Terms - Shine On LED

TERMS AND CONDITIONS

AGREEMENT BETWEEN USER AND SHINE ON LED LIGHTING SCIENCES GROUP, LLC (“SHINEON LED”) AND SHINE ON LED.

The Shine On LED Web Site is comprised of various Web pages operated by Shine On LED. The Shine On LED Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Shine On LED Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Shine On LED reserves the right to change the terms, conditions, and notices under which the Shine On LED Web Site is offered, including but not limited to the charges associated with the use of the Shine On LED Web Site.

COPYRIGHT AND TRADEMARK NOTICES

TRADEMARKS

Better. Brighter. Clearer.™, “Lightblade™, “Lightblade Elite™, “Shine On LED™, LED Lighting Naturally™, Custom LED Lighting Designed and Delivered™, and “Plug and Play LED Ecosystem™ are all Trademarks of Shine On LED / Shine On LED Lighting Sciences Group, LLC The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

LINKS TO THIRD PARTY SITES

The Shine On LED Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Shine On LED and Shine On LED 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. Shine On LED is not responsible for webcasting or any other form of transmission received from any Linked Site. Shine On LED is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Shine On LED of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Shine On LED Web Site, you warrant to Shine On LED that you will not use the Shine On LED Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Shine On LED Web Site in any manner which could damage, disable, overburden, or impair the Shine On LED Web Site or interfere with any other party's use and enjoyment of the Shine On LED Web 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 Shine On LED Web Sites.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Shine On LED WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Shine On LED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Shine On LED WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Shine On LED WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Shine On LED 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 Shine On LED WEB 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. Shine On LED 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 Shine On LED 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 Shine On LED WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Shine On LED WEB 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 Shine On LED WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Shine On LED WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Shine On LED 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 Shine On LED WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Shine On LED WEB SITE.

TERMINATION/ACCESS RESTRICTION

Shine On LED reserves the right, in its sole discretion, to terminate your access to the Shine On LED Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and Ohio, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Francisco County, California, U.S.A and/or Mahoning County, Ohio. in all disputes arising out of or relating to the use of the Shine On LED Web Site. Use of the Shine On LED Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Shine On LED as a result of this agreement or use of the Shine On LED Web Site. Shine On LED's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Shine On LED's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Shine On LED Web Site or information provided to or gathered by Shine On LED 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 Shine On LED with respect to the Shine On LED Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Shine On LED with respect to the Shine On LED Web 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 an d 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 drawn up in English.