1. User's Acknowledgment and Acceptance of Terms
Block Lighting, Inc. (referred to as "us" or "we") provides the blocklighting.com
site and various related services (together referred to as this "site") subject
to your compliance with all the terms, conditions, and notices contained or referenced
herein (the "Terms of Use"), as well as any other written agreement between us (or
your company). In addition, when using particular services or materials on this
site, users shall be subject to any posted guidelines or rules applicable to such
services or materials that may contain terms and conditions in addition to those
in these Terms of Use. All such guidelines or rules are hereby incorporated by reference
into these Terms of Use.
BY CREATING AN ACCOUNT AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS
OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE
NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES,
CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING
THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR WEB SITE AGREEMENTS SERVICES. YOUR
AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE
IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are effective as of March 1, 2007. We reserve the right to change
these Terms of Use from time to time without notice to you. You acknowledge and
agree that it is your responsibility to review this site and these Terms of Use
periodically and to be aware of any modifications. Your continued use of this site
after such modifications will constitute your acknowledgement of the modified Terms
of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our "Affiliates" include our owners,
subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors,
and advertisers, and includes (without limitation) all parties involved in creating,
producing, and/or delivering this site and/or its contents.
2. Modifications; Interruptions
We reserve the sole right to either modify or discontinue the site, including any
features therein, at any time with or without notice to you. We shall not be liable
to you or any third party should we exercise such right. Any new features that augment
or enhance the then-current services on this site shall also be subject to these
Terms of Use.
You understand and agree that temporary interruptions of the services available
through this site may occur as normal events. You further understand and agree that
we have no control over third-party networks you may access in the course of the
use of this site, and therefore, delays and disruption of other network transmissions
are completely beyond our control.
You understand and agree that the services available on this site are provided "AS
IS" and that we assume no responsibility for the timeliness, deletion, misdelivery,
or failure to store any user communications or personalization settings.
3. Registration Data and Privacy
In order to purchase any Products from this site, you must complete our online registration
form, which requests certain information and data ("Registration Data"). By registering,
you agree that all information provided in the Registration Data is true and accurate
and that you will maintain and update this information as required in order to keep
it current, complete, and accurate.
We will maintain the privacy of your information in accordance with our Privacy
Policy, which is specifically incorporated by reference into these Terms of Use.
4. Third-Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references
to information, documents, software, materials and/or services provided by other
parties. These other sites and parties are not under our control, and you acknowledge
that we are not responsible for the accuracy, copyright compliance, legality, or
any other aspect of the content of such sites, nor are we responsible for errors
or omissions in any references to other parties or their products and services.
The inclusion of such a link or reference is provided merely as a convenience and
does not imply endorsement of, or association with, the site or party by us, or
any warranty of any kind, either express or implied.
5. Intellectual Property Information
For purposes of these Terms of Use, "content" is defined as any information, communications,
software, photos, video, graphics, music, sounds, and other material and services
that can be viewed by users on our site.
By accepting these Terms of Use, you acknowledge and agree that all content presented
to you on this site is protected by copyrights, trademarks, service marks, patents,
or other proprietary rights and laws, and is the sole property of Block Lighting,
Inc. and/or its Affiliates or a specific content provider. You are only permitted
to use the content as expressly authorized by us or the specific content provider.
You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute
any documents or information from this site in any form or by any means without
prior written permission from us, and you are solely responsible for obtaining permission
before reusing any copyrighted material that is available on this site. Any unauthorized
use of the materials appearing on this site may violate copyright, trademark, and
other applicable laws and could result in criminal or civil penalties.
6. Disclaimer of Warranties
ALL PRODUCTS, MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT WARRANTY BY US OF ANY. KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING
THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PRODUCTS, SERVICES AND MATERIALS
WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE PRODUCTS, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE,
OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION OBTAINED BY YOU FROM
THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES,
ERRORS, OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL
ERRORS. WE MAY MAKE CHANGES TO THE PRODUCTS, MATERIALS AND SERVICES AT THIS SITE,
INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME
WITHOUT NOTICE.
THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE
AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH ACTIVITIES.
Before purchasing products and services on or through this site, review our Terms
of Sale, which are incorporated by reference into these Terms of Use.
Content available through this site often represents the opinions and judgments
of a third party information provider not connected with us or our Affiliates. We
do not endorse, nor are we responsible for, the accuracy or reliability of such
content.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR
ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED
THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH
THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Security and Password
You are solely responsible for maintaining the confidentiality of your password
and account and for any and all statements made and acts or omissions that occur
through the use of your password and account, including any mail sent and any charges
incurred. Therefore, you must take steps to ensure that others do not gain access
to your password and account. Our personnel will never ask you for your password.
You may not transfer or share your account with anyone, and we reserve the right
to immediately terminate your account in the event of any unauthorized transfer
or sharing thereof.
9. International Use
Although this site may be accessible worldwide, we make no representation that materials
on this site are appropriate or available for use in locations outside the United
States, and accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this site from other locations do so on their
own initiative and are responsible for compliance with local laws. Any offer for
any product, service, and/or information made in connection with this site is void
where prohibited.
10. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access
to all or part of the site with or without notice and for any reason, including,
without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive,
or illegal activity may be grounds for terminating your relationship and may be
referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right
to use the services available on this site immediately ceases, and you acknowledge
and agree that we may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such files
or this site. We shall not be liable to you or any third party for any claims or
damages arising out of any termination or suspension or any other actions taken
by us in connection therewith.
11. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within
the Commonwealth of Virginia. It can be accessed from all fifty states, as well
as from other countries around the world. As each of these places has laws that
may differ from those of Virginia, by accessing this site, both of us agree that
the statutes and laws of the Commonwealth of Virginia, without regard to the conflict
of laws principles thereof, will apply to all matters relating to the use of this
site and the purchase of products and services available through this site.
12. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between
us concerning the subject matter hereof and supersedes all prior agreements and
understandings of the parties with respect thereto. These Terms of Use may NOT be
altered, supplemented, or amended by the use of any other document(s). Any attempt
to alter, supplement, or amend this document or to enter an order for products or
services which are subject to additional or altered terms and conditions shall be
null and void, unless otherwise agreed to in a written agreement signed by you and
us. To the extent that anything in or associated with this site is in conflict or
inconsistent with these Terms of Use, these Terms of Use shall take precedence.
13. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled
to costs and attorneys' fees. Any cause of action brought by you against us or our
Affiliates must be instituted within one year after the cause of action arises or
be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any third
party, and any purported attempt to do so shall be null and void. We may freely
assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial
purposes any portion of this site.
If any part of these Terms of Use is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect, as nearly
as possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or
related rights shall not constitute a waiver of that right or provision.