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Terms & Conditions
Configurator Web Site Use Agreement
 
Welcome to Tech Lighting's Configurator Web Site Use Agreement (the "Site").  To use the Site, you must first accept these terms and conditions by checking the acceptance at the end. Also, by using this Site, you indicate your acceptance of these terms.  The terms "you" or "your" refer to the individual(s) accessing the Site and the distributor on whose behalf those individual(s) are doing so. 
 
You may review this Use Agreement at any time by clicking on the "Agreements" link appearing in one or more pages in the Site.

1.	 This Use Agreement states the terms and conditions of your use of the Site. Through the Site, Tech Lighting is making available to you interactive computer services via compatible equipment that can connect to the Site.   
 
You agree to use the Site only in accordance with this Use Agreement. Tech Lighting may amend or terminate this Use Agreement at any time by posting a new agreement and obtaining your electronic acceptance.  You also agree to abide by any other rules, procedures, standards, requirements, or conditions established by Tech Lighting regarding use of the Site that are communicated to you via the Site or other means.   
 
Tech Lighting grants you a non-transferable, non-exclusive license to access this Site, to view and download information contained at this Site, and to interact with the Site where permitted, solely for your own company's internal use, subject to your ongoing compliance with all terms of this Use Agreement.  You are solely responsible for providing and maintaining all equipment, software (other than software expressly provided by Tech Lighting on the Site for your use) and services needed to access and use the Site in accordance with this Use Agreement.  You agree not to use the Site for any unlawful purpose.  You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or use it in any manner not expressly authorized by this Use Agreement.  You agree not to copy, reverse engineer, translate, port, modify or make derivative works of the Site.  You agree not to use the Site for any use involving the processing of data of other persons or entities. You do not receive any, and Tech Lighting retains all, ownership rights in the Site.
 
The Site may include third party software ("TPS") for your use with the Site. You are solely responsible for downloading, properly using and supporting TPS.  Tech Lighting provides no warranty for TPS, per Section 3 of this Agreement.  However, TPS manufacturers, suppliers, or publishers may provide their own warranties, so you should check with them. 
 

2.	Access to the Site may be limited or unavailable during periods of peak demand, systems upgrades, maintenance, or for other reasons.  If the Site is unavailable or delayed at any time, you agree to use alternative means to obtain information from or communicate with Tech Lighting.  


3.	The Site is provided to you on an "AS IS" and "WITH ALL FAULTS" basis. You assume the entire risk of loss in using the Site.  The Site may contain inaccuracies, omissions, errors or other defects.  Tech Lighting does not warrant that the Site will meet your needs or expectations, that the Site will be error free or uninterrupted, that errors can or will be corrected, that the Site is reliable or timely, or that any information on the Site will provide any particular results or usefulness.  Tech Lighting reserves the right to make changes and improvements to, or discontinue the Site or any part of it.   Further, Tech Lighting does not represent that the Site is appropriate or authorized for use in all countries, states, counties or other jurisdictions; accordingly, you are responsible for compliance with all applicable laws in accessing the Site.  
 
TECH LIGHTING MAKES AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS OR IMPLIED.  ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.  IN NO EVENT SHALL TECH LIGHTING BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES), IRRESPECTIVE OF WHETHER TECH LIGHTING HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES.  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH IN THIS USE AGREEMENT IS FOR ANY REASON WHATSOEVER HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT TECH LIGHTING'S LIABILITY SHALL NOT EXCEED TEN U.S. DOLLARS ($10).   
 
In addition, Tech Lighting has no obligation or liability resulting from any cause beyond its reasonable control, including but not limited to:  failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; bugs, errors, configuration problems or incompatibility of computer hardware or software; failure or unavailability of Internet access; problems with Internet service providers or other equipment or services relating to your computer; problems with intermediate computer or communications networks or facilities; problems with data transmission facilities or your telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes or labor disputes.  Tech Lighting is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site.   


4.	 This Site, all portions thereof, and all data, software and other information contained on the Site are Copyright © 2009 Tech Lighting.  All rights reserved.  The Site also contains confidential information that you may be obligated to protect from disclosure under the terms of your other agreements with Tech Lighting.  The information on the Site is the property of Tech Lighting and is protected by copyright and other applicable intellectual property law. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit that information in any manner unless the use is permitted by your other agreement(s) with Tech Lighting or Tech Lighting otherwise gives you express written consent.  You agree not to alter or remove any copyright notice or proprietary legend at the Site.  You also agree not to use the information on the Site for any unlawful purpose.  You agree to comply with reasonable written requests by Tech Lighting to protect Tech Lighting's rights in the information and the Site. Trademarks of Tech Lighting used on the Site are the property of Tech Lighting.  Other products or names may be the trademarks of their respective owners. 
 
