Terms of Use — Luxco Lighting

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This Terms of Use Agreement (“Agreement”) is made by and between LUXCO LIGHTING Inc., an Missouri limited liability corporation, located 8910 Pine Ave, Saint Louis MO 63144 (“LUXCO LIGHTING”) and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this Web Site and Services relating thereto. You may wish to print this Agreement for your reference.

BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER LUXCO LIGHTING SOFTWARE, SERVICES, INFORMATION, WEBSITES OR ANY OF LUXCO LIGHTING’S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.

LUXCO LIGHTING RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN LUXCO LIGHTING’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE LUXCO LIGHTING WEBSITE.

2. ACCESS TO THIS SITE

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on or upload to this site will be correct, current, and complete. If LUXCO LIGHTING believes the information is not correct, current, or complete, LUXCO LIGHTING has the right to refuse you access to this site or any of its resources, to remove any information uploaded to LUXCO LIGHTING’s Services, and to terminate or suspend your access at any time.

3. RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. As a condition of your use of LUXCO LIGHTING’s website(s), you warrant to LUXCO LIGHTING that all information provided, uploaded, or otherwise offered through the Services of the website(s) is truthful, complete, and has been verified by you, and that any opinions offered by you will be expressly identified as such. You also warrant to LUXCO LIGHTING that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, or (iv) index or catalog this site, without the express prior written permission of an authorized representative of LUXCO LIGHTING. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with LUXCO LIGHTING in causing any unauthorized co-branding, framing, hyper-linking, indexing, or cataloging immediately to cease. In addition, you may not use LUXCO LIGHTING’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

4. USE LIMITATION

If you are under 18 years of age, you may not use this website.

LUXCO LIGHTING’s website(s) are only for the uses stated on the website(s). You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to LUXCO LIGHTING’s websites.

Information provided by users of this, and any other website owned, operated, licensed, or otherwise controlled by LUXCO LIGHTING (the “Content”) is often provided by the user with the expectation of confidentiality of the use of the website(s) and confidentiality of the information. Thus, you may not disclose user provided information or that a user is using the website(s) without first obtaining the express permission of the user.

5. PAID SERVICES

** See TERMS AND CONDITIONS OF SALES listed on LuxcoLight.com or through your Luxco Lighting representative **

6. PROPRIETARY INFORMATION

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by LUXCO LIGHTING (the “Content”) is the proprietary information of LUXCO LIGHTING or the party that provided or licensed the Content to LUXCO LIGHTING, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of LUXCO LIGHTING, except that you may print out a copy of the Content solely for the individual or corporate uses stated on the website(s). In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates LUXCO LIGHTING’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

7. HYPER-LINKS

This site may be hyper-linked to other sites which are not maintained by, or related to, LUXCO LIGHTING. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or LUXCO LIGHTING. LUXCO LIGHTING has not reviewed any or all of such sites and is not responsible for the content of those sites. LUXCO LIGHTING is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user’s own risk, and LUXCO LIGHTING makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. LUXCO LIGHTING provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by LUXCO LIGHTING of that site or any association with its operators.

8. DISCLAIMER

You understand that LUXCO LIGHTING cannot and does not guarantee or warrant that information and files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. LUXCO LIGHTING does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by LUXCO LIGHTING.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. LUXCO LIGHTING DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. LUXCO LIGHTING DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE CORRECT, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUXCO LIGHTING DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND LUXCO LIGHTING MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT LUXCO LIGHTING, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. LUXCO LIGHTING MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and LUXCO LIGHTING does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

9. LIMITATION ON LIABILITY

LUXCO LIGHTING, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF LUXCO LIGHTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF LUXCO LIGHTING AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $1 OR THE AMOUNT YOU HAVE PAID TO LUXCO LIGHTING FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

10. TERMINATION, DELETION OR RESTRICTION OF ACCESS AND INFORMATION

LUXCO LIGHTING reserves the right, in its sole discretion, to terminate your access to any or all of LUXCO LIGHTING’s websites and the related services or any portion thereof at any time, without notice. LUXCO LIGHTING also reserves the right, in its sole discretion, to remove information provided or uploaded by you to any or all of LUXCO LIGHTING’s websites and the related services or any portion thereof at any time, without notice

11. INDEMNITY

You will indemnify and hold LUXCO LIGHTING, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

12. TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of LUXCO LIGHTING or the party that provided the trademarks, services marks, logos, and copyrighted works to LUXCO LIGHTING. LUXCO LIGHTING and any party that provided trademarks, service marks, logos, and copyrighted works to LUXCO LIGHTING retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

13. COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LUXCO LIGHTING’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying LUXCO LIGHTING and its affiliates that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. LUXCO LIGHTING’s agent for notice of claims of copyright infringement on its site can be reached as follows:

LUXCO LIGHTING

Legal Department

8910 Pine Ave

St. Louis, MO 63144

United States of America

14. SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). LUXCO LIGHTING will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that LUXCO LIGHTING considers insecure, LUXCO LIGHTING will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, LUXCO LIGHTING reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. LUXCO LIGHTING reserves the right to investigate suspected violations of these Terms of Use. LUXCO LIGHTING reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction LUXCO LIGHTING to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS LUXCO LIGHTING FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LUXCO LIGHTING INC. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LUXCO LIGHTING INC. OR LAW ENFORCEMENT AUTHORITIES.

15. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of Missouri, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Missouri in connection with any dispute between you and LUXCO LIGHTING arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Saint Louis, Missouri, unless jurisdiction over a party requires the selection by LUXCO LIGHTING of a different venue.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and LUXCO LIGHTING as a result of this agreement or use of LUXCO LIGHTING’s websites.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and LUXCO LIGHTING with respect to LUXCO LIGHTING’s websites.

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.

Any legal claim in any form alleged by you or any related party must be filed with a court in the above listed exclusive jurisdiction within one year of the alleged event giving rise to the claim, and in no case later than two years from your acceptance of this Agreement. Notice of any such alleged breach or claim under this Agreement shall be provided by certified mail to and also by facsimile at:

LUXCO LIGHTING

Legal Department

8910 Pine Ave

St. Louis, MO 63144

United States of America

Info@LuxcoLight.com

You will be liable for LUXCO LIGHTING’s reasonable attorney’s fees and costs associated with its seeking to defend or enforce its rights under this Agreement.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

LUXCO LIGHTING may revise these Terms of Use at any time by updating this posting.

Revised: May 18rd, 2019