Terms and Conditions

WEBSITE TERMS OF USE AGREEMENT

 

The DaylightCompany.Com/us/ website and its associated services and content (collectively “Website”) is owned and operated by Daylight Company LLC (“Daylight Company”, “our”, “us”, “we”), a Texas Limited Liability Company.  Daylight Company has adopted this Terms of Use Agreement (“Agreement”) to inform you (“User(s)”) of your rights and duties when using the Website.  If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

DAYLIGHT COMPANY MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT DAYLIGHT COMPANY MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

 

Definitions

 

As used in this Agreement:

 

Business Customer(s)” means Users that may request access to the Website’s Daylight Media offering.

 

Registered User(s)” means Users that elect to create an account with the Website.

 

User(s)” means any individual that visit and browse the Website, including Registered Users and Business Customers.

 

“You” / “Your” means Users.

 

About The Website

DaylightCompany.Com/us/ is the United States website for The Daylight Company, which is the leading market innovator in specialty lighting in the art, needlework, craft, low vision, health & beauty and industrial sectors in Europe, the USA, and Australia.  The Website also provides its Business Customers access to Daylight Media, which is a password-protected media library containing images available for download.

 

Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions.  You warrant that you are a human individual that is eighteen (18) years of age or older.  If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.

 

You warrant and represent that any and all information that you provide to Daylight Company and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.

 

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations.  Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website.  The Website is operated in the United States and Daylight Company makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.

 

Ownership of Website and Daylight Media Content

You acknowledge and agree that Daylight Company is the owner of, or has rights in and to, the Website and its associated content and all intellectual property rights inherent therein, including, but not limited to, content available for download through Daylight Media. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website and/or Daylight Media content for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website and/or Daylight Media content, whether in whole or in part, without the prior written consent of Daylight Company.

 

Daylight Company hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes, including Business Customers’ download of content through Daylight Media. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.  Absent prior written permission from Daylight Company, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content, including content downloaded through Daylight Media.  To the extent Business Customers make any of these uses from content downloaded through Daylight Media, you acknowledge and agree that you are liable for any copyright infringement claims related thereto that may be brought by the original copyright owner.  This license is revocable at any time, and any rights not expressly granted herein are reserved to Daylight Company.

 

Intellectual Property

All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners.  Specifically, all photographs featured on the Website and through Daylight Media are copyrighted and owned by Daylight Company, unless otherwise stated.  All Daylight Company marks are the property of Daylight Company, including, but not limited to DAYLIGHT COMPANY, and all Daylight Company and Daylight Company logos, such as the Daylight Company light bulb logo (USPTO Reg. No. 490024). The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Daylight Company. You are prohibited from using Daylight Company’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Daylight Company.

 

Website Use and Account Creation.

Use of the Website is free.  To make a purchase through the Website, you have the option of creating an account and becoming a Registered User.  When purchasing from, subscribing to, or creating an account with Daylight Company, you are agreeing to receive email notifications from Daylight Company and other third-parties.  The email notifications from Daylight Company contain an unsubscribe feature that allows you to “opt out” from future notifications.  Please see the Website’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you.  All Users’ information will be used consistent with the Privacy Policy.  Daylight Company does not endorse you or discriminate based upon any information provided by you or made available through the Website.

 

Both Users and Registered Users have a duty to ensure that the information provided through the Website and their account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the Website and your account, if and when that information changes. You are expressly prohibited from providing information that in a way impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of the Website.  Daylight Company reserves the right to restrict access to, monitor, suspend, disable, or delete any Users and/or Users’ information at any time, in its sole discretion, and without prior warning.  You agree to hold harmless and indemnify Daylight Company for any damages that arise out of or in relation to the use of the Website.

 

Registered Users agree to keep your account secure from unauthorized access. Registered Users will log into their account using their e-mail and account password. Registered Users should not reveal their account information and/or passwords to others.  Registered Users agree that they alone are responsible for their account and all associated transactions. Registered Users accept full responsibility for any and all use of their account, whether authorized or unauthorized.  In the case of unauthorized access to a Registered User’s account or Daylight Media password, you agree to contact Daylight Company immediately. Registered Users agree to hold harmless and indemnify Daylight Company for any damages that arise out of or in relationship to the use of their account.

 

Daylight Company is under no obligation to preserve your account and/or data for any length of time and will not be responsible for any loss of data.  Daylight Company is under no obligation to provide you with the data associated with your Website use, except as otherwise provided in the Privacy Policy.  Daylight Company recommends that you maintain your own backup of information submitted to the Website.

 

Daylight Media Access

Daylight Media is Daylight Company’s online stock photo library, which is exclusively accessible to Business Customers.  Upon request, Business Customers will be provided a password for access to Daylight Media.  Business Customers agree to keep their Daylight Media password secure from unauthorized access.  In the case of unauthorized access to a Business Customer’s Daylight Media password, the Business Customer agrees to contact Daylight Company immediately. Business Customers accept full responsibility for any and all use of their Daylight Media access.   Business Customers agree to hold harmless and indemnify Daylight Company for any damages that arise out of or in relationship to the use of Daylight Media.

