Welcome to LIGHTINGSMART.COM. Any person who wishes to access the
Site to buy or sell for goods must accept the terms and conditions of this User
Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE
CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU
AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES
AND GUIDELINES INCORPORATED BY REFERENCE.
(hereinafter "LIGHTINGSMART.com") reserves the right to change any of the
terms and conditions contained in this Agreement or any policies or guidelines
governing the Site or Services, at any time and in its sole discretion. Any
changes will be effective upon posting of the revisions on the Site. You are
responsible for reviewing the notice and any applicable changes. Changes to
referenced policies and guidelines may be posted without notice to you. IF YOU
DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE
SERVICES OR THIS SITE.
Use of the Site and the Services is limited to parties that lawfully can enter
into and form contracts under applicable law. Without limiting the foregoing,
minors may not use the Services. Every person who uses the Services hereby
represents to lightingsmart.com that he or she is not a minor, is at least over
the age of eighteen (18) and may otherwise enter into and form binding
contracts under applicable law. To register, you must provide your real name,
address, phone number, e-mail address, and valid credit card information. The
valid credit card information must be satisfied when you submit your order.
Fees and Payment Terms.
No fee for buyers who are registering on this site. Any fee schedule and
payment terms in effect on the date of listing the item shall govern the
transaction. All prices are quoted in U.S. Dollars. Please note that we may
change the prices for our products from time to time. Please check the prices
and terms each time you participate. Each time you list an item you will have
an opportunity to review and accept the prices that will be charged for the
use of our listing products. We may in our sole discretion change some or all
of our products at any time. In the event we introduce a new product, the
prices for that product will become effective upon the launch of the product.
Applicable Policies and Guidelines.
You agree to
abide by the procedures and guidelines for conducting and participating in
transactions contained in the Help Pages, which are incorporated by reference
into, and made part of, this Agreement. The policies, procedures and
guidelines contained in the Help Pages explain the processes and set out
acceptable conduct and prohibited practices. These policies, procedures and
guidelines may be changed by lightingsmart.com in the future, and will be
effective immediately upon posting, without notice to you. You should
regularly refer to the Help Pages to understand the current procedures and
guidelines for participating and to be sure that the goods you offer for sale
or want to buy on the Site.
lightingsmart.com's Role and Responsibilities
lightingsmart.com features several types of shopping, and
lightingsmart.com's role and responsibilities vary in each such shopping-type.
lightingsmart.com Direct Shopping.
lightingsmart.com itself is the seller of the products offered in
lightingsmart.com Direct Shopping. In Direct Shopping, lightingsmart.com
undertakes responsibility for all aspects of the shopping and the selling
listing, including product descriptions, identification of quantities and
establishment of selling prices.
lightingsmart.com Direct Seller.
Through the lightingsmart.com Preferred Partner program, a variety of
merchants may directly list goods for selling. lightingsmart.com does
warehouse, ship and manage inventory or goods listed by lightingsmart.com
Direct Seller merchants. lightingsmart.com Direct Seller merchants list items
directly, and undertake responsibility for all aspects of their item
listings, including product descriptions, identification of quantities,
establishment of selling prices, establishment of reserve requirements (if
any) and shipping.
IT IS THE SELLER'S RESPONSIBILITY TO ACCURATELY DESCRIBE THE ITEM FOR
SALE. lightingsmart.com CANNOT ENSURE AND DOES NOT KNOW WHETHER (1) ANY
lightingsmart.com CONSUMER EXCHANGE LISTING IS ACCURATE, COMPLETE, MISLEADING
OR DECEPTIVE, (2) THE ITEM(S) LISTED ARE SAFE, LEGAL OR OF ACCEPTABLE
QUALITY, OR (3) THE SELLER AND BUYER WILL PERFORM AS PROMISED. ACCORDINGLY,
YOU SHOULD EXERCISE CARE IN ENTERING INTO ANY AGREEMENT WITH ANOTHER PERSON
IN THE lightingsmart.com CONSUMER EXCHANGE. BUYERS AND SELLERS USE THE
PRODUCTS IN THE lightingsmart.com CONSUMER EXCHANGE AT THEIR OWN RISK.
