Welcome to www.interlightus.com, the (“Site”). We value your business and thank you for visiting us. If you have any questions about these terms and conditions, or anything else, please contact us at [email protected].
1. In order to use our Site, you must agree to our terms and conditions (“Terms and Conditions,” "Terms of Use," or "Agreement") that contain many things that you should carefully review. By using interlightus.com, making a purchase (whether through the Site, fax, e-mail, phone, mail, or otherwise) (hereafter collectively “order” or purchase”), or making an inquiry about any matter pertaining to Interlight, you (“You” or “Your”) agree to the terms and conditions provided herein. If you do not wish to agree to the Terms and Conditions, please refrain from using the Site or making any orders or inquiries with Interlight.
2. Interlight reserves the right to change these Terms of Use in Interlight’s sole discretion, without prior notice to You. Interlight requests that You periodically review our Terms of Use to stay informed of any changes. If Interlight amends our Terms of Use and You continue to use the Site, make a purchase, or make an inquiry pertaining to Interlight, You are agreeing to the Terms of Use as updated.
3. This Agreement sets forth the terms and conditions that apply to the use of this Site and also governs all aspects of the relationship between You and Interlight. By using this Site, making a purchase, or making an inquiry with Interlight, You agree to comply with all of the terms and conditions herein. You understand that sometimes there are interruptions in service or events (whether on the Site or otherwise) that are beyond the control of Interlight, and Interlight shall not be responsible for any losses stemming from such occurrences or otherwise. You acknowledge and agree that due to circumstances both within and outside of the control of Interlight, access to the Site may be interrupted, or terminated from time to time. Interlight retains the right, at any time, to change, modify in any way, or discontinue any aspect of the Site, including, but not limited to availability and/or content.
4. Interlight reserves the right at any time to terminate or alter any of our Terms of Use in Interlight’s sole discretion, without prior notification to You. Such modifications may contain, among other matters, changes to Interlight’s return policies, shipping policies, or the addition of fees or charges. Again, Interlight requests that You periodically review these important Terms of Use to stay informed of any changes. If Interlight changes its Terms of Use and You continue to use the Site, make purchases from Interlight, or make inquiries with Interlight, You are agreeing to the Terms of Use, regardless of any amendments. In no way, shall Interlight be liable for any damages resulting from use of the Site, including, but not limited to Your equipment. All usage on this Site must comply with the Terms of Use. Interlight strictly requires that all usage of the Site be for lawful purposes only. Any conduct by You that, in Interlight's sole determination, is unlawful or offensive may result in Interlight’s banning Your use of the Site. You also agree not to use Interlight’s Site for advertisement purposes in any way without the express written consent of Interlight.
5. All content included on the Site, including but not limited to text, lists, graphics, logos, images, pictures, clips, video, data, software and other material (collectively "Content"), is owned or licensed property of Interlight or its software and content suppliers and is protected by copyright, trademark, patent or other proprietary rights. The arrangement, collection, and assembly of all Content on the Site is the exclusive and restricted property of Interlight and protected by U.S. and/or international copyright laws. You agree not to copy or in any way harvest the Content without the prior express written consent of Interlight. Interlight, and its suppliers and licensors, expressly reserve all intellectual property rights. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Interlight’s or any third party’s intellectual property rights.
6. The Site may contain links and collaborative functionality interacting with the sites of third parties, including but not limited to product manufacturers, translation services, and/or suppliers. Interlight is not responsible for and has no liability for use of any such website(s). Any links and collaborative functionality with/for third party sites on the Site in no way constitute an endorsement by Interlight of any third party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
7. Any software, including without limitation, any information, data, files, images generated by the software, code, and data associated with the software (collectively, "Software"), used or accessible through the Site may only be used by You exclusively for using this Site for purposes expressly stated in these terms and conditions, provided that such uses are not competitive with or derogatory to Interlight. Interlight retains complete title to all intellectual property rights in the Software. You agree not to alter, copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create offshoot works from any Software.
