Terms of Use

Terms of Use

The Terms and Conditions constitute the entire agreement between you and Verilx with respect to this Website. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Verilux with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by Verilux. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

 

Electronic Communications

When you use verilux.com, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Amazon Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Usage Restrictions

You may access and view the content appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark, or other proprietary notices contained on the content, (b) do not modify or alter the content in any way, and (c) do not make the content available to any third party. Verilux reserves complete title and full intellectual property rights in any Content that you download from this Website.

You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (a) misrepresenting the identity of a user; (b) tampering with this Website; and (c) conducting fraudulent activities.

Privacy Policy

Verilux’s use of personal information that you may submit to through this Website is governed by the Verilux Privacy Policy, which is posted for your review separately on this Website. Please review that Privacy Policy to understand how information you supply may be used.

 

Customer Ratings and Reviews Terms of Use
These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Verilux (the "CRR Service"). To the extent of any conflict between Verilux's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

By submitting any content to Verilux, you represent and warrant that:

• you are the sole author and owner of the intellectual property rights thereto;

• all "moral rights" that you may have in such content have been voluntarily waived by you;

• all content that you post is accurate;

• you are at least 13 years old;

use of the content you supply does not violate these Terms of Use and will not cause injury to
any person or entity.

You further agree and warrant that you shall not submit any content:

   

that is known by you to be false, inaccurate or misleading;

 

that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights
 or rights of publicity or privacy;

that violates any law, statute, ordinance or regulation (including, but not limited to, those governing
 export control, consumer protection, unfair competition, anti-discrimination or false advertising);

that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously
 biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership
 or corporation;

for which you were compensated or granted any consideration by any third party;

that includes any information that references other websites, addresses, email addresses,

contact information or phone numbers;

that contains any computer viruses, worms or other potentially damaging computer programs or files.

   

You agree to indemnify and hold Verilux (and its officers, directors, agents, subsidiaries, joint ventures, employees and all third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Verilux a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Verilux's sole discretion. Verilux reserves the right to change, condense or delete any content on Verilux's website that Verilux deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Verilux does not guarantee that you will have any recourse through Verilux to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Verilux reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Verilux, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Verilux, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address and/or name in connection with your rating and review, you agree that Verilux and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

 

Third Party Websites

This Website may contain links to other sites that are neither owned nor operated by Verilux, although some such sites may have an affiliation with Verilux (collectively, "Third Party Sites"). Such links are provided for your convenience only. Verilux makes no representations whatsoever about any Third Party Sites which you may access through this Website, as Verilux has no control over the content appearing on such Third Party Sites. Moreover, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval, or responsibility for the content on, or the use of, such Third Party Site. No rights to use or copy the information on this Website or the Third Party Site is granted or implied. Please Note: The Terms of Use and Privacy Policies applicable to Third-party Sites may differ significantly from those of Verilux. You are encouraged to review the applicable privacy policies of such Third Party Sites.

To the extent our Website contains hyperlinks to outside services and resources, the availability and content of which Verilux, Inc. does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.


Risk of Loss

All items purchased from Verilux are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.


Product Descriptions

Verilux attempts to be as accurate as possible. However, Verilux does not warrant that product descriptions or other content of any Verilux product is accurate, complete, reliable, current, or error-free. If a product offered by Verilux itself is not as described, your sole remedy is to return it in unused condition.

 

Pricing

With respect to items sold by Verilux, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Verilux is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process.

 

Your Account

If you use verilux.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Verilux does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the verilux.com only with involvement of a parent or guardian. Verilux reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

Disclaimer

This Website and all Content available on this Website are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that Verilux, Inc. shall not be liable for any damages of any kind related to your use of this Website.

Verilux attempts to ensure that the Content on this Website is complete and current. As indicated in the terms set forth below, Verilux cannot guarantee that the information contained on this Website will not contain errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to price or to product description or availability. Verilux reserves the right to correct any error, inaccuracy, or omission, or to change or update the content without prior notice to you. Further, Verilux reserves the right to refuse or cancel any orders containing any error, inaccuracy, or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, Verilux shall promptly issue a credit to your credit card.

 

Proprietary Rights

Verilux logos and trademarks, as well as other marks, trade names, trademarks, and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy, or manipulate such logos in any manner without the prior written consent of the owner.

The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by Verilux or a Verilux affiliate or by third parties who have licensed their rights to Verilux. All Content is copyrighted as a collective work under the U.S. and international copyright laws and Verilux owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement, and selection of such Content or this Website. Except as provided above, you may not make copy, modify, or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, and "frame" the Content in any manner or sell or attempt to sell the Content.


DMCA Provision

DMCA Policy
If you are notifying Verilux of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:

  • A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • A description of the allegedly infringing material and information sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
  • A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

Designated Person for Notification of Claimed Copyright Infringement

Provide: Name, Address, Phone # and Email


We may terminate the privileges of any user who uses the Website unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.

 

Limitations of Liability

IN NO EVENT SHALL VERILUX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF VERILUX OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN VERILUX TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

LIABILITY LIMITATIONS/EXCLUSIONS

The Verilux Parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the website, including any liability: (i) as a publisher of information; (ii) as a reseller of any products or services; (iii) for any incorrect or inaccurate information; (iv) for any unauthorized access to or disclosure of your transmissions or data; (v) for statements or conduct of any third party on the website; or (vi) for any other matter relating to this website or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Verilux and you. The products, information and services offered on and through the website would not be provided without such limitations.

Notwithstanding the foregoing, the sole and entire maximum liability of the Verilux Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Verilux on this website.

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.


Indemnification
You agree to indemnify, defend and hold harmless the Verilux Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees), resulting or arising from or relating to your use of or conduct at the Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your breach of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Website.


Applicable Law, Venue and Jurisdiction

To the fullest extent of the law, you agree that any claim of cause of action arising from or relating to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or be forever barred.


These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of New York and further agree that any cause of action arising from or relating to the use of the Website or these Terms of Use shall be brought  in New York County, New York.


Dispute Resolution
Agreement to Arbitrate Disputes: BY ACCESSING OR USING THE WEBSITE, YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND VERILUX ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE WEBSITE, INCLUDING ANY PRODUCT PURCHASED OR OFFERED FOR SALE, CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY AND PRACTICES (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU SPECIFICALLY AGREE THAT YOU ARE BOUND TO RESOLVE ALL DISPUTES IN ARBITRATION, AND YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Verilux will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Verilux also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

Notwithstanding the foregoing, to the extent the Dispute arises from a violation of your or Verilux’s intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the “Applicable Law, Venue and Jurisdiction” section above, and both parties consent to exclusive jurisdiction and venue in such courts.

Waiver of Class Arbitration: To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise (“Class Arbitration”). You further acknowledge and agree that any arbitrator assigned to a Dispute lacks the authority to conduct Class Arbitration and that such arbitrator shall only hear individual Disputes. By using the Website, you acknowledge that you are voluntarily and knowingly waiving any right to participate as a representative or member of any class of claimants pertaining to any Dispute subject to arbitration under these Terms and Conditions, such that you shall not be entitled to arbitrate any Dispute as a representative, a class action or in a private attorney general capacity.

 

Last Updated 5/16/2013

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