Terms of Use
LightingEvaluator ("LightingEvaluator") welcomes you to
its web site (the "web site"). On this web site, LightingEvaluator makes available
to you its Internet service along with information, software,
documents, communications, files, text, graphics, publications, content, tools,
forums, resources and links to other web sites.
Privacy Policy
LightingEvaluator respects your desire for privacy. Your information may be stored
and processed in the United States or any other country in which LightingEvaluator
or LightingEvaluator representatives and affiliates maintain facilities. This
information is highly protected and is stored in a secure and controlled environment.
By using this site, you consent to any such transfer of information outside of your
country and you consent to the terms of our Privacy Policy. LightingEvaluator
abides by the principles set forth in the Safe Harbor framework as set forth by
the U.S. Department of Commerce regarding the collection, use, and retention of
data from the European Union.
How LightingEvaluator will protect your personal information
LightingEvaluator will always protect the personal information that you share
with us. LightingEvaluator stores information internally in a controlled, secure
environment.
LightingEvaluator requests general demographic information in the sign-up process.
This information is limited to reporting purposes only. Phone numbers, email addresses,
and postal addresses are not shared for demographic reports with outside entities.
Though we make every effort to preserve user privacy, we may need to disclose personal
information when required by law wherein we have a good-faith belief that such action
is necessary to comply with a current judicial proceeding, a court order or legal
process served on our web site.
Acceptance of Terms
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB
SITE. By accessing and using this web site in any way, including, without limitation,
browsing the web site, using any information, using any content, using any services,
downloading any materials, and/or placing an order for products or services, you
agree to and are bound by the terms of use described in this document ("Terms of
Use"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS
OF USE, DO NOT USE THIS WEB SITE IN ANY MANNER. The Terms of Use are entered into
by and between LightingEvaluator and you. If you are using the web site on behalf
of your employer, you represent that you are authorized to accept these Terms of
Use on your employer's behalf.
LightingEvaluator reserves the right, at LightingEvaluator' sole discretion,
to change, modify, update, add, or remove portions of the Terms of Use at any time
without notice to you. Please check these Terms of Use for changes. Your continued
use of this web site following the posting of changes to the Terms of Use will mean
you accept those changes.
Use of Materials Limitations
All materials contained in the web site are the copyrighted property of LightingEvaluator, its subsidiaries, affiliated companies and/or third-party licensors. All
trademarks, service marks, and trade names are proprietary to LightingEvaluator,
or its subsidiaries or affiliated companies and/or third-party licensors.
Unless otherwise specified, the materials and services on this web site are for
your personal and non-commercial use, and you may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, products or services obtained
from the web site without the written permission from LightingEvaluator.
No Unlawful or Prohibited Use
As a condition of your use of the web site, you will not use the web site for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable, overburden,
or impair any LightingEvaluator server, or the network(s) connected to any Lotsa
Helping Hands server, or interfere with any other party's use and enjoyment of the
web site. You may not attempt to gain unauthorized access to services, materials,
other accounts, computer systems or networks connected to any LightingEvaluator
server or to the web site, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the web site.
Use of Services on the Web Site
The web site provides its users (called members) access to private networks,
created by the coordinator, designed to provide for communication amongst the members
of the network. The web site may contain email services, communities, calendars,
news groups, forums, and/or other message or communication facilities designed to
enable you to communicate with others within your network (each a "Communication
Service" and collectively "Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material that are proper and,
when applicable, related to the particular Communication Service.
LightingEvaluator reserves the right at all times to disclose any information
as LightingEvaluator deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in LightingEvaluator' sole discretion.
Always use caution when giving out any personally identifiable information about
yourself or your children in any Communication Services. LightingEvaluator does
not control or endorse the content, messages or information found in any Communication
Services and, therefore, LightingEvaluator specifically disclaims any liability
with regard to the Communication Services and any actions resulting from your participation
in any Communication Services. Coordinators and members are not authorized LightingEvaluator
spokespersons, and their views do not necessarily reflect those of
LightingEvaluator.
Spam Email and Postings
You agree that LightingEvaluator would be irreparably harmed by the use, by you
or others, of the web site or facilities in connection with the transmission of
spam newsgroup postings or unsolicited email in violation of these Terms of Use,
and that LightingEvaluator is entitled to obtain injunctive relief against any
such transmission (in addition to all other remedies available at law or in equity).