8. The Site may only be used for lawful purposes. As a condition of Your use of the Site, You promise that You will not use the Site for any purpose that is unlawful or prohibited by the Terms & Conditions. Behaviors that are prohibited include, but are not limited to, interfering or tampering with the Site, misrepresenting Your or another’s identity, or conducting any unlawful or fraudulent activities on the Site. You are forbidden from violating or attempting to violate the Site’s security, including, without limitation:
1. (a) using the Site for improper or unintended purposes or trying to change the functionality or behavior of the Site; (b) accessing data or information not intended for You or logging onto a server, account, or other area that You are not authorized to access; (c) interfering or attempting to interfere with service to any user, host or network, including without limitation via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) attempting to scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (e) faking any part of the header information in any e–mail or posting; or (f) falsifying communications on behalf of the Site (impersonating the Site) or to the Site (impersonating another user), or
2. using any device, software or method to try to interfere with the proper working of the Site or any activity being conducted on or with connection of the Site. You agree not to use or attempt to use any device, mechanism, or process (including without limitation browsers, spiders, or intelligent agents) to navigate or search the Site other than through the search mechanisms provided by Interlight or browsers made generally available to the public. Violations of system or network security may result in civil and/or criminal liability.
9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER INTERLIGHT, ITS AFFILIATES NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, OR ANY INDIVIDUAL ASSOCIATED WITH INTERLIGHT WARRANT OR REPRESENT THAT USE OF THE SITE WILL BE WITHOUT ERROR OR INTERRUPTION; INTERLIGHT DOES NOT MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE. THE SITE AND EVERYTHING MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INTERLIGHT AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESSED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE YOU UNDERSTAND THAT INTERLIGHT ASSUMES NO RESPONSIBILITY FOR AND MAKE NO REPRESENTATION, WARRANTY AS TO THE CORRECTNESS, ACCURACY, CURRENCY, COMPREHENSIVENESS, TRUSTWORTHINESS OR USEFULNESS OF ANY CONTENT OR OF ANY PRODUCTS DISTRIBUTED OR MADE AVAILABLE THROUGH THE SITE. INTERLIGHT DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET YOUR NEEDS, REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES INTERLIGHT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY DATA OR INFORMATION OBTAINED THROUGH THE SITE. INTERLIGHT ASSUMES, AND YOU AGREE THAT INTERLIGHT HAS, NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER, INCLUDING, BUT NOT LIMITED TO, DAMAGE STEMMING FROM LOSS OF DATA, DAMAGE STEMMING FROM NONDELIVERIES, DAMAGE STEMMING FROM ERRORS, DAMAGE STEMMING FROM SYSTEM DOWN TIME, DAMAGE STEMMING FROM MISDELIVERIES OF CONTENT OR EMAIL, DAMAGE STEMMING FROM NETWORK OR SYSTEM OUTAGES, DAMAGE STEMMING FROM FILE CORRUPTION, OR DAMAGE STEMMING FROM SERVICE INTERRUPTIONS CAUSED IN ANY WAY BY INTERLIHT, ITS AFFILIATES, ITS LICENSORS, OR YOUR OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN, INTERLIGHT DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, ACQUIRED BY YOU FROM INTERLIGHT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY STATED IN WRITING.
10. LIMITATION OF LIABILITIES. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL INTERLIGHT, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND/OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN ARISING IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) THE USAGE OR INABILITY TO USE THE SITE, INFORMATION OR TRANSACTIONS PROVIDED ON THE SITES, OR (b) ANY CLAIM ARISING FROM MISTAKES, ERRORS, OMISSIONS, OR OTHER INACCURACIES ON THE SITE PERTAINING TO, INCLUDING, BUT IN NO WAY LIMITED TO INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE, (c) COSTS OF OBTAINING OF ALTERNATE OR SUBSTITUTE GOODS RESULTING FROM ANY PRODUCTS, INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (d) UNSANCTIONED ACCESS TO OR MODIFICATION OF YOUR TRANSMISSIONS OR INFORMATION; (e) STATEMENTS OR BEHAVIOR OF ANY THIRD PARTY ON THE SITE; (f) DELAY/FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF G-D, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (g) ANY OTHER ISSUE RELATING TO THE SITE, EVEN IF INTERLIGHT OR ITS REPRESENTATIVES HAVE BEEN NOTIFIED OF THE PROSPECT OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISPLEASURE WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN WARRANTIES AS SET FORTH ABOVE, AS SUCH THIS LIMITATION MAY NOT BE APPLICABLE TO YOU. IF ANY PART OF THIS DISCLAIMER IS FOUND TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, THEN THE TOTAL AND AGGREGATE LIABILITY OF INTERLIGHT UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
11. Availability and prices of products are subject to change without notice. Interlight reserves the right to rescind any stated offer and to correct any inaccuracies, errors, or omissions including after an order has been submitted and whether or not the order has been confirmed and Your credit card has been charged.
