Web Site and Content Ownership
All of the content presented or displayed on this website, including, but not restricted to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by EnvironmentalLights.com, its licensors and its content providers. All products are copyrighted or trademarked by their respective manufacturers. Every aspect of this site and its Content is protected by trade dress, copyright, moral rights, trademark and other laws pertaining to intellectual property rights. No piece or aspect of this website or its Content may be duplicated or retransmitted via any means, and this website, its Content and all related rights shall remain the exclusive property of EnvironmentalLights.com or its licensors or content providers unless otherwise explicitly agreed upon. You shall indemnify EnvironmentalLights.com, its licensors and content providers against any losses, expenses, costs or damages incurred by any of them resulting from your breach of these Terms of Sale and Use, including your unauthorized use of the Content and related rights.
“EnvironmentalLights.com” and its logo are trademarks of EnvironmentalLights.com.
Pictures and Technical Details
Manufacturers may make changes to the appearance or performance of their products. We attempt to provide accurate pictures and technical details of products, but are not responsible for minor variations in appearance or performance. In some cases, we knowingly supply pictures of several colors of a product that may not include a color offered for sale because we do not have a picture of that color. The color and contrast of pictures varies by monitor and by printer.
Prices shown do not include shipping or sales tax.
We strive never to make errors of any kind, especially pricing. If we make an error in pricing, we will notify you of the correct price. We make no representations or warranties as to the Content’s accuracy, correctness or reliability.
EnvironmentalLights.com offers only products it believes are available. If we discover we are unable to fulfill your order for any reason, we will notify you. You will not be charged for the items not shipped.
Past Due Amounts
1.8% per month may be charged on all past due amounts owed EnvironmentalLights.com.
ALL PRODUCTS ARE SOLD "AS IS," AND ENVIRONMENTALLIGHTS.COM DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCTS OR USE THEREOF, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. Many of the products sold by EnvironmentalLights.com are covered by manufacturers’ warranties under which you may find remedy.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, ENVIRONMENTALLIGHTS.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SALE AND USE, THIS SITE, THE CATALOG, PRODUCT(S) OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ENVIRONMENTALLIGHTS.COM EXCEED THE AMOUNT YOU HAVE PAID US FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. The exclusion or restriction of implied warranties or liability for certain damages is not allowed in some jurisdictions, in which case some of the restrictions above may not apply to you.
If any provision of these Terms of Sale and Use are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbiter, such provision shall be deemed severed from these Terms of Sale and Use and the validity of the remainder of these Terms of Sale and Use shall not be affected thereby.
Governing Law and Venue
These Terms of Sale and Use shall be governed by and construed in accordance with the laws of California applicable to contracts made and to be enforced wholly within California, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Circuit Courts of the State of California in San Diego County or the Federal District Court nearest San Diego (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, EnvironmentalLights.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of EnvironmentalLights.com, such action is necessary or desirable.
Waivers and Amendments
The waiver by either Party of any provision of these Terms of Sale and Use on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale and Use on any other occasion or upon any other circumstances.
If your shipping address is in the U.S. but not California, we do not withhold sales tax. If your shipping address is in California, we are required to withhold sales tax unless you will resell the product AND have a valid Seller’s permit. In that case, please print out, complete sign, and return to us our Resale Certificate. We cannot process your order until you do this. You only need to do this the first time you buy from us, and periodically thereafter if we request it.
If your shipping address is outside the U.S., you are responsible for paying any taxes due.