lightingsmart.com currently accepts credit card/debit card payments and
Open Account payments (for corporations only) for orders in
lightingsmart.com Direct shopping. lightingsmart.com honors Visa, MasterCard,
Discover and American Express.
that any payment method selected by you when placing an order shall enable
you to make full and immediate payment for the item(s) chosen. In the event
that the chosen payment method does not enable you to make full and
immediate payment for any reason, including without limitation insufficient
funds or credit decline, lightingsmart.com may in it sole and absolute
discretion cancel your order. At lightingsmart.com sole discretion, but
without any obligation, alternate payment methods may be arranged with the
buyer(s) in the case where a payment method has been declined.
pay sellers in Consumer Exchange through methods designated by applicable
lightingsmart.com Reservation of Rights.
lightingsmart.com retains the right, but does not have the obligation, to
immediately halt any selling items, prevent or restrict access to the Site or
the Services or take any other action to restrict access to or availability of
objectionable material, any inaccurate listing, any inappropriately
categorized items, any unlawful items or any items otherwise prohibited by the
procedures and guidelines contained in the Help Pages, and to correct any
inaccurate listing or any inappropriately categorized items in
lightingsmart.com Direct Shopping.
Your Transactions and Obligations.
Buyers and sellers create different obligations by accessing the Site and
using the Services. By listing an item by sellers in the Consumer Exchange,
you represent and warrant to prospective buyers that you have the right and
ability to sell, and that the listing is accurate, current and complete and is
not misleading or otherwise deceptive.
must provide a full refund directly to any buyer who remits payment, whether
directly or through any payment service, if the item cannot be shipped in 48
hours. Seller must provide the refund promptly, but in no case later than
thirty (30) days following the submitted order. Any buyer who believes
he/she may be entitled to a refund on this basis should contact the seller
Your password may be used only to access the Site, use the Services,
electronically sign your transactions and review your completed transactions.
You are solely responsible for maintaining the security of your password. You
may not disclose your password to any third party (other than third parties
authorized by you to use your account) and are solely responsible for any use
of or action taken under your password on this Site. If your password is
compromised you must change your password.
with Laws; Fraud.
The Site and Services only may be used for lawful purposes and in a lawful
manner. You agree to comply with all applicable laws, statutes and
regulations regarding use of the Products and Services, including in regard
to ordering, listing, purchasing and selling items. You may not register
under a false name or use an invalid or unauthorized credit card. You may
not make order under a false name, impersonate any participant, or use
another participant's password(s). Such fraudulent conduct is a violation of
federal and state laws. Fraudulent conduct may be reported to law
enforcement, and lightingsmart.com will cooperate to ensure that violators
are prosecuted to the fullest extent of the law.
limiting other remedies, lightingsmart.com may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your membership and
refuse to provide our products and services to you: (a) if you breach this
Agreement or the documents it incorporates by reference; (b) if
lightingsmart.com or any Direct Seller or Consumer Exchange vendor or seller is
unable to verify or authenticate any information you provide to
lightingsmart.com; or (c) if lightingsmart.com believes that your actions may
cause legal liability for you, other lightingsmart.com users or
Privacy, Monitoring and Disclosure.
lightingsmart.com is committed to protecting your privacy,
incorporated by reference into, and made part of, this Agreement.
and unless otherwise authorized or consented, you agree not to use any
information regarding other participants which is accessible from the Site
or disclosed to you by lightingsmart.com except to enter into and complete
transactions. You agree not to use any such information for purposes of
solicitation, advertising, unsolicited e-mail or spamming, harassment,
invasion of privacy, otherwise objectionable conduct or otherwise
lightingsmart.com has the right, but not the obligation, to monitor any
activity and content associated with this Site. lightingsmart.com may
investigate any reported violation of its policies or complaints and take
any action that it deems appropriate. Such action may include, but is not
limited to, issuing warnings, suspension or termination of service, denying
access and/or removal of any materials on the Site, including listings and
bids. lightingsmart.com reserves the right and has absolute discretion, to
remove, screen or edit any content that violates these provisions or is
As permitted by applicable law, lightingsmart.com also reserves the right to
report any activity that it suspects violates any law or regulation to
appropriate law enforcement officials, regulators, or other third parties.