Interlight may discontinue any item at any time without notice. When an item has been discontinued You will be notified as soon as practicable. You understand and agree that Interlight has the right to cancel any order or to substitute an item Interlight deems to be compatible to fill an order. You understand and agree that once Interlight has accepted the order, Interlight reserves the right to mix brands to fill the order. You undertand and agree that any images(s) on Interlight's website are for informational purposes only and may not reflect what item is provided by Interlight. The product prices displayed on this site do not include shipping, handling, or sales taxes if applicable. Sales tax will be added to your total invoice price where applicable and shipping charges will apply to all orders. If an account is past due, You agree to pay all expenses associated with collection including all attorneys’ fees, whether incurred by a third party or otherwise. Further, Interlight is not responsible in any way for any overdraft or other fees associated with Your bank, credit card, or otherwise.
Interlight reserves the right to accept or reject any order placed on the site (or elsewhere). Orders are not binding upon Interlight until accepted by an Interlight representative. Interlight reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer--even if after You have received an order confirmation. Further verification of address (billing or shipping) and/or payment information may be required prior to the acceptance of any order.
You are responsible for the payment of any state and local sales or other taxes that may apply to Your order. Interlight will collect the sales taxes for orders shipping to destinations within the State of Indiana unless You provide a proper resale tax exempt certificate.
If Your credit card has already been charged for the purchase and your order is cancelled by Interlight, Interlight will credit your credit card account in the amount of the associated charge. The bank’s individual procedures and policies will dictate when You are credited. If you are not satisfied with your purchase, You may return it in accordance with Interlight’s return policy. Pictures of items provided by Interlight may differ from the item You receive. You agree that Interlight may preauthorize or charge your card as soon as you place an order in Interlight’s sole discretion. A pre-authorization of your card is a hold on funds from Your account but have not yet processed the actual payment for your order. You authorize and agree that Interlight may charge or preauthorize Your card as soon as You place an order.
12. RETURNS.
- If You have ordered the wrong item or the item that You have ordered is no longer needed, Interlight will accept returns, requested within thirty (30) days of purchase, of unused AND unopened products in their original condition and packaging AND you must include a copy of Your invoice, EXCEPT as provided herein. ALL RETURNS ARE SUBJECT TO A RESTOCKING FEE OF A MINIMUM OF TWENTY-FIVE DOLLARS ($25.00) or 25% of the cost of Your order, whichever is higher. All return shipping costs are Your responsibility. Interlight reserves the right to inspect all returned items to determine eligibility for returns. If the item is returned in nonsalable condition, the item will be returned to You at Your expense.
- Certain items are “special order” items that result in Interlight having difficulty securing the product and/or Interlight having to specially order the product. Items are deemed special order in Interlight’s sole discretion without prior notice. You agree that Interlight may so designate products special order items in its sole discretion. Special order items are non-returnable.
- Certain items are overstock items that are sold at special pricing. Items are deemed overstock items in Interlight's sole discretion without prior notice. You agree that Interlight may so designate products overstock items in its sole discretion without prior notice. Overstock items are non-returnable. Additionally, Interlight may have to search externally for extra items to meet your order. You argree that Interlight may charge You higher prices to fulfill excess quantity demands.