 

When downloading content from Daylight Media, Business Customers agree that they will only use the content as authorized by Daylight Company. Business Customers shall not alter, edit, reproduce, prepare derivative works, or distribute copies, of Daylight Media content. To the extent Business Customers make any of these unauthorized uses from content downloaded through Daylight Media, Business Customers acknowledge and agree that they are liable for any copyright infringement claims related thereto that may be brought by the original copyright owner.  Business Customers waive any and all claims, including for copyright infringement, as against Daylight Company for the Business Customers’ misuse of Daylight Media content.

Our Products

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.  The packaging of the product may also vary from that shown in images on our website.

 

Price and Payment

Payment for product orders made through the Website are processed through third-party payment processor, PayPal.  Daylight Company reserves the right to change the service fee amount at any time.  Users agree that they are responsible for paying the price indicated on the order page, as well as all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with their use of the Website and purchases made therefrom.  You understand and agree that Daylight Company will not be held liable for any User’s failure to complete a transaction entered into through the Website.  By utilizing PayPal, Users agree that they may be subject to their separate Terms of Use found here.

 

If you think the price reflected on a product is incorrect, please contact us.  It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of a product on the date of your order is less than our stated price on the date of your order, we will charge the lower amount. If the correct price of a product on the date of your order is higher than our stated price on the date of your order, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

 

If you think an invoice is wrong, please contact us promptly by calling customer services at 1-866-329-5444 or emailing us at info.us@daylightcompany.com.

 

Making Changes to Your Product Order

 

If you wish to make a change to your product order, please contact us. If the change is possible, we will inform you about any changes to the price and estimated shipping time and also ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the alternatives of making the change are unacceptable to you, you may want to cancel your order.

 

Delivery

 

The shipping cost will be as displayed to you on the Website when making a purchase.  Orders will be delivered to you based on the shipping option chosen when placing the order, for example, standard between 3-5 days.  We are not responsible for delays outside our control.  If our supply of the products is delayed by an event outside our control, we will attempt to take steps to minimize the effect of the delay.  If there is a risk of substantial delay, you may contact us to cancel the order and receive a refund for any products you have paid for but not received.

 

If after a failed delivery to you, you do not rearrange delivery or collect from the carrier’s local depot within the specified time set out in the failed delivery note, the order will be returned to our warehouse.  You will need to contact us to either get a refund for the order (excluding shipping costs) or rearrange delivery where extra shipping costs will apply.

 

Upon our receipt of payment and your receipt of the products, you own the products and the products will be your responsibility moving forward.

 

Rights to Cancel Your Order

 

You may be able to cancel your order when:

  1. There is something we have done or told you we are going to do, such as:
    1. Changes to a product to which you do not agree;
    2. The price and/or description of a product was in-accurate and you do not wish to proceed;
    3. Delivery of a product has been significantly delayed because of events outside our control; or
    4. Supply has been suspended for a product.
  1. There are exceptional circumstances that warrant cancellation of an order, to be determined at the sole discretion of Daylight Company.

 

We may cancel your order if:

  1. You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
  2. You do not, within a reasonable time, allow us to deliver the products to you;
  3. We withdraw the product and stop supplying the same.

 

If we cancel your order in the situations described above, we will refund any money you have paid in advance for products we have not supplied but we will deduct or charge you reasonable compensation for the net costs we will incur as a result of your violation of this Agreement.

 

To cancel your order, You must call customer service on 1-866-329-5444 or email us at info.us@daylightcompany.com to cancel and generate a return number or to arrange collection.

 

Refund and Return Policy

 

Please return products according to the following procedure:

 

  1. Contact customer service on 1-866-329-5444 or email us at us@daylightcompany.com to obtain a Return Number;
  2. Products sent without a return number will not be accepted;
  3. Any items returned to us must be unused, in pristine condition and in the original packaging;
  4. You must return the products within 14 days of telling us you wish to cancel your order

 

If you are eligible for a refund, we will refund you the price you paid for the products by the method you used for payment.

 

We will pay the costs of return shipping costs and refund your original shipping costs:

 

  1. If the products are faulty or incorrectly described;
  2. If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

 

In all other circumstances, you must arrange for and pay the costs of return shipping and you will not be refunded the original shipping costs as part of your refund.

 

We will make refunds due to you as soon as possible, once the product has been safely received and inspected by us.

 

Our Guarantee

Please refer to our 2 Year Guarantee, which can be found on our website.

 

User Generated Content

You may have the opportunity to submit content to the Website, including, but not limited, to text reviews (collectively “User Generated Content”).