5.	You will be responsible for the confidentiality and use of your password(s). You will be responsible for all access and use of this Site, and all information or orders entered, through and under your password(s) and any information or orders so received by Tech Lighting will be deemed to have been received from you.  You agree immediately to notify Tech Lighting, and to cooperate with Tech Lighting in addressing, if you become aware of:
 

a) Any loss or theft of your access password(s); or  
 
b) Any unauthorized use of any of your password(s) or of the Site, or any information on the Site; or  
 
c) Any receipt of confirmation of an order that you did not place, or any similarly inaccurate or conflicting report or information. 
 

Upon the reassignment or termination of any of your employees, you will take all steps necessary to secure Tech Lighting's data, software, hardware, and other property from intrusion by such employee.  Such steps shall include, but are not limited to, your removing the affected employee's I.D. from the Site and removing or adjusting a reassigned employee's I.D. to match that employee's new responsibilities, or other steps as deemed necessary by Tech Lighting in its sole discretion to prevent unauthorized access by such employee. 
 

6.	You acknowledge that data, including but not limited to, pricing, shipment, and invoicing information, may possibly be accessed by unauthorized third parties when communicated between you and Tech Lighting using the Internet or any other electronic means.  To reduce this risk, whenever you access the Site you agree to use the highest-level data security protocol supported by the Site.  However, because absolute security is impossible to obtain, you recognize and agree that Tech Lighting is not liable for any security breach.   


7.	You may use applications commonly known as Web Browser software that are compatible with the Site and other applications expressly approved by Tech Lighting in order to access or log on to the Site or to automate the process of obtaining, downloading, transferring or transmitting any content or information to or from the Site.  You agree not to use any other software, program, application or device for any of these purposes. 
 

8. 	Tech Lighting reserves the right to terminate or restrict your access to the Site or any portion of it in Tech Lighting's sole discretion, without notice and without limitation, for any reason whatsoever, including but not limited to the unauthorized use of your password(s) or breach of this Use Agreement.  This Use Agreement terminates automatically upon termination of the distributorship agreements between you and Tech Lighting.  In the event of a termination of this Use Agreement by Tech Lighting, Tech Lighting has no liability to you.   
 

9.	The Site may provide you with the capability to send electronic communications, such as e-mail, directly to Tech Lighting or Tech Lighting's representative and to interact within applicable areas of the Site.  You agree to the following terms with respect to your use of any electronic communications through the Site: 
 
a. You will not transmit information or orders to Tech Lighting using electronic communications except through those electronic features designated by Tech Lighting for those express purposes.  You acknowledge that Tech Lighting will not act upon any information or orders transmitted through electronic communications other than those you transmit through the designated features. 
 
b. Tech Lighting may, but is not obligated to, review or retain your electronic communications for, among other reasons, monitoring the quality of service you receive, your compliance with this Use Agreement or the security of the Site.  Tech Lighting is entitled to disclose your electronic communications to the same extent it may disclose other information about you or your account(s) as provided in its other agreement(s) with you. In no event will Tech Lighting be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of such activities by Tech Lighting.   
 
c. You will not use any electronic communication feature of the Site for any purpose that is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening, or injurious or detrimental to the Site or to Tech Lighting. 
 
d. You agree not to submit to the Site any information that infringes upon or violates the privacy, rights, trademarks, copyrights or other intellectual property rights of others, anything that is illegal, defamatory, obscene, harassing, offensive, objectionable or sexually explicit, that encourages a violation of the law, that contains a virus, that is off-topic, or, without Tech Lighting's permission, that contains any solicitation or advertising. 
 
e. Tech Lighting has the right, but is not obligated to, monitor the Site to determine your compliance with this Use Agreement, with your other agreement(s) with Tech Lighting, and with applicable laws. 
 
f. The Site may contain information submitted by third parties, including without limitation users and suppliers, and may also contain links to third party sites. Those third parties are solely responsible for the content, accuracy and originality of the information they submit.  Tech Lighting has no more control over such third party content than does a public library, newsstand, or bookstore, and Tech Lighting is not responsible for such third party content. Tech Lighting does not evaluate or endorse any third party information.  It is your responsibility to evaluate all information provided on the Site, or to obtain specific professional advice. 
 
g.	You agree to be bound by this Use Agreement and any other affirmance, assent or agreement you transmit through Tech Lighting electronic services you access by computer, including but not limited to any consent you give to receive communications from Tech Lighting through electronic transmission.  You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
 