- Defective products. A defective product is a product that never functions through no fault of Yours. Your fault includes, but is not limited to using the product with equipment that is faulty or in any way contributes to the product’s improper functioning. If the product that You ordered is defective, Interlight will at its sole choice replace the product or issue You a credit for future orders. Interlight may, in its sole discretion, deduct a pro rata amount of any credit issued for any usage that You were able to get from the product. Credit or replacement is Your sole remedy. You must return the item to Interlight within thirty (30) days of purchase and provide a copy of your invoice. NO CREDIT OR EXCHANGE CAN BE ISSUED UNLESS YOU RETURN THE PRODUCT. ALL RETURNS ARE SUBJECT TO A RESTOCKING FEE OF A MINIMUM OF TWENTY-FIVE DOLLARS ($25.00) or 25% of the cost of Your Order, whichever is higher. All return shipping costs are Your responsibility. Interlight reserves the right to inspect all returned items to determine eligibility for returns.
|
Return to: |
Returns Department |
|
Interlight |
|
|
7939 New Jersey Ave |
|
|
Hammond, IN 46323-3040 |
13. Chargebacks. If You improperly contest a charge made by Interlight through Your credit card, debit card, or payment service provider, Interlight will hold You responsible for any fees, charges, or expenses associated and You Agree that Interlight can charge You for any such fees, charges, or expenses incurred by Interlight.
14. Credit Extension (applicable to charge accounts).
a. Submission of a completed Credit Application (“Application”) by You in no way guarantees extension of credit. You understand and agree that the amount of credit extended, if any, is at the sole and absolute discretion of Interlight. Credit extended by Interlight may be modified, withdrawn or amended by Interlight at any time without notice. Changes in Your business classification such as incorporation status shall not change Your liability with Interlight.
b. You represent and warrant that any and all information furnished to Interlight is true and correct. You further understand that Interlight may, in its sole discretion, request a credit report on You and/or a report to a credit bureau may be made in connection with this application. You authorize Interlight, any credit bureau, any credit reporting agency employed by Interlight and/or any of its agents to investigate the references provided or any other statements or data obtained about You, or any of Your principals, officers, employees, or agents for the purpose of this application or extension of credit.
c. Interlight, in its sole and absolute discretion, may determine that full or partial payment is required by You prior to shipment.
d.You agree that Interlight, in its sole discretion may withhold shipments or suspend performance if any portion of Your balance is past due or if Interlight determines that Your balance may become past due.
e. If any payment is not made in a timely fashion by You, as solely determined by Interlight, any other unpaid accounts and/or balances owed to Interlight shall, in Interlight's sole discretion, become due and payable immediately. If any payment becomes past due, You agree that Interlight may charge any credit card of Your's that it has on file or that it may subsequently acquire for any and all amounts owed.
f. You agree that Interlight may limit access to product, suspend performance or take any other corrective measures in its sole discretion when Interlight has concerns (whether stemming from actual or perceived problems) about Your credit, Your failure to make payments when due or Your failure to fulfill any obligation designated herein. You agree that this shall not constitute a termination, breach of contract, or a release on Your part from any obligation contained herein.
g.You agree to allow faxing, e-mailing, and/or mailing of invoices, statements and advertisements. If You for any reason refuse to accept or request fax or e-mail communication cease then You expressly waive all rights and/or expectations of notices or communications from Interlight.
h. You agree to be personally responsible for all orders that You place with Interlight, including without limitation, on behalf any company or organization that You may work for, own, or serve as an agent, should such company or organization fail to make payment according to these terms and conditions.
15. Quotations. All quotations expire thirty (30) days from the date of the quotation unless otherwise noted on the quotation. This time limit applies even if You use the quotation to submit a job or project bid to any other party and You agree that Interlight is in no way liable for Your reliance on the quotation These quotations are provided as a courtest to our customers and are for informational purposes only. Quotations are not offers.
16. Should a supplier or service provider of Interlight’s fail to perform to Interlight in any way, whether price related or otherwise, You agree to hold Interlight completely harmless for such failure to perform
17. You agree that You are responsible for any orders You make, including duplicative orders that You make, with Interlight.
