- support@dvlight.com
WELCOME TO L DESIGNS PLUS!
TERMS and CONDITIONS
We are glad you have chosen to visit our Site. By using our Site,services, and/or products, offerings, you are accepting and agreeing to the following terms of use so please read them carefully. This is a binding Agreement. The terms “L Designs Plus” or “L Designs Plus.com” or “L Designs Plus” or “us” or “we” or “our” refers to L Designs Plus, the owner of the Site L Designs Plus.com and our affiliates, you know, the Site(s). The term “you” refers to the viewer or user of the Site and our services. If you do not agree with our terms of use, please do not use the Site.
Privacy Policy
We are committed to your online privacy & security. Please read our Privacy Policy, which is a part of this Agreement and may change from time to time.
Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected by applicable copyright, trademark and other intellectual property laws. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by the Section titled “Limited License; Permitted Uses” below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site is the copyrighted work of third parties.
Our Marks
“L Designs Plus,” is our service mark or registered service marks or trademarks. Also, graphics, logos, included or made available through the Site are trademarks or trade dress of ours. Other logos, brands, product and company names mentioned on the Site may be the property of their respective owners.
Errors, Corrections and Changes
Product Liability Waiver
L Designs Plus provides lighting products and related products.
L Designs Plus Inc.(“L Designs Plus”) offers its products to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your continued use of the products constitutes your agreement to the terms, conditions, and notices contained herein.
Therefore, we provide the following notice:
WARNING: Keep all products away from children.
The products have been designed for the specific use designated or as displayed on the L Designs Plus website. The products may not be used for unlawful uses or for uses not expressly stated
L Designs Plus does not represent or warrant that the use of the products will have the results described or that the information provided with any product is complete, accurate, or useful. You should test the product to determine its properties and suitability for your intended use.
L DESIGNS PLUS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THIS PRODUCT. THIS PRODUCT IS PROVIDED 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, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
L DESIGNS PLUS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THIS PRODUCT, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. IN NO EVENT WILL L DESIGNS PLUS’S LIABILITY EXCEED THE VALUE OF THE PRODUCT(S) SOLD.
You agree to indemnify, hold harmless, and defend L Designs Plus, 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 product.
YOU UNDERSTAND AND AGREE THAT THE USE OF L DESIGNS PLUS’S PRODUCTS AND THE CIRCUMSTANCES IN WHICH THE PRODUCTS MAY BE USED MAY INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS, AND DEATH. YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITIES FOR LOSSES, COSTS, AND DAMAGES THAT YOU MAY INCUR AS A RESULT OF YOUR USE OF THE PRODUCTS. WILL NOT MAKE L DESIGNS PLUS RESPONSIBLE FOR THE RISKS AND DANGERS INHERENT IN DANGEROUS SITUATIONS.
WARNING: NOT INTENDED FOR CHILDREN. L Designs Plus sells high quality products.. The products sold are NOT intended for use by children. Some products are sold for use on children and to protect children but are only to be used and operated by adults.
The product liability disclaimer document states L Designs Plus’s entire obligation with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable, or illegal, including, but not limited to the warranty disclaimers, liability disclaimers, or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
If you place an order for item(s) that were mispriced, you will be notified in most cases. We apologize for the inconvenience. Please understand that we reserve the right to cancel any order for any reason at any time.
Linking to the Site
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or obscene activities, and (c) you discontinue providing links to the Site immediately upon request by us.
Registration
You are responsible for your use of the Site, and any use of the Site made using your account. Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. The personal information you provide to us is governed by the Privacy Policy. You acknowledge we may establish policies and practices concerning use of the Site, including policies that may delete or remove content or data, terminate inactive accounts, and any other policies and practices in our business interest. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice. The Site is not available to minors (people under the age of majority in their state or province of residence), except in the limited circumstances outlined in our Privacy Policy. If you are under the age of 16, please see our Privacy Policy. The service is not available to temporarily or permanently suspended members of the Site. We reserve the right to refuse access to the Site, or terminate the account of any user, in our sole discretion and for any reason or no reason at all. You are responsible for maintaining the confidentiality of your password and account and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of account security. We will not be liable for any loss or damage arising from your failure to comply with this Section.
