By accessing and using the Sites, you acknowledge and agree to abide by these TERMS. If you do not agree to these TERMS, do not use the SITES.
All text, images, graphics, photographs, trademarks, logos, designs, sounds, music, artwork, advertisements, documents, data, files, interfaces, computer code and all other content, and any arrangement thereof, (collectively, “Content”) on the Sites is owned or controlled by, or licensed to, LEDVANCE and are protected by United States and international copyright, trademark, patent, trade dress and other proprietary rights laws. No right, title or interest in or to the Sites or Content is transferred to you, and all rights not expressly granted are reserved by LEDVANCE and its licensors. These Terms permit you to use the Sites and Content for your personal, non-commercial informational use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content, except as follows:
You must not:
If authorized by LEDVANCE in writing, any usage of text, graphics, photographs, or other content obtained from the Sites must include a legible copyright notice in the form "© LEDVANCE LLC 2001 - 2016. All rights reserved worldwide." Certain content on this website, including product images and trademarks, may be owned by third parties and licensed to LEDVANCE. In these instances, if LEDVANCE is able to authorize the use, there may be additional or different credit requirements.
Certain photography on the Sites is courtesy of Paul Kevin Picone/PIC Corp.
If you wish to make any use of any content other than that set out in this section, please address your request to: firstname.lastname@example.org
Third Party Sites and Content
The Sites may contain links to unaffiliated third party web sites (“Third Party Sites”) over which LEDVANCE has no control. These links are provided solely as a convenience to you. LEDVANCE does not endorse any company or products associated with the Third Party Sites. LEDVANCE assumes no responsibility or liability for these Third Party Sites. You agree that you assume sole responsibility, risk and liability for your use of any Third Party Sites.
The Sites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, or reporting services. All statements or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. LEDVANCE is not responsible or liable for the content or accuracy of any materials provided by any third parties.
You may link to a Site homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement without our express written consent.
The Sites may provide certain social media features that enable you to:
You agree to cooperate with us in terminating any unauthorized framing or linking . LEDVANCE may withdraw linking permission and disable any social media features and any links at any time without notice.
You agree to indemnify and hold harmless LEDVANCE, its officers, directors, employees, agents, subsidiaries, and affiliates, from any and all third party claims, demands, loss, liability or expenses (including attorneys’ fees) due to or arising out of or in conjunction with your use of the SITES and CONTENTS, your violation of the TERMS, or your violation of the rights of another.
Changes and Updates
LEDVANCE reserves the right, to make changes or updates to the Sites, the Content and these Terms at any time and without notice. Your continued use of the Sites and Content shall indicate your acceptance of the amended Terms.
Registration and Privacy
In order to access some of the services on this Sites, you may require a separate account and password that can be obtained by completing our online registration form, which requests certain information and. By registering, you agree that all information provided is complete, true and accurate. You are responsible for any activity conducted through your account.
The Sites may contain message boards, forums, bulletin boards or other interactive features that allow users to post, submit, publish, display or transmit content or materials (“User Contributions”).
Any User Contribution will be considered non-confidential and non-proprietary. By providing a User Contribution, you grant LEDVANCE and our affiliates and service providers an irrevocable, royalty-free, worldwide, perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties such material for any purpose and in any format or medium.
You warrant that: (1) you own or control all rights in and to the User Contributions and have the right to grant the rights granted above to us; and (2) your User Contributions comply with these Terms and applicable law. LEDVANCE is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user.
Unsolicited Idea Submission Policy
Please note that LEDVANCE does not accept or consider unsolicited ideas, including without limitation ideas for new or improved products, manufacturing processes, materials, marketing techniques, advertising strategies, website layout, or product names. We kindly request that you do not submit any unsolicited ideas, suggestions or other creative materials (“Unauthorized Submissions”) in any form to LEDVANCE or any of its employees. This policy seeks to avoid the potential for misunderstandings that might otherwise arise when products that are the result of LEDVANCE’s ongoing development efforts might appear somewhat similar to Unauthorized Submissions sent to LEDVANCE. If, despite our request, you still submit an Unauthorized Submission, the following terms shall apply to your submission regardless of any terms included in your submission:Terms of SubmissionYou agree that: (1) your entire submission immediately becomes the property of LEDVANCE, without any compensation to you; (2) LEDVANCE has no obligation to keep your submission confidential; (3) LEDVANCE may use or further distribute the entire submission for any purpose whatsoever and in any way it deems proper; and (4) LEDVANCE has no obligation to review the submission, return it to you, or notify you in any way.