LightingEvaluator reserves the right to block, filter or delete unsolicited email.
Indemnity
You agree to indemnify, defend and hold LightingEvaluator, and its subsidiaries,
affiliates, officers, agents, co-branders, partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your submissions, your use of the web site, including any
use by your employees, your connection to the web site, your violation of the Terms
of Use, or your violation of any rights of another.
Advertisements and Promotions
LightingEvaluator may run advertisements and promotions from third parties on
the web site. The manner, mode and extent of advertising by LightingEvaluator
is subject to change. Your correspondence or business dealings with, or participation
in promotions of, advertisers other than LightingEvaluator found on or through
the web site, including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. LightingEvaluator is not responsible
or liable for any loss or damage of any kind incurred as the result of any such
dealings or as the result of the presence of such non-LightingEvaluator advertisers
on the web site.
Disclaimers and Other Notices on the User of the Web Site
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE, DOCUMENTATION,
MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY
KIND AND LightingEvaluator AND ITS AFFILIATES, PARTNERS AND SPONSORS HEREBY DISCLAIM
ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION,
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, LightingEvaluator AND ITS AFFILIATES,
PARTNERS AND SPONSORS DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET
ENJOYMENT.
LightingEvaluator, ITS AFFILIATES, PARTNERS AND SPONSORS, AND THE OFFICERS, MANAGERS,
EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS OF LightingEvaluator
AND ITS AFFILIATES PARTNERS AND SPONSORS (COLLECTIVELY REFERRED TO AS "COVERED PARTIES")
WILL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND
RESULTING IN ANY WAY FROM (A) ANY DEFICIENCY IN THE WEB SITE OR THE SERVICE PROVIDED
VIA THE WEB SITE (COLLECTIVELY, THE "SERVICE") OR ANY ERRORS IN THE SOFTWARE OR
OTHER MATERIALS ON WHICH IT IS BASED OR ANY INSTRUCTION OR OTHER MATERIALS DESCRIBING
THE SERVICE OR ITS USE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SERVICE (OR
ANY PART THEREOF), (C) ANY USE OF THE SERVICE BY YOU (REGARDLESS OF WHETHER YOU
RECEIVED ANY ASSISTANCE FROM A COVERED PARTY IN USING THE SERVICE), (D) YOUR USE
OF ANY EQUIPMENT IN CONNECTION WITH THE SERVICE, (E) THE LightingEvaluator WEB
SITE OR THE CONTENT THEREOF, OR (F) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE
REASONABLE CONTROL OF A COVERED PARTY. THE AGGREGATE LIABILITY OF THE COVERED PARTIES
IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR ANY MATTER
RELATED TO THE WEB SITE SHALL NOT EXCEED ONE THOUSAND DOLLARS. YOUR RIGHT TO MONETARY
DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE
AGAINST ANY COVERED PARTY. THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING
IN CONNECTION WITH THE SERVICE OR ANY MATTER RELATED TO THE WEB SITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY
AND ACCURACY OF THE INFORMATION WITHIN THE WEB SITE, MATERIALS, PUBLICATIONS AND
DOCUMENTS. THE WEB SITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. LightingEvaluator AND ITS AFFILIATES, PARTNERS
AND SPONSORS ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY SUCH
INACCURACIES, ERRORS OR OMISSIONS IN THE WEB SITE, MATERIALS, PUBLICATIONS AND DOCUMENTS
AND IN ANY OTHER REFERENCE.
LightingEvaluator MAY MAKE CHANGES TO THE WEB SITE, SERVICES ON THE WEB SITE,
INFORMATION, SOFTWARE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS,
PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEB SITE AT ANY
TIME AND WITHOUT NOTICE.
THE WEB SITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY
CONTAIN REFERENCES OR CROSS-REFERENCES TO LightingEvaluator PRODUCTS, PROGRAMS,
AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES
DO NOT IMPLY THAT LightingEvaluator INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS,
OR SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL LightingEvaluator BUSINESS CONTACT
FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES WHICH MAY BE AVAILABLE
TO YOU.
THE WEB SITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL
OF LightingEvaluator AND LightingEvaluator IS NOT RESPONSIBLE FOR THE CONTENTS
ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES
TO SUCH SITES. LightingEvaluator IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER
FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. LightingEvaluator IS PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY THAT LightingEvaluator ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT
ON SUCH THIRD-PARTY SITES.