Third Party Content
Third party content may appear on the Site or may be accessible via links from the Site. We are not liable nor responsible for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. We will not be liable in any way for (1) any items or content on the Site posted by third parties, other users, or at the direction of users (all, “Third Party Materials”), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Materials on the Service; and you acknowledge that we do not, and are under no obligation, to review, screen, or inspect any Third Party Materials on the Site, although we reserve the right to do so, and remove Third Party Materials at Our sole discretion. You agree that you bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Materials. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. If you enter address information, we may use it with Google Maps, to simplify entry and format it consistently for our shipping partners. You can find Google’s Terms of Service here. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You grant L Designs Plus a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights and any other rights necessary to effectuate our ability to use the content consistent with this license that you have in the content, in any media now known or not currently known, with respect to your content. By posting your content on our Site, it is possible for an outside website or a third party to re-post or index that content. You agree to hold us harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below. If you choose to display your own L Designs Plus-hosted image on another website, the image must provide a link back to its listing page on our Site.
Payments
You represent and warrant that if you are purchasing something through our Site that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Taxes
Purchased items may be subject to applicable taxes in your jurisdiction, which we will collect from buyers on behalf of sellers, including L Designs Plus and third-party sellers, where obligated to do so, and in the event taxes are collected and we are legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of sellers. Note that taxes are not included in the listed price for items, but, before confirmation of the purchase, an estimate thereof may be displayed before confirmation of purchase. Taxes may be estimated based on offers made on items, but are subject to change if final sale price is different than original offer. Tax estimates are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess taxes upon purchase or sale you are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where we do not collect any taxes, or all applicable taxes, from buyers.
Buyer Payment Commitment
When a buyer pays through the payment portal, they commit to completing the order and communicating any order issues through the website as soon as possible. If a buyer files a dispute with their financial institution, new L Designs Plus.com transactions will be paused until the dispute is resolved. If the bank decides in the buyer’s favor, the buyer is still responsible unless L Designs Plus states otherwise. The balance must be paid before any new purchases can be made. L Designs Plus Support for L Designs Plus.com purchases will be paused until payment has been collected.
Links to other Web Sites
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. Even though we are not obligated to, in our sole discretion, we will use reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take action where appropriate.
Information and Press Releases
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about businesses and sellers other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
Forms, Agreements & Documents
We may make available through the Site or through other Web sites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by the Section titled “Limited License; Permitted Uses” above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Termination
We may suspend or terminate your account at our discretion without explanation, notice, and liability to us including removing and discarding any items or content on the Site, for any reason, though we will strive to provide a timely explanation. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Site, may be referred to appropriate law enforcement authorities. You may terminate this Agreement by closing your account on the Site. We will not have any liability whatsoever to you for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, fees, warranty disclaimers, indemnity and limitations of liability.
Nontransferable
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
Indemnification
You agree to release, indemnify, defend and hold us and our agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, demand, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement, use of the Site or you and your accounts infringement of someone else’s rights. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable law.
Disclaimer
YOUR USE OF OUR SITE IS AT YOUR OWN SOLE RISK. THE INFORMATION AND CONTENT FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, L DESIGNS PLUS MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH OUR SITE OR THAT THE SITE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS.
WE MAKE NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.
Limitation of LiabilityWe and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom; (b) the unavailability or interruption of the Site or any features thereof; (c) your use of the Site; (d) the content contained on the Site; (e) purchases, sales, or other obligations that may happen between users; (f) any negative or critical comments that may be posted on the Site by other users; (g) any third party personally identifiable information you upload or provide to us pursuant to the Site; (h) any cost of substitute goods or services; or (i) any delay or failure in performance beyond our control.
You are solely responsible for your interactions with other users, including any purchase or sale transactions. You agree we will have no liability or responsibility with respect to such interactions, purchases, or sales. We reserve the right but are under no obligation to become involved in any dispute between you and another user.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR OUR AFFILIATED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, BREACH OF WARRANTY, TORT INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SITE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (3) ANY OTHER MATTER RELATED TO THE SITE. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE AGGREGATE LIABILITY OF US AND AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION AND SERVICES PROVIDED HEREIN OR HEREBY, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED TEN U.S. DOLLARS (USD $10) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our affiliates will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
Electronic Communication, Documentation
When you use the Service or send e-mails to us, you are agreeing to communicate with us electronically. This Agreement and any other documents reference herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding.