In accessing or using the Sites, or posting any User Contribution to the Sites, you shall not:
You agree that LEDVANCE at its sole discretion and without prior notice may terminate, suspend, or block your access to the Sites if LEDVANCE determines that you have violated the Terms or acted in a way that is detrimental to the operation of the Sites, other users, or the reputation or business of LEDVANCE and its affiliates. LEDVANCE reserves the right, but does not have the obligation, to remove any materials it deems objectionable without any notice to you.
Notice of Infringement
LEDVANCE respects the intellectual property of others. If you believe any copyright, trademark, or other property rights have been infringed by a posting on any Site, you should send notification to our Designated Agent (identified below) immediately. The notification must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent for notice of claims of infringement can be reached as follows:
Attn: General Counsel
200 Ballardvale St, Wilmington, MA 01887
Upon receipt of a notice of a claim of infringement, we may immediately remove the identified materials from the Site without liability to you or any other party.
Important Notice Concerning Product Information
The Content, including product descriptions, specifications and other information, is provided for general information purposes only and is not a representation or warranty as to the suitability of a product for any particular application or use. We do not have the same degree of knowledge that the purchaser has with respect to the intended use or application of our products. Therefore, it is up to the purchaser to make his own determination as to the suitability of a product for the intended application or use and to assume responsibility for that determination.
It is LEDVANCE’s desire to supply the best possible products at all times. For this reason, LEDVANCE reserves the right to make changes, at any time and without notice, to its product and service offerings, including discontinuing any product or service. LEDVANCE does not guarantee that any product or service listed in the Sites, described in the Content, or included in any online catalog will be available at the time of order.
Disclaimer of Warranties
THE SITES AND CONTENT ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND CONTENT. LEDVANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
The Content -- including specifications and other product information-- is believed to be accurate. However, LEDVANCE MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT, AND DOES NOT ACCEPT OR ASSUME RESPONSIBILITY OR LIABILITY FOR ERRORS, CHANGES, OMISSIONS, OR FOR HARM RESULTING FROM YOUR RELIANCE ON ANY CONTENT.
LEDVANCE does not warrant that the Sites or Content will be error-free, or that any defects will be corrected, that your use will be uninterrupted or that any Content accessed through or downloaded from the Sites will be free of harmful code or will not adversely affect your device or network.
You agree that any misuse of the Sites or Content may cause irreparable harm to LEDVANCE for which money damages would not be sufficient. Therefore LEDVANCE is entitled to injunctive relief to stop such misuse or potential misuse in addition to any other remedies it may have at law or equity.
You agree that all matters relating to your access and use of the Sites and Content, including all disputes shall be governed by the laws of the United States and the laws of the Commonwealth of Massachusetts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are expressly excluded. You further hereby: (i) agree to personal jurisdiction by the state and federal courts of Massachusetts, (ii) agree that the state and federal courts having jurisdiction over and located within Suffolk County, Massachusetts shall be the exclusive venues for all disputes, and (iii) waive any objection to such jurisdiction and venue, including any objection based on forum non conveniens. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL ACTION ARISING OUT OF THESE TERMS OR USE OF THE SITES. Any claims brought by you relating to the Sites and Content must be brought within one (1) year after the claim first arises or such claim is barred.
Limitation of Liability
IN NO EVENT WILL LEDVANCE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DAMAGES DUE TO BUSINESS INTERRUPTION, AND DAMAGES DUE TO LOSS OF DATA OR INFORMATION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES OR CONTENT, EVEN IF LEDVANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY AGAINST LEDVANCE FOR ANY DISSATIFACTION, DAMAGES, LIABILITY OR INJURY RELATING TO YOUR USE OF THE SITES OR CONTENT IS TO STOP USING THE SITES OR CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN you and LEDVANCE and Your use of the sites OR CONTENTS constitutes good and sufficient consideration for such bargain, the reciept of which you hereby acknowledge. You acknowledge that LEDVANCE makes the Sites available to you at no cost based in part upon the foregoing limitations of liability, and that LEDVANCE has expressly relied on such limitations of liability.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES AND CERTAIN LIABILITIES OR WAIVER OF RIGHTS. SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
These Terms set forth the entire understanding between you and LEDVANCE regarding your use of the Sites and Content and supersedes any prior or contemporaneous agreements, understandings or communications, oral or written, relating to such use.
If any provision of these Terms is made or found to be unenforceable or illegal, such provision shall be eliminated or limited to the minimum extent so that the remaining provisions of the Terms will remain enforceable.
Any failure by LEDVANCE to enforce or exercise any right or provision of these Terms will not waive future enforcement or exercise of that right or provision.
Copyright © 2001-2015 LEDVANCE LLC. All rights reserved.
LEDVANCE LLC., 200 Ballardvale St, Wilmington, MA 01887
Last Updated On: Oct. 24, 2016
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