Terms and Conditions of Use
Last Update: August 2010
• Terms and Conditions of Use
This website, including any subsite accessible through the homepage (the “Site”), is published and maintained by subsidiaries, affiliates, and/or related entities of Porteco Lighting, LLC. Please note that when you enter any subsite accessible through this homepage or any other page on this site, such subsite may have its own terms and conditions of use which are specific to such subsite. When you access, browse, or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any subsite.
• Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Porteco Lighting grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
All materials on this Site, including but not limited to audio, images, software, text, and video clips (the “Content”), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. By making them available on this Site, Porteco Lighting is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.
• Porteco Lighting’s Rights to User’s Material
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Porteco Lighting uses such material. Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by Porteco Lighting anywhere in the world, in any medium, forever. Furthermore, Porteco Lighting is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree and understand that Porteco Lighting is not obligated to use any such ideas or materials, and you have no rights to compel such use.
• Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Porteco Lighting does not cause Porteco Lighting to have any special responsibility to you.
This website may contain links to other Internet sites on the World Wide Web. Porteco Lighting provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that Porteco Lighting approves of, endorses, or recommends that website. Porteco Lighting disclaims all warranties, express or implied, as to the accuracy, legality, reliability, quality, or validity of any content on any other website.
• Errors on Our Website
Despite Porteco Lighting’s efforts to ensure that the information on Porteco Lighting websites is accurate, complete and current, there may be instances when information about any product or service contains inaccurate or incomplete data, including data about price or availability. Porteco Lighting makes no warranty or guarantee that the information on Porteco Lighting websites is error-free, complete, or current. Porteco Lighting reserves the right to correct errors and/or update the content on our website at any time without notice. Porteco Lighting also reserves the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type.
• Availability of Products and Services
The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with Porteco Lighting’s authorized representative for the availability of specific products and services in your area.
• Porteco Lighting’s Right to Change These Terms and Conditions of Use or Content on the Site
Porteco Lighting may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Porteco Lighting may add, change, discontinue, remove, or suspend any other content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability. Porteco Lighting reserves the right to change pricing, terms, specifications and warranties without notice. Online sales are intended for, and limited to, personal use and domestic sales only. We reserve the right to limit the number of products sold, including the right to prohibit sales to re-sellers. Prices do not include shipping, tax or insurance. Porteco Lighting does not review or edit any portion of gift messages and disclaim all responsibility for their content. Porteco Lighting disclaims all responsibility for the accuracy of any map or direction presented on our website.
You agree to forever indemnify, defend, and hold Porteco Lighting and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, “Indemnified Parties”), harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of or in any way relating to any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in Porteco Lighting’s defense of any claim. Porteco Lighting reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Porteco Lighting.
• Disclaimer of Warranties and Damages; Limitation of Liability
Porteco Lighting, LLC provides the Porteco Lighting website and their contents on an “as is” basis and makes no warranty or representation regarding any product or service, either expressed or implied. Your use of this site is at your own risk. Porteco Lighting makes no representations or warranties of any kind whatsoever (1) for the accuracy, merchantability, fitness for a particular purpose, or non-infringement of any content published on or available through the site; (2) that the server that makes this site available is free of viruses or other components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the site. Under no circumstances, including but not limited to Porteco Lighting’s negligence, shall Porteco Lighting be liable for any consequential, direct, incidental, indirect, punitive, or special damages related to (a) the use of, (b) the inability to use, or (c) errors or omissions in the contents and functions of this site, even if Porteco Lighting or an authorized representative thereof has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. In no event shall Porteco Lighting’s total liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed one hundred dollars ($100.00).
• Porteco Lighting Announcements
Porteco Lighting’s press releases, announcements, and postings to Porteco Lighting websites contain forward-looking statements that involve risk and uncertainties. They do not constitute an offer to sell or an obligation to buy any security.