Miscellaneous
This Agreement shall be treated as though it were executed and performed in Lawrence, (County), Pennsylvania, and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (without regard to conflict of law principles). All disputes shall be resolved exclusively in state or federal court in Lawrence, (County), Pennsylvania. Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in sections Disclaimer and Limitation of Liability above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Arbitration
L Designs Plus is always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes please email us at info@LDesignsPlus.com. Any unresolved dispute shall be settled, using the English language, by binding and confidential arbitration, notice of which must be sent to us by you, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. If resolution is not reached within sixty (60) calendar days you or L Designs Plus may commence an arbitration proceeding. The arbitration will be conducted in the exclusive jurisdiction and venue of Lawrence, (County), Pennsylvania, and will be conducted through document submission or telephonic hearing unless in person arbitration is legally required. Arbitration shall be subject to the Federal Arbitration Act, or applicable binding arbitration in Lawrence, (County), Pennsylvania. The arbitration will be governed by the American Arbitration Association’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer Related Disputes. L Designs Plus may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. YOU HEREBY WAIVE YOUR RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. Any claims brought by you must be brought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator will not have authority to award damages in excess of the amount allowed by this Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Agreement. All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Pennsylvania law or United States federal law. Notwithstanding anything to the contrary herein, any change made to this Arbitration Agreement may be rejected by you within thirty (30) calendar days of such change, and in the event of such rejection, the terms of the original Arbitration Agreement language will apply.
Modifications
This Agreement and the terms described herein are subject to change at any time in our sole discretion. We may modify or discontinue the Site with or without notice. We are not liable to you or any third party for any such modification or discontinuation. When changes are made to this Agreement, we will make a new copy of the Agreement available by posting on our Site. We will also update the “Last Revised” date at the top of the Agreement. If we make any material changes, and you have registered to use the Site, we may also notify you via email or via the Site. Changes will be effective immediately for new users and will be effective ten (10) days after posting notice of such changes on the Site for existing users. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, do not use or access (or continue to use or access) the Site.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our sites (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
Privacy Policy
We are committed to your online privacy & security. Please read our Privacy Policy, which is a part of this Agreement and may change from time to time.
Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected by applicable copyright, trademark and other intellectual property laws. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by the Section titled “Limited License; Permitted Uses” below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site is the copyrighted work of third parties.
Our Marks
“L Designs Plus,” is our service mark or registered service marks or trademarks. Also, graphics, logos, included or made available through the Site are trademarks or trade dress of ours. Other logos, brands, product and company names mentioned on the Site may be the property of their respective owners.
Errors, Corrections and Changes
Product Liability Waiver
L Designs Plus provides lighting products and related products.
L Designs Plus Inc.(“L Designs Plus”) offers its products to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your continued use of the products constitutes your agreement to the terms, conditions, and notices contained herein.
Therefore, we provide the following notice:
WARNING: Keep all products away from children.
The products have been designed for the specific use designated or as displayed on the L Designs Plus website. The products may not be used for unlawful uses or for uses not expressly stated
L Designs Plus does not represent or warrant that the use of the products will have the results described or that the information provided with any product is complete, accurate, or useful. You should test the product to determine its properties and suitability for your intended use.
L DESIGNS PLUS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THIS PRODUCT. THIS PRODUCT IS PROVIDED 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, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
L DESIGNS PLUS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THIS PRODUCT, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. IN NO EVENT WILL L DESIGNS PLUS’S LIABILITY EXCEED THE VALUE OF THE PRODUCT(S) SOLD.
You agree to indemnify, hold harmless, and defend L Designs Plus, 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 product.
YOU UNDERSTAND AND AGREE THAT THE USE OF L DESIGNS PLUS’S PRODUCTS AND THE CIRCUMSTANCES IN WHICH THE PRODUCTS MAY BE USED MAY INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS, AND DEATH. YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITIES FOR LOSSES, COSTS, AND DAMAGES THAT YOU MAY INCUR AS A RESULT OF YOUR USE OF THE PRODUCTS. WILL NOT MAKE L DESIGNS PLUS RESPONSIBLE FOR THE RISKS AND DANGERS INHERENT IN DANGEROUS SITUATIONS.
WARNING: NOT INTENDED FOR CHILDREN. L Designs Plus sells high quality products.. The products sold are NOT intended for use by children. Some products are sold for use on children and to protect children but are only to be used and operated by adults.
The product liability disclaimer document states L Designs Plus’s entire obligation with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable, or illegal, including, but not limited to the warranty disclaimers, liability disclaimers, or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
We may make changes to the pricing, features, functionality or content of the Site at any time without notice to you. We do not represent or warrant that the product information, pricing, or other information available on or through the Site will be correct, accurate, timely or otherwise reliable. We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We reserve the right in our sole discretion to edit or delete any documents, information, prices or other content appearing on the Site, including but not limited to the right to cancel, suspend, terminate, delay, or delist any content published on the L Designs Plus site (without providing any explanation).
If you place an order for item(s) that were mispriced, you will be notified in most cases. We apologize for the inconvenience. Please understand that we reserve the right to cancel any order for any reason at any time.
Linking to the Site
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or obscene activities, and (c) you discontinue providing links to the Site immediately upon request by us.
