Terms and Conditions
Last updated: June 2015
- Eligibility. You must be at least 18 years of age to use, including to place any order through, the Service, and you may not use the Service if you have previously been suspended or removed from the Service. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
- Accounts and Registration. You may need to register with us in order to use certain aspects of our Service. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, in many cases you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at [email protected]
- Payment. Certain activities through or features of the Service, such as placing an order, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. A sales tax may be charged on any order placed through the Service, based on the location the order is billed to and the applicable sales tax in effect at the time of purchase. Please review the order-related terms available through the Service for more information about our pricing, shipping and processing charges, return policies, and our product warranty disclaimer, which are hereby incorporated by reference and may be updated from time to time by Alcon Lighting. Each order will be subject to the applicable Terms in effect at the time of purchase. Except as expressly provided at the time you place an order or in any of the foregoing order-related terms, all fees are in U.S. Dollars and are non-refundable. Alcon Lighting may change the fees for any activity through, or feature of, the Service, including by adding additional fees or charges, on a going-forward basis at any time. Alcon Lighting, or its third-party payment processor, will charge the payment method you specify at the time of purchase. You acknowledge and agree that you may be responsible for the payment of certain processing or other transactional fees depending on the payment method you specify. You authorize Alcon Lighting to charge, or to have charged on its behalf, all sums described herein to such payment method. If you pay any applicable fees with a credit card, Alcon Lighting may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
- Risk of Loss. Except as otherwise set forth herein or in any applicable Additional Terms (as defined in Section 12.2 below), the risk of loss for and title to products purchased on or through the Service passes to you upon delivery to the carrier. For more information about shipping and delivery of products ordered through the Service, please review the Shipping + Delivery policy, which is hereby incorporated by reference into these Terms, or contact our Customer Service team (contact information available at http://www.alconlighting.com/customer-service.html).
- Returns and Refunds. If you are not fully satisfied with a purchase made through the Service, you may be able to return it as set forth in the Returns policy currently located at http://www.alconlighting.com/returns.html (the "Returns policy"), which is hereby incorporated by reference into these Terms. Please review the Returns policy or contact our Customer Service team (contact information available at http://www.alconlighting.com/customer-service.html) for more information.
- Product Availability and Descriptions. Following your placement of an order through the Service, Alcon Lighting may send an email or otherwise acknowledge that the order has been received; however, unless expressly stated therein, this does not signify confirmation of a product’s price or availability or indicate that the order has been accepted or shipped. While Alcon Lighting strives to include accurate information and descriptions (including prices, images, specifications, and availability) of products on the Service, it does not warrant that such information is accurate, complete, reliable, current, or free of errors. Alcon Lighting reserves the right, but is not obligated, to modify, correct, or update information relating to any products available through the Service at any time in its sole discretion, without prior notice. If you receive a product which is not as described on the Service at the time of your order, your sole and exclusive remedy is to return the unused product as permitted pursuant to Section 5 of these Terms.
- Digital Millennium Copyright Act
- 7.1 - DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:
- c/o Alcon Lighting
- 2845 S Robertson Blvd, Los Angeles, CA 90034
Or Email: [email protected]
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- 9.1 - use the Service for any purpose other than for Your personal use only, solely as permitted by the provided functionality of the Service and these Terms
- 9.2 - use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
- 9.3 - unless expressly permitted, copy, reproduce, distribute, publish, display, perform, transmit, stream, broadcast, modify, create derivative works of, sell, license or in any way exploit any part of the Service;
- 9.4 - violate the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
- 9.5 - post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- 9.6 - bypass or interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine User Content or any other Materials from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage;
- 9.7 - interfere with the operation of the Service or any user's enjoyment of the Service, including without limitation by: (a) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (b) making unsolicited offers or advertisements to other users of the Service; (c) attempting to collect, personal information about users or third parties without their consent; or (d) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
- 9.8 - use, display, mirror, frame or utilize framing techniques to enclose the Service, or any portion thereof, unless and solely to the extent Alcon Lighting makes available the means for embedding any part of the Service, such as materials related to products listed on the Service.
- 9.9 - perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
- 9.10 - sell or otherwise transfer the access granted in the Terms or any Materials (as defined in Section 11) or any right or ability to view, access, or use any Materials; or
- 9.11 - attempt to do any of the foregoing in this Section 9, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 9.
- 12.2 - Additional Terms Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service, subject to Section 13. All of these Additional Terms are hereby incorporated by reference into and made a part of these Terms.
NOTWITHSTANDING THE FOREGOING, CERTAIN SUPPLIERS OR PROVIDERS OF PRODUCTS SOLD THROUGH THE SERVICE MAY SEPARATELY PROVIDE LIMITED WARRANTIES WITH RESPECT TO THEIR PRODUCTS SOLD THROUGH THE SERVICE. THE DISCLAIMERS IN THIS SECTION 16 DO NOT APPLY TO SUCH PRODUCT WARRANTIES PROVIDED SEPARATELY BY THE SUPPLIERS OR PROVIDERS. PLEASE REVIEW THE RETURNS POLICY OR CONTACT THE ALCON LIGHTING CUSTOMER SERVICE TEAM (CONTACT INFORMATION AVAILABLE AT HTTP://WWW.ALCONLIGHTING.COM) FOR INFORMATION REGARDING SUCH SPECIFIC PRODUCT WARRANTIES AND THE AVAILABILITY THEREOF.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE Alcon Lighting ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE Alcon Lighting ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS, PRODUCTS, SERVICES, OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO Alcon Lighting FOR THE SERVICE OR PRODUCT TO WHICH YOUR DISPUTE RELATES IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (B) $50.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- 20.1 - Generally. In the interest of resolving disputes between you and Alcon Lighting in the most expedient and cost effective manner, you and Alcon Lighting agree that any and all disputes arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Alcon Lighting ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- 20.2 - Exceptions. Notwithstanding subsection 20.1, we both agree that nothing in the Terms will be deemed to waive, preclude, or otherwise limit either of our right to: (a) bring an individual action in small claims court; (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address intellectual property infringement claims.
- 20.3 - Arbitrator. Any arbitration between you and Alcon Lighting will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Alcon Lighting.
- 20.4 - Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Alcon Lighting's address for Notice is: Alcon Lighting, Legal Department, 2845 S Robertson Blvd, Los Angeles, CA 90034 . The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Alcon Lighting may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Alcon Lighting will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Alcon Lighting will pay you: (x) the amount awarded by the arbitrator, if any, (y) the last written settlement amount offered by Alcon Lighting in settlement of the dispute prior to the arbitrator’s award; or (z) $1,000.00, whichever is greater.
- 20.5 - Fees. In the event that you commence arbitration in accordance with these Terms, Alcon Lighting will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Los Angeles County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Alcon Lighting for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
- 20.6 - No Class Actions. YOU AND Alcon Lighting AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Alcon Lighting agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- 20.7 - Modifications In the event that Alcon Lighting makes any future change to this arbitration provision (other than a change to Alcon Lighting's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Alcon Lighting's address for Notice, in which case your account with Alcon Lighting will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
- 20.8 - Enforceability. If Subsection 20.6 is found to be unenforceable or if the entirety of this Section 20 is found to be unenforceable, then the entirety of this Section 20 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 18 will govern any action arising out of or related to these Terms