18. You also understand that if You require a specific brand, You must request that brand at the time You place Your order. Additional charges for requested brands may apply. Interlight reserves the right at any time to substitute items and/or brands at any time. Interlight may substitute items for any reason in its sole discretion including, but not limited to: in order to avoid delays for backorders, substitute discontinued items, or to maintain displayed prices. Again, Interlight will only substitute items that it believes are equivalent in function. Interlight has created a large cross-reference of part numbers that it believes are equal in use and functionality. Many items in our cross reference are discontinued, not immediately available or have been modified since their production. Interlight chooses the brand of item You will be receiving. Interlight has the right to send You the brand that Interlight has chosen, in its sole discretion, to be the appropriate substitute for the item You have purchased. If You would like a specified brand, it is your responsibility to contact Interlight to check which brand you will be receiving (please contact Interlight at [email protected]). Please note that many brands are not available for the displayed item price.
19. You may not transfer or assign any rights or obligations You have under these Terms and Conditions without Interlight's explicit prior written consent. Interlight reserves the right to transfer or assign any rights it possesses or may possess under these terms and conditions at any time.
20. Interlight reserves the exclusive right to reject any order You place, and/or to limit quantities on any order You place, without giving any reason or notice. Interlight reserves the right to limit or prohibit sales to anyone, including, but not limited to dealers.
21. By providing Interlight Your telephone number(s), including but not limited to mobile telephone numbers, You agree that Interlight may contact You for any reason in its discretion, including but not limited to customer service and marketing communications. Such methods of contact may include, but is not limited to SMS messages (i.e., text messages.) By providing Your address(es), including electronic mail addresses, You agree that Interlight may contact You for any reason in its sole discretion. Should You wish to no longer receive messages from Interlight, please e-mail Interlight at [email protected] and request to be removed from Interlight’s contact list.
22. All orders placed on the Site are subject to product availability. In the unlikely event that Your order never arrives, notification must be received by Interlight within thirty (30) days from the date of purchase.
23. Shipping. The risk of loss and title to products purchased from Interlight pass to You upon delivery to the carrier. You should examine Your shipment as soon as it arrives. You agree to pay all costs associated with shipment, unless otherwise provided in writing by Interlight. Unless noted otherwise, shipping costs provided by Interlight are just estimates and shipping prices may be different than quoted prices. Any and all shipping discrepancies and/or shipping damages must be reported to Interlight within ten (10) days of the shipping date. On international orders, You are responsible for any fees associated with international purchase (including but not limited to any import duties, fees or other costs required by your country) and/or shipping. You are responsible for all return freight, rerouting, and shipping costs, including but not limited to if You provided an incorrect shipping address and/or You were unable to sign for or refused the package. You are responsible for all shipping costs, except as provided herein.
24. Without limiting any other term herein, in the event that You request that Interlight ship an order to an Army Post Office, Fleet Post Office, Diplomatic Post Office, or other military location, You agree that the item is deemed received by You as soon as the item is delivered to the applicable military/diplomatic installation and/or military/diplomatic post office, not to You personally.
25. Without limiting any other term herein, in the event that You request that Interlight ship an order to You that allows You to receive the order without Your signature, or the signature of one of Your authorized representatives, You agree to assume all risk regarding the order once shipped, including, but not limited to that it may be lost, stolen, damaged, or otherwise.
26. Interlight may, in its sole and exclusive discretion, terminate your account and/or your use of the Site at anytime. You are liable for any orders that You place or charges that you incur preceding such termination.
27. BINDING INDIVIDUAL ARBITRATION. Do not use the Site, place an order, or make an inquiry with Interlight if you do not agree to all of these terms and conditions, including this paragraph. “Dispute” means any dispute, claim, or controversy between You and any Interlight regarding any issue whether based in contract, regulation, ordinance, statute, tort (including, but not limited to negligence fraud, misrepresentation, fraudulent, or inducement), or any other legal or equitable theory, and includes the validity, enforceability or scope of this paragraph. “Dispute” is to be given the broadest and widest possible meaning. You agree to seek resolution of the Dispute in accordance with the terms of this paragraph, and not litigate any Dispute in court, except as provided herein. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
a. YOU AND INTERLIGHT AGREE THAT ANY CLAIM FILED BY YOU OR BY INTERLIGHT IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS PARAGRAPH.