• General Provisions
These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between Porteco Lighting and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Oregon, United States of America, without reference to its conflicts of law rules. You consent to the exclusive jurisdiction of and venue in any state or federal court located in Multnomah County, Oregon. You further waive any right you may have to a trial by jury. You agree that if any part of these terms is found to be unenforceable, the remainder of these terms will remain in full force and effect. Signatures and/or consents may be evidenced by facsimile, and may be evidenced by e-mail and/or electronic signatures. Documents with original signatures shall be provided upon request. If Porteco Lighting finds it necessary to enforce any right under any Porteco Lighting website or under any agreement with you, Porteco Lighting will be entitled to attorney fees and all costs incurred in any manner of enforcing such rights, including without limitation, the collection of any sums past due. Any sums not received by Porteco Lighting within the invoice terms are subject to a service charge of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. Porteco Lighting will not be responsible for failure to perform its obligations under any Porteco Lighting website or under any agreement with you due to causes beyond Porteco Lighting’s control or circumstances that would render performance by Porteco Lighting impracticable or commercially unreasonable.
• Copyright Notice
All content on this site is the property of Porteco Lighting or its content suppliers and protected by U.S. and international copyright laws. All software used on this site is the property of Porteco Lighting or its software suppliers and protected by U.S. and international copyright laws. Users of this site may use the content and software on this site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.
• Collection of Information: Cookies; Personal
For each visitor to a Porteco Lighting website, Porteco Lighting’s web server may automatically recognize and store information, such as the visitor’s IP address/domain name combination and any referring websites. We may use this information to understand visitor traffic patterns through our websites for purposes such as enhancing their usability. Your computer provides this information automatically each time you log on, unless you’ve activated blocking technology available in some browsers.
When you visit Porteco Lighting’s websites or advertisements appearing thereon, or use one or more of the Porteco Lighting website services, we may use an industry-wide technology called “cookies” which stores certain information on your computer and which will allow us to customize your experience to better match your interests and preferences, or to simply facilitate your signing in to use the services. Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, we may not be able to restore any preferences or customization settings you previously specified, and our ability to personalize your online experience would be limited. Please refer to your browser instructions or “help” screen to learn more about these functions.
Also, Porteco Lighting, or third parties on its behalf, may collect anonymous information from visits to our sites through the use of “Web Beacons.” Web Beacons are electronic Web Page images that enable us to record anonymous data about visits to our web site. This anonymous information is sometimes known as “click stream data.” We may use this data to analyze trends and statistics to improve your online experience, or customer service. No personal data is collected through the use of Web Beacons on our sites.
Additionally, Porteco Lighting may ask you to provide “personal information,” meaning individually identifiable information such as your e-mail address, name, mailing address, telephone number, social security number, credit card number, or persistent identifier (such as a customer number held in a cookie) which is associated with individually identifiable information, to enable you to fill out a registration, or to order products and services using these websites. Porteco Lighting may combine the information you provide on our websites with other information we may collect from you offline or from third parties so that we can more effectively tailor our website, services, and offerings to you. If you provide Porteco Lighting with personal information, you shall have the right, on reasonable prior notice, to inspect, change, amend, or delete such information. Instructions on how to update personal information will be given at the point of data collection.
Unless you instruct us otherwise, Porteco Lighting may contact you to provide information about products, services, promotions, contests, or other activities or offerings that may be of interest to you. You can instruct us whether or not you wish to be contacted by checking or removing the check from the box indicating your preference as applicable at the place where your information is collected, or by other means (such as an e-mail request). In addition, with each communication you receive from Porteco Lighting, you will be given the opportunity to indicate if you do not wish to receive future communications.
Unless it is for the purposes you have requested or originally agreed, Porteco Lighting will not share the personal information you provide on the Porteco Lighting websites with any other parties, except (a) with your consent; (b) as may be required by law or court order; (c) to persons or companies with whom Porteco Lighting contracts to carry out the internal operations of the website or our business; or (d) under exigent circumstances to protect the personal safety or property of our users, the public, or ourselves.
• Use and Disclosure of Anonymous Aggregated Information
Porteco Lighting may also collect, aggregate, and maintain anonymous information about the visitors to our websites, such as visitors’ hobbies, interests, purchasing habits, music preferences, and the like. This data can then be used to tailor Porteco Lighting’s website content and advertising to deliver a better experience for our visitors. In addition, Porteco Lighting may also share such aggregate information about our visitors with advertisers, business partners, sponsors, and other third parties; for example, to inform them about the percentage of male/female visitors or percentage of visitors within a particular age range.
