Terms & Conditions
Terms & Conditions
SECTION 1 - By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information or any personal financial data), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We assume no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error- free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
As a client you agree that, if needed, we have the right to remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non- infringement.
In no case shall Gearbunch, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or otherwise made available via the service. This is effective even if advised of said possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 3 -
Any dispute relating to any activity on LightpathLED.com or the purchase of any LightpathLED products shall be submitted to confidential arbitration in New York, unless you have in some way threatened or violated LightpathLED intellectual property rights, whereby LightpathLED may seek an injunctive.
The technology underlying, and the entire content included in, the 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 LightpathLED and is protected by copyright and other intellectual property or proprietary rights. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this service to be 100% accurate.
All trademarks, service marks, and trade names of LightpathLED on the site are trademarks or registered trademarks of LightpathLED, or their respective owners. The user acknowledges and agrees that they are solely responsible for all the user data that is made available through such means. Accordingly, they represent and warrant that: (1) they have all rights, licenses, consents and releases necessary to grant LightpathLED the required rights to disseminate any user data and (2) neither their data nor their posting, uploading, publication, submission or transmittal of this data or LightpathLED's use of their uploaded data (or any portion thereof) on, through or by the means of LightpathLED will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or any intellectual property rights, rights of publicity, privacy or will result in the violation of any applicable law or regulation.
We may provide you with access to third-party tools which we neither monitor, control nor place any input. The user acknowledges and agrees that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and in approval of the terms by which said tools are provided from the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and
resources). Such new features and/or services shall also be subject to these aforementioned Terms of Service.
SECTION 4 -
Certain content, products and services available via our service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are unaffiliated with us. We are not responsible for examining or evaluating the content or accuracy. We do not warrant and will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.