 

Except as otherwise licensed herein, you own all rights in and to your User Generated Content.  User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services.  User Generated Content posted to public areas of the Website, including as comments to posts and reviews, will be publicly visible to all visitors of the Website.  You expressly acknowledge, however, that Daylight Company does not guarantee any confidentiality with respect to any submissions of your User Generated Content.

 

By submitting User Generated Content to the Website, you grant Daylight Company a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.

 

You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

 

You agree that you are solely responsible for any User Generated Content that you submit to the Site.  Daylight Company acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content.  Daylight Company does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.

 

Daylight Company reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates the terms of this Agreement.  Daylight Company also reserves the right to terminate a User’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.

 

Prohibited Uses

You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

 

Specifically, you are prohibited from:

  • Posting or transmitting content that:
    • Infringes upon the intellectual property rights of others;
    • Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;
    • Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
    • Incites any illegal activity or unlawful sexual solicitation;
    • Relates to weaponry, controlled substances, gambling, or debt collection;
    • Raises support or defense of anyone alleged to be involved in criminal activity;
    • Impersonates another or is fraudulent, inaccurate, or misleading;
    • Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
    • Intends to collect personal or personally identifiable information from others;
    • Violates any term or condition of this Agreement;
  • Using a robot, spider, scraper, or other automated technology to access the Website;
  • Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
  • Attempting to gain access to the private data or personal information of a Website user or third party;
  • Circumventing Daylight Company’s technological and physical security measures;
  • Suggesting an affiliation with or endorsement by Daylight Company.

 

If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Daylight Company by sending an email to info.us@daylightcompany.com.

 

Mobile Devices
The Website is fully accessible via a mobile device.  To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply.  Daylight Company is not responsible for any fees or errors that occur while accessing the Website via mobile device.

 

Section 230 of Communications Decency Act

You acknowledge and agree that Daylight Company is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Daylight Company may edit, remove, or control the content displayed through the Website, you agree that Daylight Company will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

 

Third Party & Affiliate Links

You understand that the Website may contain links to third party websites, applications, or services that Daylight Company does not own or control. You agree that Daylight Company will not be held responsible or liable for the content of third party websites, applications, or services and that Daylight Company’s inclusion of those websites, applications, or services within its Website does not constitute Daylight Company’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

 

Some of the links on the Website are affiliate links, which means that we may earn a commission if you click on the link or make a purchase using the link.  When you make a purchase, the price you pay will be the same whether you use the affiliate link or go directly to the vendor’s website using a non-affiliate link.  By using the affiliate links, you are helping support the Daylight Company Website, and we genuinely appreciate your support.

 

No Endorsement

From time to time, Daylight Company will refer to commercial products, processes, services, experts, and/or websites.  Any reference is not intended to be an endorsement or statement that the information provided by the other party is accurate.  Daylight Company does not endorse any commercial product, process, service, expert, or website.  The views and opinions of affiliates, contributors, and others expressed on this Website do not necessarily state or reflect those of Daylight Company and are not intended to be used for product endorsement purposes.

 

Term and Termination

This Agreement will remain in full force and effect so long as the Website is in operation.  Daylight Company may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

 

Disclaimer of Warranties

DAYLIGHT COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. DAYLIGHT COMPANY PROVIDES THE WEBSITE, DAYLIGHT MEDIA, AND THE GOODS/SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

 

DAYLIGHT COMPANY WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. DAYLIGHT COMPANY IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. DAYLIGHT COMPANY RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

 

DAYLIGHT COMPANY WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

 

Limitation of Liability

DAYLIGHT COMPANY WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT DAYLIGHT COMPANY CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO DAYLIGHT COMPANY, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

 

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. DAYLIGHT COMPANY IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

 

Indemnification

You agree to hold harmless, indemnify, and defend Daylight Company, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services made through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

 

Your obligation to defend Daylight Company under the terms of this Agreement will not provide you with the right to control Daylight Company’s defense, and Daylight Company reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Daylight Company.

 

No Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Daylight Company may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

 

Jurisdiction, Governing Law, and Resolution of Disputes

This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the United States of American and the State of Texas without giving effect to any conflicts of laws principles.  The parties submit to and agree to personal jurisdiction in Texas, with venue proper in Spring, Texas.

 

YOU AND DAYLIGHT COMPANY AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM DAYLIGHT COMPANY, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN SPRING, TEXAS AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND DAYLIGHT COMPANY AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF TEXAS. YOU AND DAYLIGHT COMPANY AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

 

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

 

Integration

Daylight Company hereby incorporates its Privacy Policy and Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Daylight Company.

 

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

 

Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18) and Daylight Company will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Daylight Company inadvertently collects such personally identifiable information, Daylight Company will delete the personally identifiable information in accordance with its security protocols.

 

Limitation on Actions

DAYLIGHT COMPANY AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

 

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST DAYLIGHT COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

 

Reservation of Rights

All rights not expressly granted herein are reserved to Daylight Company.

 

Notice

Any notice required by this Agreement must be in writing, and must be emailed to: info.us@daylightcompany.com.

 

This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.