In order to cooperate with information requests, to protect lightingsmart.com
systems and customers, to allow users to resolve disputes, or to ensure the
integrity and operation of lightingsmart.com business and systems or other
purposes deemed reasonable by lightingsmart.com, lightingsmart.com may access
and disclose any information it considers necessary or appropriate,
including, without limitation, user contact details, IP addressing and
traffic information, usage history and posted content.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CUSTOMER'S USE OF
AND RELIANCE THEREON ARE AT CUSTOMER'S OWN AND SOLE RISK. lightingsmart.com
MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE,
ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THE CONSUMER
EXCHANGE ON THE SITE WILL BE AS REPRESENTED BY SELLERS, LAWFUL TO SELL, OR
THAT SELLERS OR BUYERS IN THE CONSUMER EXCHANGE WILL PERFORM AS PROMISED;
WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT
ARISING FROM THE NEGLIGENCE OF lightingsmart.com.
TO THE FULL
EXTENT PERMISSIBLE UNDER APPLICABLE LAW, lightingsmart.com DISCLAIMS ANY AND ALL
SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU
OBTAIN FROM lightingsmart.com OR THROUGH THE USE OF SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
BECAUSE lightingsmart.com IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND
SELLERS OR OTHER PARTICIPANT DEALINGS IN THE CONSUMER EXCHANGE SELLING
COMMUNITY, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU
RELEASE lightingsmart.com (AND ITS AGENTS 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.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH
SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY
RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON
LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER
IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH
WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY lightingsmart.com.
Limitation of Liability.
lightingsmart.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING
WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND
CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
THE SITE, THE PEODUCTS AND SERVICES, THE INABILITY TO USE THE SERVICES OR
THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH
DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD lightingsmart.com AND OUR SUBSIDIARIES,
PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM
AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES
(INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION
WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED
BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR
INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY
THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY
COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY
RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Applicable Law and Arbitration.
The laws of
the State of New York govern this Agreement and all of its terms and
conditions, without giving effect to any principles of conflicts of laws.
YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR OUR PRODUCRS SHALL BE SETTLED BY BINDING ARBITRATION IN
ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION
ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN
INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY
CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN
NEW JERSEY, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY
COURT HAVING JURISDICTION THEREOF. EITHER YOU OR lightingsmart.com MAY SEEK ANY
INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN
CHICAGO, ILLINOIS, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR
lightingsmart.com PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY
IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE
JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF
THESE TERMS AND CONDITIONS.
lightingsmart.com, in its sole discretion, may terminate or modify this
Agreement, access to the Site or the Services, or any current selling
immediately without notice for any reason.
If you believe that you have been defamed in some manner by the
lightingsmart.com Web site or your own work has been copied in a way that
constitutes copyright infringement, please provide lightingsmart.com Copyright
Agent the following information in writing: (i) an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest or the person defamed, along with your address, phone
number, and email address; (ii) a description of the defamatory material, or
the copyrighted work that you believe has been infringed, and a description of
where the material that you claim is defamatory or infringing your rights is
located on the lightingsmart.com Web site; (iii) a statement by you that you
have a bona fide, good faith belief that the defamatory activity has occurred
or that the use by a third party of your proprietary rights is not permitted
by the copyright owner or by law; and (iv) a statement that the information
provided is accurate and that, under penalty of perjury, you are the allegedly
defamed party or the copyright owner or authorized agent to at on the
copyright owner's or allegedly defamed person's behalf.
lightingsmart.com 's Copyright Agent to receive the foregoing information related
to copyright infringement or defamation on its site is:
Taiga Lighting, Inc.
29-50 137 Street, Suite 4B
Flushing, New York NY 11354
Copyright©2006 lightingsmart.com, Inc . All Rights Reserved. Use of
this Web site constitutes acceptance of the lightingsmart.com User
subject to change without notice. lightingsmart.com is not responsible
for any typographical or photographic errors which may appear on our