While Porteco Lighting cannot guarantee that unauthorized access will never occur, rest assured that Porteco Lighting takes great care in maintaining the security of your personal information and in preventing unauthorized access to it through the use of appropriate technology and internal procedures.
• Notice To/Regarding Children Under the Age of 13
If you are under 13 years of age, you should not provide any personally identifiable information (for example, your last name, home address or e-mail address) on these sites without the knowledge and permission of your parent or guardian. If Porteco Lighting learns that you are under 13 years of age, Porteco Lighting will not maintain or use any personally identifiable information about you without the verifiable consent of your parent or guardian, except as allowed by law. This may mean that you will be unable to participate in some activities on the sites without that verifiable consent.
Porteco Lighting believes that children using the Internet require special protection and we urge parents or guardians to explain Internet safety to their children. Parents are urged to spend time online with their children to become familiar with the types of content available on the Porteco Lighting websites and the Internet in general. Control tools are available from online services and software manufacturers to help create a safer environment for children.
- If a child under 13 years of age wishes to participate in any Porteco Lighting website activity, or wishes to take advantage of a product or service offering, available to children, and to do so necessitates the furnishing of any of the child’s personal information, please note the following: Before any collection of a child’s personal information takes place at a website directed to children or where Porteco Lighting is knowingly collecting children’s personal information, the child will be asked to provide his/her parent’s or guardian’s e-mail address. Porteco Lighting will then send an e-mail (the “Initial Notification”) to the parent/guardian indicating, among other things, the information that the child is requested to provide; the intended use(s) of the information; and information on how the parent/guardian can, at their election, delete the child’s information from Porteco Lighting’s database or records. Upon receipt of the Initial Notification, a parent or guardian may respond back to Porteco Lighting to grant his/her consent or to deny consent, in which case Porteco Lighting will delete the parent or guardian’s e-mail address. Upon Porteco Lighting’s receipt of the parent/guardian consent, Porteco Lighting will send a confirming e-mail to the parent/guardian’s e-mail address.
- The e-mail address of the operator collecting or maintaining personal information from children through this website is: email@example.com.
- The types of personal information collected from children may include the name, e-mail address, home address, telephone number, and/or any other information reasonably necessary for the child to participate in a particular activity. This information may be collected directly and/or passively (e.g., through a web server that automatically recognizes and stores information, such as a visitor’s IP address/domain name combination).
- The information collected may be used for purposes such as fulfillment of a requested transaction, record keeping, or marketing back to the child.
- Unless specific consent is obtained from the child’s parent or guardian, the child’s personal information will not be disclosed to third parties who are not under contract with Porteco Lighting to carry out the internal operations of the websites, other than as may be required by law. We have required, or will require, such contractors to agree to use personal information of website visitors only for the purposes of carrying out these operations and to keep such information confidential. A parent or guardian has the option of consenting to the collection and use of the child’s personal information without consenting to the disclosure of that information to third parties. Porteco Lighting is prohibited from conditioning a child’s participation in an activity on the child’s disclosing more personal information than is reasonably necessary to participate in such activity.
- A parent can review and have deleted the child’s personal information, can refuse to permit further collection or use of the child’s information, and can revoke or limit consents previously given. For instructions on how to do so, please send an e-mail to: firstname.lastname@example.org.
- If Porteco Lighting desires to use a child’s information for purposes other than that for which the parent/guardian consent was previously given, Porteco Lighting will not do so without first getting the parent/guardian consent.
• Consent to Processing
By providing any personal information to the Porteco Lighting websites, all users, including without limitation users in the member states of the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States of America.
If you have any questions or comments about our personal information practices or about this privacy statement, please feel free to send us an e-mail at email@example.com. For any Customer Service issues with products or services please feel free to send us an e-mail at firstname.lastname@example.org To report any technical problems with this website, you can E-Mail us at: email@example.com.
© Copyright 2010 Porteco Lighting, LLC. All Rights Reserved.