Terms of Service | Synergy Lighting

Terms of Service

This Site is provided by Synergy Lighting, Inc. (“Synergy”) and may be used for information purposes only. By accessing or using this Site, you agree to the terms and conditions contained in these Terms of Use which constitute an agreement between you and Synergy. If you do not agree with these Terms of Use, do not use the Site or download any materials from the Site. Synergy reserves the right, in its sole discretion, to modify or otherwise update these Terms of Use at any time and you agree to be bound by such modifications or updates.

Ownership/Use of Materials Contained On This Site

The Site contains material that is derived in whole or in part from material supplied by Synergy Lighting, Inc. (“Synergy”) and its licensees, and is protected by U.S. and international copyright laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of Synergy ‘s or its licensees’ copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or networked computer environment without Synergy’s express written consent is prohibited. Except as expressly provided herein, Synergy does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Limited License

Subject to the terms and conditions set forth in this Agreement, Synergy grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the Materials.

Disclaimer

THE MATERIALS CONTAINED ON THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. NEITHER SYNERGY NOR ANY OF ITS LICENSEES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. SYNERGY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. SYNERGY MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. ANY SALE OR ORDER OF PRODUCTS OR SERVICES PRICED INCORRECTLY MAY BE REFUSED BY SYNERGY LIGHTING, INC., AND ALL FUNDS FROM ANY TRANSACTION CONTAINING PRICING ERRORS WILL BE REFUNDED TO THE PURCHASER WITHIN 24 HOURS.

THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Information Provided By You

Any personally identifiable information you may provide to Synergy via this Site is protected by the Privacy Policy associated with this Site. Synergy does not want you to, and you should not, send any confidential or proprietary information to Synergy via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Synergy will not be considered confidential or proprietary. By providing any such information or materials to Synergy, you grant to Synergy an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Synergy is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Synergy. You further recognize that Synergy does not want you to, and you warrant that you shall not, provide any information or materials to Synergy that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Limitation of Damages

IN NO EVENT SHALL SYNERGY OR ANY OF ITS LICENSEES BE LIABLE TO YOU OR ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED SITE, EVEN IF SYNERGY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Changes

Synergy reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. Please check back periodically to inform yourself of any changes.

Synergy may terminate, change, suspend or discontinue any aspect of the Synergy Site, including the availability of any features of the Site, at any time. Synergy may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Synergy may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

User Conduct

Users are not permitted to upload, transmit, distribute or otherwise publish through this Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

Special Order Items

All items that are special order or custom built to order are considered custom in nature and non-returnable, non-cancelable once ordered. Some items depending on the nature of the item may be returned subject to restocking fees up to 35%. Call for details.

Returns

All items that a user deems to be returnable must call and receive a written Return Goods Authorization (RGA) prior to returning the goods or merchandise. Any goods or merchandise returned without an RGA will be refused or discarded as an unauthorized return. Restocking fees up to 35% may apply depending on the item(s). All electrical items that have been installed and/or used will not be accepted. For defective product that has been installed, call for warranty replacement, whereas an RGA for warranty replacement will be issued. To obtain an RGA please call the customer service department at 877-220-5483.

Linked Sites

Synergy has provided links with other internet sites that are maintained by third parties. Synergy is not responsible for content or the practices of such third party sites. These terms and conditions apply solely to this Site and you should always review the terms and conditions of any site that you access through a link from this Site.

Indemnification

You hereby agree to indemnify and hold harmless Synergy and its licensees any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss), incurred or suffered by Synergy directly or indirectly by reason of any act or omission which you commit in breach of these terms and conditions and the obligations and warranties contained in them.

Other

This site is controlled and operated by Synergy from its offices in the State of Florida, United States of America. Synergy makes no representations that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the state Florida and the federal courts located in Tampa, Florida. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.