANSACTION(S) OR USE OF THE WEBSITE OR (B) ANY INJURY, DEATH, LOSS, CLAIM, ACT OF GOD, ACCIDENT, DELAY, LOSS OF USE OR DAMAGE TO ANY PROPERTY OR EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES, SERVICES OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, BREACH OF WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISE OUT OF OR IS IN ANY WAY CONNECTED WITH: (I) ANY USE OF THE WEBSITE; (II) PRODUCTS OR SERVICES PROVIDED ON THE WEBSITE(III) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE WEBSITE, PRODUCTS OR SERVICES); OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Third Party Links
The Lighting Factory may display links directly to third party websites, and does not in any way imply, suggest, or constitute any sponsorship or approval of The Lighting Factory by any such Third Party or any affiliation between any such Third Party and The Lighting Factory. The Lighting Factory's display of specific Third Party links does not endorse or suggest a recommendation by The Lighting Factory of the Third Party or their products or services. You agree that The Lighting Factory is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these Third Parties. Your interaction with any Third Parties accessed through the Website is at your own risk, and The Lighting Factory will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Third Parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Third Parties.
Privacy and Location Services
You agree that you will not use the Website to violate any laws or the rights of The Lighting Factory, users, affiliates, or third parties. You are expressly prohibited from, without limitation:
- Transmitting unsolicited e-mail messages, or spam, through the Website or to Users;
- Misusing another’s personal information;
- Circumventing our technological or security protection;
- Using a robot, scraper, script, or other automated technology to access the Website;
- Attempting to gain access to the private data or personal information of a user of the Website or a third party;
- Harvesting information or data from Users of the Website;
- Posting false, misleading, or defamatory content;
- Posting or sending information or materials that contains advertising with respect to products or services without prior written consent from The Lighting Factory;
- Distributing harmful content, such as trojan horses, viruses, malware, spyware, chain letters, or any other unsolicited files or communications;
- Transmitting or posting content that
- threatens or encourages bodily harm or destruction of property;
- infringes upon the intellectual property rights of another;
- incites illegal activity;
- constitutes fraud;
- harassing or otherwise objectionable;
- libelous, abusive or obscene;
- Impersonating another or creating multiple alias accounts;
- Promoting an illegal or unauthorized copy of another person’s copyrighted work;
- Interfering with the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website.
Jurisdiction and Choice of Law
You understand and agree that The Lighting Factory and the Website are located in the state of Florida. You also agree that the Website does not give rise to personal jurisdiction over The Lighting Factory in states other than Florida. This Agreement will be governed under the laws of the State of Florida, notwithstanding any conflicts of law. Any dispute that arises out of or in relation to this Agreement or your use of the Website will be resolved before a single arbitrator.
You agree that all claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Florida. An award of arbitration may be confirmed in a court of competent jurisdiction.
You agree that any cause of action arising out of or in connection to the Website must commence within one (1) year after the cause of action accrues.
If any part of this contract is held to be invalid or unenforceable for any reason, all valid and enforceable provisions shall remain unimpaired and continue in full force and effect.
The content and design of this website and any catalogs, flyers, price lists, or advertising are the property of The Lighting Factory and are protected by international copyright, trademark and other laws. No part of the materials, including graphics and logos, may be copied, reproduced, modified, or distributed without the prior written consent of The Lighting Factory. Distribution for commercial purposes is strictly prohibited. Copyright 2015 by The Lighting Factory.
All notices to The Lighting Factory must be in writing to sales@The Lighting Factory.net.
All rights not expressly granted herein are reserved to The Lighting Factory.