10.    PRIVACY POLICY.   
 
a. Your identifying information is collected by Tech Lighting whenever you submit such information to the Site (for example, when logging on or placing orders). Under some circumstances, information may also be used or disclosed to third parties such as governmental agencies for law enforcement and compliance purposes, and when appropriate to identify, contact or bring legal action against someone who may be causing injury to or interference with Tech Lighting's, or others', rights or property.  We also may use the information you submit to improve or tailor the Site to your needs, or for other internal Tech Lighting business purposes.  Except for the types of uses set forth in this Agreement, identifying information submitted to Tech Lighting will not be distributed or published.  You can request correction of purported inaccuracies in the information on the Site by contacting the appropriate person indicated on the Site.  However, with respect to errors in an order, the order may be filled before a correction can be implemented.  
 
b. As do most major web sites, this Site uses cookies and may use other automated information collection means.  Cookies are information about you from the Site that is stored on your hard drive.  Cookies save you time because you do not need to manually reenter the information stored on your hard drive.  Cookies also help Tech Lighting upgrade the Site by showing when and how users utilize the Site. 
 
Here are some ways that the Site uses cookies: to make it easier for you to log on and use on the site. 
 
Tech Lighting may combine cookies with other personally identifying information already submitted. Your web browser in its default mode probably accepts cookies from this Site and all others.  If you wish, you can usually change the setting so that your browser does not accept cookies.  However, if you do so the Site may not function correctly, or at all. 
 
c. You agree that Tech Lighting may contact you via email, facsimile, telephone or other means of communication regarding the Site and your use thereof. 

d. The Site may also use IP addresses for the above purposes, and to analyze trends, administer the site, track users' movement, and gather broad demographic information for aggregate use.   
 
e. The Site has implemented and uses what Tech Lighting believes are reasonable security procedures to maintain the confidentiality of confidential information submitted to the Site, including without limitation firewalls and digital certificates.  However, because the Internet is a public and open facility, no security measures can, nor can we, guarantee or warrant complete confidentiality under all circumstances.  To help preserve your confidentiality, you are responsible for maintaining the confidentiality of your user name and password, and you should log off when you finish each session using the Site.  This privacy policy statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights on behalf of any party. 


11.    You acknowledge that, in providing you with access to the Site, Tech Lighting has relied upon your agreement to be bound by the terms of this Agreement.  You further acknowledge that you have read, understood, and agreed to be bound by the terms of (i) this Use Agreement, (ii) your distributorship and any brokerage agreement(s) with Tech Lighting; and (iii) any security agreement between you and Tech Lighting.  Nothing in this Use Agreement modifies or supersedes any of those other agreements.  In the event of a conflict between this Use Agreement and any other agreement(s) between you and Tech Lighting, the other agreement(s) control(s). 
 
12.    MISCELLANEOUS. 
 
a. You may not assign or delegate any part of this Use Agreement without Tech Lighting's prior written consent. 
 
b. The terms of the Uniform Commercial Code apply to this Use Agreement. 
 
c. This Use Agreement must be construed, and its performance enforced, under the internal laws of Illinois without reference to choice of law principles.  Any dispute relating to this Use Agreement or the Site may be litigated only in a court having jurisdiction and venue at the home office of Tech Lighting in Skokie, Illinois.  
 
c. Either party may terminate this Use Agreement at any time without cause. Upon any termination, your obligations under this Use Agreement continue, except that you agree to no longer access or use the Site. 
 
d. You understand that Tech Lighting may comply with law enforcement requests or subpoenas regarding your use of the Site. 
 
e. No waiver by either party of any breach or default under this Use Agreement may be deemed to be a waiver of any prior or subsequent breach or default. 
 
f. You agree to pay, and to indemnify and hold Tech Lighting harmless from, any sales, use, business, occupation, value added, excise or similar tax not based upon Tech Lighting's net income, as well as the collection or withholding thereof, including penalties and interest owed to any state, federal, foreign, or other governmental entity arising from or related to your use of the Site.  Your obligation hereunder will survive the termination or expiration of this Use Agreement. 
 
g. If any provision of this Use Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement remain in effect and the invalid or unenforceable provision is deemed replaced by a valid, enforceable provision that effectuates the intent of the original provision. 
 
h. Tech Lighting's suppliers, affiliates, subsidiaries, employees and agents are third party beneficiaries of Tech Lighting's rights under this Use Agreement.
 
i. Tech Lighting reserves all rights not granted expressly by Tech Lighting to you in this Use Agreement. 
 
j. Tech Lighting is not required to provide any feature or function prohibited by law.
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