What are the Terms and Conditions?
Last updated: 2/5/20
Welcome to www.einsteinlighting.com (“Web Site”). This Web Site is owned by Einstein Technologies LLC and operated by Einstein Lighting (“Company” “Einstein Lighting”) (collectively “we” and “us”). In addition to the Content on the Web Site, the Web Site provides you with various shopping, e-commerce and community services (“Services”). Please read these Terms and Conditions of Use (“Terms”) carefully before using our Web Site and the Services. If you choose to continue to use or access this Web Site after having the opportunity to read these Terms, you recognize that we have provided valuable consideration by offering this Web Site free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. If you do not agree to these Terms, please do not use the Web Site and exit immediately.
THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW.
COPYRIGHT AND OWNERSHIP
All of the content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by us, our licensors, vendors, agents and/or our Content providers. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Web Site may only be used for the intended purpose for which such Web Site and Services are being made available. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print and download documents, audio and video found on our Web Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms, the use of any such material on any other web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and Services. The Web Site, its Content and all related rights shall remain the exclusive property of us or our licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Web Site.
PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Any video or audio recordings and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon our or our delivery of the items to our fulfillment agents or to the carrier. You are solely responsible for filing any claims with carriers for damaged and/or lost shipments.
ACCURACY OF INFORMATION
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. Except as prohibited by applicable Delaware law, we make no representation as to the completeness, accuracy or currency of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
THIRD PARTY LINKS
From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this web Site, you do so entirely at your own risk.
UNAUTHORIZED USE OF COMPUTER SYSTEM
You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Web Site or the Web Site or through Voice computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site.
USER GENERATED CONTENT – INFORMATION CONTROL
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Web Site post to the Web Site or transmit using the Web Site (“User Generated Content”) do not represent the views of Einstein Lighting or any individual associated with Einstein Lighting, and we do not control this User Generated Content. In no event shall you represent or suggest, directly or indirectly, Einstein Lighting endorsement of User Generated Content. We do not vouch for the accuracy or credibility of any User Generated Content on our Web Site, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Generated Content on our Web Site. Through your use of the Web Site and Services, you may be exposed to User Generated Content or non-User Generated Content that you may find offensive, objectionable, harmful, false, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Web Site, you assume all associated risks and indemnify Einstein Technologies and its affiliates from any liability.
USER GENERATED CONTENT – YOUR LICENSE TO US
User Generated Content remains the intellectual property of the individual user. By posting User Generated Content on our Web Site, or providing us with your “Instagram Username” during your use of this website, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Generated Content (or any content posted to an account on “instagram.com” related to the “Instagram Username”) throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called “moral rights” in those materials referenced above have been waived.
For all charges for any products and services sold on the Web Site, we will bill your credit card or alternative payment method offered by us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site.
ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
Neither we nor you shall be responsible for damages or for delays or failures in performance or shipping resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God (including the COVID-19 Pandemic), war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Except as prohibited by applicable Delaware law, the information, materials and Services provided on or through this Web Site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Except as prohibited by applicable Delaware law, neither we, nor any of our respective affiliates (i) warrants the accuracy or completeness of the information, materials or services provided on or through the Web Site or (ii) makes any commitments or assumes any duty to update such information, materials or services.
Neither we, nor any of our respective affiliates, warrant that the functions contained in this Web Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.
Except as prohibited by applicable Delaware law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Web Site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation, except as prohibited by applicable Delaware law. We make no warranties to those defined as “consumers” in the Magnuson-Moss Warranty Act.
LIMITATION OF LIABILITY
Your use of the Web Site is at your own risk. You agree that our sole obligation to you is to provide the Web Site “as is.” Except as prohibited by applicable Delaware law, neither we nor any of our employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Web Site shall be liable to you or to any third party for your use of, or the inability to use, the Web Site and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Web Site.
Except as prohibited by applicable Delaware law, in no event will we or any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Web Site, any web sites linked to this Web Site, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Please refer to your local laws for any such prohibitions. Delaware RESIDENTS: With respect to these Terms, the provision concerning the exclusion or limitation of certain damages is not applicable in Delaware with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Please refer to Section 16 below.
