Also see our PRIVACY POLICY here.
TABLE OF CONTENTS
1.0 OVERVIEW
2.0 ACCEPTANCE OF TERMS OF USE
3.0 PRODUCTS AND SERVICES
4.0 PAYMENTS
5.0 CANCELLATIONS & REFUNDS
6.0 INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
7.0 USE OF THE SITE AND SERVICE
8.0 ACCOUNT CREATION
9.0 LAWFUL PURPOSES
10.0 REFUSAL OF SERVICE
11.0 ORDER CONFIRMATION
12.0 DURATION OF AGREEMENT
13.0 SERVICE DESCRIPTION
14.0 MATERIAL YOU SUBMIT TO THE SITE
15.0 OUR INTELLECTUAL PROPERTY
16.0 CHANGED TERMS
17.0 LIMITATION OF LIABILITY
18.0 THIRD PARTY RESOURCES
19.0 INDEMNIFICATION
20.0 EFFECT OF HEADINGS
21.0 ENTIRE AGREEMENT; WAIVER
22.0 NOTICES
23.0 RECOVERY OF LITIGATION EXPENSES
24.0 SEVERABILITY
1.0 OVERVIEW
The terms “we,” “us,” and “our” refer to Embers Lighting LLC. The term the “Site” refers to EmbersLighting.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
2.0 ACCEPTANCE OF TERMS OF USE
Use of EmbersLighting.com, including all materials presented herein, Products, and all online services provided by Embers Lighting LLC, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By accessing or using this Web Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these terms, you should NOT access or use this Web Site.
3.0 PRODUCTS AND SERVICES
Embers Lighting LLC is a site that provides products, information, and opinions. Content (blogs, audio, video, and photos) is provided for use by the user for contemplation and reflection.
Parties agree that the Service is in the nature of education and are the opinion of Embers Lighting. No products or opinions stated on this website are intended for use in a medical capacity. Please seek medical advice when in question. The scope of services provided by Embers Lighting LLC according to this Agreement are limited to those listed on EmbersLighting.com website. Embers Lighting LLC reserves the right to substitute products and services equal to or comparable to the services listed if the need arises, without prior notice.
4.0 PAYMENTS
All payments are made at the time of purchase. Multiple avenues for payment are provided.
5.0 CANCELLATIONS & REFUNDS
We offer a 30 day money back guarantee on all of our products.
To request a refund please contact support by email: info@EmbersLighting.com.
The 30 day refund period only applies to each product purchased from the time of purchase.
6.0 INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
This Web Site is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that any submitting of any inventions embodied in any User Content provided by you shall constitute a “publication” of such invention under applicable patent laws.
You acknowledge that any User Content submitted and/or discussed on the Web Site may be the subject of patents, copyrights, trademarks and other intellectual property rights of Embers Lighting. If you consider exploiting any ideas, proposals, suggestions, or solutions or other User Content submitted to the Web Site, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.
7.0 USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service are subject to change. Embers Lighting LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Embers Lighting LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
8.0 ACCOUNT CREATION
Users are able to use most of the site content without providing any personal data. Some information may require that you provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Embers Lighting LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
9.0 LAWFUL PURPOSES
You may use the Site, Products, and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
10.0 REFUSAL OF SERVICE
The Products and Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site, Product, or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
11.0 ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery and payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
12.0 DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Embers Lighting LLC when there are reasonable delays in the access of the Service.
Embers Lighting LLC reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
If the service is terminated by Embers Lighting LLC then you will be refunded a pro-rated amount for the time remaining on your subscription period.
If for any reason, Embers Lighting LLC should dissolve or cease to exist, then your access to the Service terminates.
13.0 SERVICE DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
14.0 MATERIAL YOU SUBMIT TO THE SITE
By submitting any User Content to the Web Site, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (1) may be defamatory or injurious to another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organization, (3) may violate any legal rights of any person (including right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity.
You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material. You also shall not transmit chain letters, pyramid schemes, surveys and solicitations through the Web Site. You shall also not forge headers or manipulate identifies or other data in order to disguise the origin of any Content and/or User Content transmitted through our Web Site or to manipulate your presence on the Web Site. You shall not interfere with or disrupt our sites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
You affirm, represent and warrant that the User Content submitted to the Web Site does not infringe any proprietary right of another, such as but not limited to copyright, trademark or patent, or any confidentiality obligation.
You acknowledge and agree that any of your ideas, submissions or discussions or any other User Content provided by you within the Web Site that is not the subject of intellectual property right protection may be used by any other contributor without compensation or attribution.
You hereby grant to Embers Lighting, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish User Content provided by you, on this Web Site or any other Embers Lighting web site or in other Embers Lighting marketing or public relations materials in any and all media.
You shall be solely responsible for your own User Content and the consequences of posting submitting and/or publishing it. Embers Lighting may, but is not obligated to, review and monitor, before and/or after submitting User Content. However, you acknowledge that it is impossible for us to monitor or review all User Content. Without limitation, Embers Lighting will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties on the Web Site.
Embers Lighting does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Embers Lighting expressly disclaims any and all liability in connection with User Content.
Embers Lighting has the sole right and ability to edit and/or remove messages or any other User Content which are objectionable, improper or otherwise in breach of these Terms of Use for any reason at any time without notice or consent and at its sole discretion. Any user who believes that submitted User Content is objectionable or improper is encouraged to contact Embers Lighting immediately by e-mail at info@EmbersLighting.com. Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular User Content immediately.
As a feature of the Service, Embers Lighting LLC may provide access to a community or social media platforms in conjunction with the Service. Embers Lighting LLC has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and Embers Lighting LLC may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Embers Lighting LLC will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Embers Lighting LLC is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Embers Lighting LLC’s brand and image integrity.
15.0 OUR INTELLECTUAL PROPERTY
The Site, Products, and Service contain intellectual property owned by Embers Lighting LLC, including trademarks, copyrights, proprietary information, and other intellectual property. Embers Lighting LLC’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Embers Lighting LLC’s copyrighted materials shall remain the sole property of Embers Lighting LLC. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Products, or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
16.0 CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site, Products, or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site, Products, and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
17.0 LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, PRODUCT, OR SERVICE. ADDITIONALLY, EMBERS Lighting LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF EMBERS LIGHTING LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL EMBERS LIGHTING LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM EMBERS LIGHTING LLC, AND IF NO PURCHASE HAS BEEN MADE BY YOU EMBERS LIGHTING LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
18.0 THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Embers Lighting LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
19.0 INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site, Products, or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
20.0 EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
21.0 ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Embers Lighting LLC pertaining to the Site, Products, and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Embers Lighting LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Embers Lighting LLC.
22.0 NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Embers Lighting LLC
info@EmbersLighting.com
23.0 RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
24.0 SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