b. CLASS ACTION WAIVER. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND INTERLIGHT SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
c. Initiation of Arbitration Proceeding/Selection of Arbitrator. If You or Interlight elect to proceed with arbitration, the party initiating the arbitration proceeding may initiate it only with the American Arbitration Association (“AAA”). The terms of this paragraph govern in the event they conflict with the rules of the arbitration organization selected by the parties.
d. Arbitration Procedures. The Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
e. The arbitration will take place in Hammond, Indiana. Indiana law will govern all disputes, without regard to conflict of law principles.
f. If any clause within this paragraph 21, except 21(b), is found to be unenforceable, that clause will be severed from this paragraph, and the remainder will be given full force and effect. If 21(b) clause is found to be unenforceable, this entire paragraph 27 will be unenforceable, and the dispute will be decided by a court in Hammond, Indiana. You and the Interlight agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
g.This Section 21 shall survive any termination of these terms and conditions, or Your relationship with Interlight.
h. AGAIN, DO NOT USE INTERLIGHT’S SITE IF YOU DO NOT AGREE TO THIS PARAGRAPH.
28. You agree to defend, indemnify and hold harmless Interlight, its respective officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Site by You, or if You place an order with Interlight or if You make an inquiry with Interlight.
29. INFORMATION GATHERED BY INTERLIGHT. Interlight collects certain information from You including when You buy, order, return, request information from the Site or when You interact with Interlight personnel, create an account with Interlight, visit the Site, and whenever You provide Interlight with information. Interlight may store information regarding You including but not limited to Your name, addresses, phone numbers, credit card/debit card numbers, your ordering/return information, your Internet protocol address, and Site viewing/traffic information.
30. You agree that by using our Site you have agreed to not only this paragraph, but all terms and conditions herein. Do not use our Site if you do not agree. You acknowledge that although Interlight strives to maintain safeguards to protect Your personal data, Interlight cannot ensure the security or privacy of information You provide through the Internet. You agree to release us, any parent, any subsidiaries and affiliated entities and ours and their shareholders, officers, directors, employees and agents, successors and assigns from all claims, demands, damages, losses, liabilities of every kind, know and unknown, direct and contingent, disclosed and undisclosed, arising out of or in any way related to the theft, release, or use of such information by third parties, including, but not limited to a data breach. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
31. Cookies. Interlight uses cookies, web beacons, and other technologies to obtain and store certain information whenever You interact with the Site. Such information includes, but is not limited to the pages You visit on our Site, which web address You came from, and which Internet browser You are using. This information is gathered so as to assist us in making our website function at a high level and also to help us in our marketing and business efforts. This data also allows us to have a more seamless check-out process. In order to improve on our customer experience, Interlight also uses this information for reporting and analysis purposes.
32. Interlight uses Your information for multiple purposes including, but not limited to sales and sales fulfillment, marketing, internal operations, preventing fraud, and other legal compliance issues. We may share Your information within Interlight, with outside entities that provide Interlight services (including marketing), with others when complying with legal obligations, and with You upon request. Interlight maintains technical, administrative, and physical safeguards to protect Your information. By interacting with Interlight, You agree to the collection of and use of Your data that is collected in these Terms of Use.
33. You agree that You are responsible for payment of all purchases made by You. You agree that any credit card on file may be used to satisfy any debt owed to Interlight. In the event payment is not timely made, interest / finance charges will accrue at the highest rate allowed by law on all past due amounts. You also agrees to pay all costs and expenses associated with collection of the account, including but not limited to, reasonable attorney’s fees in the event the account is placed with an attorney for collection or suit. You agree to pay all amounts due and owing for purchases at the offices of Interlight in Hammond, Indiana.
34. These Terms and Conditions constitute the entire understanding and agreement between Interlight and You with respect to the subject matter hereof. No waiver by either Interlight or You of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. Any paragraph headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.