In the event of any problem with this Web Site or any Content, you agree that your sole remedy is to cease using this Web Site. In the event of any problem with the products or services that you have purchased on or through this Web Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Web Site. Except as prohibited by applicable Delaware law, in no event shall our total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) fifty dollars ($50.00) or (b) the value of your purchase on the Web Site.
LEGAL NOTICE TO Delaware RESIDENTS
No provision in these Terms shall apply to any consumer in Delaware if the provision limits redress for/under: (i) our tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) any Delaware Products Liability Acts (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) any Delaware Punitive Damages Acts (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) any Delaware Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) our failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by any Delaware Identity Theft Protection Acts, et seq., and any Delaware Consumer Fraud Acts, et seq.). With respect to these Terms, the provision concerning the exclusion or limitation of certain damages is not applicable in Delaware with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.
Except as prohibited by applicable Delaware law, you agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web Site or the Internet or your purchases or the placement or transmission of any message or information on this Web Site by you or your authorized users or your violation of any law or the rights of a third party.
In the event that you have a dispute with one or more other users of the Web Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Web Site in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
WEB SITE DISPUTES
“Web Site Disputes” include: (a) any claim you may have against us in connection with the Site, (b) any claim we may have against you in connection with the Site, and (c) any action to enforce the Terms and Conditions or to object to the Terms and Conditions. (d) Any claim arising from your purchase of a product or service. (e) Any claim arising from the content of any offer or advertisement on the Site.
All other disputes are Non-Web Site Disputes.
WEB SITE DISPUTE RESOLUTION – ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER
Neither you nor we will be able to sue in court in connection with a Web Site Dispute. All Web Site Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance to these Terms and Conditions, including this agreement to arbitrate, by continuing to use the Site after having the opportunity to review these Terms and Conditions.
You and we intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16.
You and we waive any rights to maintain other available resolution processes for Web Site Disputes, such as a court action or administrative proceeding, to settle disputes. You and we waive any right to a jury trial for Web Site Disputes.
Instead of suing in court, we each agree to settle Web Site Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the agreement as a court would.
Any Web Site Dispute shall be determined by arbitration in New Castle County, Delaware before one arbitrator(s). The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties.
To the extent a party commences any action with includes both Web Site Disputes and Non-Web Site Disputes, consideration of the Non-Web Site Disputes shall be stayed until the Web Site Disputes are fully arbitrated. Then, any Non-Web Site Disputes will be considered by any court of competent jurisdiction.
You agree that you will not file a class action against us, any affiliated persons, and our affiliated companies, or participate in a class action against us, any affiliated persons, and our affiliated companies, in any Web Site Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against us, any affiliated persons, and our affiliated companies, in any Web Site Dispute.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Delaware, U.S.A. You consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as prohibited by applicable Delaware law, we do not guarantee continuous, uninterrupted or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control including but not limited to acts of god, security breaches, hacking, or loss of data.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You agree that the Agreement may be automatically assigned by us in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Sections 9 (User Generated Content – Your License to Us); 11 (Access and Interference), 15 (Limitation of Liability), 16 (Legal Notice to Delaware Residents), 17 (Indemnity), and 18 (Release) shall survive any termination or expiration of this Agreement.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
In operating the Web Site, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Web Site. If you believe any material available via the Web Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Rohail Hemani, Einstein Lighting, firstname.lastname@example.org. Please provide the following notice: Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site; 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 declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; your address, telephone number, and email address; and your physical or electronic signature.
The Agreement constitutes the entire agreement between the user and us and supersedes any prior understandings or agreements (written or oral). If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact our Customer Service Department by email at email@example.com
COPYRIGHT AND TRADEMARKS NOTICE
All trademarks, service marks and trade names of Einstein Lighting used herein (including but not limited to: the Einstein Lighting name, the Einstein Lighting corporate logo, the Einstein Lighting Design, and the Head logo) (collectively “Marks”) are trademarks or registered trademarks of the Einstein Lighting Group, or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Einstein Lighting trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without Einstein Lighting’s prior written consent. The use of Einstein Lighting trademarks on any other web site or network computer environment is not allowed. This protects you, too. When you see the Einstein Lighting marks, you can be sure of our quality and performance. Einstein Lighting prohibits the use of Einstein Lighting trademarks as a “hot” link on or to any other web site unless establishment of such a link is approved in advance.