INLIGHTEN STORE TERMS & CONDITIONS
Your consent
BY USING OUR SITE, YOU CONSENT AND AGREE TO TESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. These terms and conditions apply to all visitors and users of this website. By accessing this website you acknowledge acceptance of these terms and conditions. inLighten, Inc. ("inLighten") reserves the right to change these terms and conditions from time to time in its sole discretion and the new terms shall apply to all visitors and users of this website after the change(s) is(are) posted online. In the case of any violation of these terms and conditions, inLighten reserves the right to seek all remedies available by law and in equity for such violations. These terms and conditions apply to all visits to the inLighten website, both now and in the future. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of inLighten. The collective work includes works that are licensed to inLighten and are Copyright 2015, inLighten Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with inLighten or purchasing inLighten products, and inLighten services (hereafter collectively and individually, “Products”). You may, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own personal non-commercial use, or to place an order with inLighten (e.g. to purchase Products). Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized in writing by inLighten. In addition, you may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
We may terminate or suspend an account, deny access to a site or service, or terminate or suspend any user who is alleged to have infringed the copyright or proprietary rights of another, including inLighten.
Trademarks
The trademarks, logos and service marks ("Marks") displayed on this website are the property of inLighten or other third parties. Users are not permitted to use these Marks without the prior written consent of inLighten or such third party which may own the Mark. "inLighten" is a registered trademark of inLighten, Inc.
General Disclaimer
Although inLighten has attempted to provide accurate information on the website, inLighten assumes no responsibility for the accuracy of the information. inLighten may change the Products mentioned at any time without notice. Mention of non-inLighten products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
THIS SITE AND THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITH ALL FAULTS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INLIGHTEN AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. INLIGHTEN DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INLIGHTEN DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
INLIGHTEN AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, THE MATERIALS AND/OR INFORMATION ON THIS SITE, ANY PRODUCT OR THE PERFORMANCE OF ANY OF THE PRODUCTS, EVEN IF INLIGHTEN OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT FULLY APPLY TO YOU.
Typographical Errors
In the event that a Product is mistakenly listed at an incorrect price or incorrect terms/conditions, inLighten reserves the right to refuse or cancel any orders placed for any Product listed at the incorrect price or incorrect terms/conditions. inLighten reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, inLighten may issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions, or any part of them, may be terminated by inLighten without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, General Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
You agree that inLighten, at its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the website, and remove and discard any Content connected with your use of the website, for any reason, including, without limitation, for lack of use or if inLighten believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. inLighten may also at its sole discretion and at any time suspend or discontinue providing the website, or any part thereof, with or without notice. You agree that any suspension or termination of your access to the website under any provision of the Terms and Conditions may be effected without prior notice, and acknowledge and agree that inLighten may immediately suspend, deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the website. Further, you agree that inLighten shall not be liable to you or any third-party for any suspension or termination of your access to the website. You also agree that inLighten does not have any obligation to perform suspension or termination of your account, even if such suspension or termination request is submitted by you or by any third-party on your behalf by means of telephone, fax, voice message, regular or electronic mail or otherwise.
Notice
inLighten may deliver notice to you by means of e-mail, a general notice on the site, or by other method to the address you have provided to inLighten.
Additional Terms and Conditions Regarding inLighten Products and Services
Any Product you order through or download from the Website is governed by: (i) any Usage Terms and Conditions accompanying the Product; or (ii) the Client Product/Service Order Terms and Conditions contained at www.inlighten......... or at a successor site designated by inLighten and incorporated herein by reference. inLighten in its sole discretion may from time to time post a successor version of the Client Product/Service Order Terms and Conditions applicable to its Products, which will then automatically replace the previously applicable Client Product/Service Order Terms and Conditions with respect to its Products ordered from and after the date of posting.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an inLighten or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any person or entity or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. You may not use the site in any way for any illegal purpose. inLighten may at any time and without advance notice suspend, terminate, modify or restrict your use of this site if inLighten determines in its sole discretion that your use of this site violates these Terms and Conditions, any other inLighten policy, any laws or regulations, is disruptive, causes a malfunction of the site, or is not suitable for the site.
Participation Disclaimer
inLighten does not and cannot review all communications and materials posted to or created by users and others accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that in the event you are provided with the ability to view and/or distribute user-generated content or other content on the site, inLighten is merely acting as a passive conduit for such viewing and/or distribution and is not undertaking any obligation or liability relating to any contents of the site or activities on the site. However, inLighten reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to inLighten in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless inLighten, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to use of the site and to use of your account (including negligent or wrongful conduct) by you or any other person accessing the site using your account.
Third-Party Links
This Web Site may contain links to third party sites. However, inLighten does not control the conduct and policies of such third party websites and is not responsible for the conduct or policies relative to such websites. These linked sites, likely have separate privacy and data collection practices, independent of inLighten. Access to any other Internet site linked to this Web Site is at the user's own risk and inLighten is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. InLighten provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. Nonetheless, inLighten seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it provides links to as well (including if a specific link does not work).
Privacy Policy and Terms
Please also visit our Privacy Policy section establishing the additional terms of use, disclaimers, and limitations of liability governing the use of our website.
Registration Obligations
In consideration of use of this site and ordering Products using the site, you agree to provide true, accurate, current and complete information about you and/or your business as prompted in the registration and ordering process, and to maintain and promptly update your Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or inLighten, in its sole discretion, suspects that such information is untrue, inaccurate, not current or incomplete, inLighten retains the right to suspend or terminate your account and refuse any and all current or future use of the site. We require all our users to keep all data, media, files, links and other information uploaded and linked to our site compliant with these terms and conditions and our other policies. All pricing terms are confidential, and you agree not to disclose them to any third party.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Products) shall be in the state or federal courts located in Erie County, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Products) must be commenced within one (1) year after the claim or cause of action arises. inLighten's failure to insist upon or enforce strict performance of any provision of these terms and conditions, or its other policies, terms and/or conditions shall not be construed as a waiver of any provision or right. These Terms and Conditions bind you and your successors and assigns. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. You and inLighten do not intend the benefits of this Agreement to inure to any third party. inLighten may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall in no way be affected or impaired thereby.
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