Registration
You are responsible for your use of the Site, and any use of the Site made using your account. Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. The personal information you provide to us is governed by the Privacy Policy. You acknowledge we may establish policies and practices concerning use of the Site, including policies that may delete or remove content or data, terminate inactive accounts, and any other policies and practices in our business interest. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice. The Site is not available to minors (people under the age of majority in their state or province of residence), except in the limited circumstances outlined in our Privacy Policy. If you are under the age of 16, please see our Privacy Policy. The service is not available to temporarily or permanently suspended members of the Site. We reserve the right to refuse access to the Site, or terminate the account of any user, in our sole discretion and for any reason or no reason at all. You are responsible for maintaining the confidentiality of your password and account and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of account security. We will not be liable for any loss or damage arising from your failure to comply with this Section.
Third Party Content
Third party content may appear on the Site or may be accessible via links from the Site. We are not liable nor responsible for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. We will not be liable in any way for (1) any items or content on the Site posted by third parties, other users, or at the direction of users (all, “Third Party Materials”), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Materials on the Service; and you acknowledge that we do not, and are under no obligation, to review, screen, or inspect any Third Party Materials on the Site, although we reserve the right to do so, and remove Third Party Materials at Our sole discretion. You agree that you bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Materials. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. If you enter address information, we may use it with Google Maps, to simplify entry and format it consistently for our shipping partners. You can find Google’s Terms of Service here. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You grant L Designs Plus a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights and any other rights necessary to effectuate our ability to use the content consistent with this license that you have in the content, in any media now known or not currently known, with respect to your content. By posting your content on our Site, it is possible for an outside website or a third party to re-post or index that content. You agree to hold us harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below. If you choose to display your own L Designs Plus-hosted image on another website, the image must provide a link back to its listing page on our Site.
Payments
You represent and warrant that if you are purchasing something through our Site that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Taxes
Purchased items may be subject to applicable taxes in your jurisdiction, which we will collect from buyers on behalf of sellers, including L Designs Plus and third-party sellers, where obligated to do so, and in the event taxes are collected and we are legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of sellers. Note that taxes are not included in the listed price for items, but, before confirmation of the purchase, an estimate thereof may be displayed before confirmation of purchase. Taxes may be estimated based on offers made on items, but are subject to change if final sale price is different than original offer. Tax estimates are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess taxes upon purchase or sale you are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where we do not collect any taxes, or all applicable taxes, from buyers.
Buyer Payment Commitment
When a buyer pays through the payment portal, they commit to completing the order and communicating any order issues through the website as soon as possible. If a buyer files a dispute with their financial institution, new L Designs Plus.com transactions will be paused until the dispute is resolved. If the bank decides in the buyer’s favor, the buyer is still responsible unless L Designs Plus states otherwise. The balance must be paid before any new purchases can be made. L Designs Plus Support for L Designs Plus.com purchases will be paused until payment has been collected.
Links to other Web Sites
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. Even though we are not obligated to, in our sole discretion, we will use reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take action where appropriate.
Information and Press Releases
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about businesses and sellers other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
Forms, Agreements & Documents
We may make available through the Site or through other Web sites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by the Section titled “Limited License; Permitted Uses” above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Termination
We may suspend or terminate your account at our discretion without explanation, notice, and liability to us including removing and discarding any items or content on the Site, for any reason, though we will strive to provide a timely explanation. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Site, may be referred to appropriate law enforcement authorities. You may terminate this Agreement by closing your account on the Site. We will not have any liability whatsoever to you for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, fees, warranty disclaimers, indemnity and limitations of liability.
Nontransferable
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
Indemnification
You agree to release, indemnify, defend and hold us and our agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, demand, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement, use of the Site or you and your accounts infringement of someone else’s rights. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable law.
Disclaimer
YOUR USE OF OUR SITE IS AT YOUR OWN SOLE RISK. THE INFORMATION AND CONTENT FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, L DESIGNS PLUS MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH OUR SITE OR THAT THE SITE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS.
WE MAKE NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.
Limitation of LiabilityWe and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom; (b) the unavailability or interruption of the Site or any features thereof; (c) your use of the Site; (d) the content contained on the Site; (e) purchases, sales, or other obligations that may happen between users; (f) any negative or critical comments that may be posted on the Site by other users; (g) any third party personally identifiable information you upload or provide to us pursuant to the Site; (h) any cost of substitute goods or services; or (i) any delay or failure in performance beyond our control.
You are solely responsible for your interactions with other users, including any purchase or sale transactions. You agree we will have no liability or responsibility with respect to such interactions, purchases, or sales. We reserve the right but are under no obligation to become involved in any dispute between you and another user.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR OUR AFFILIATED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, BREACH OF WARRANTY, TORT INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SITE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (3) ANY OTHER MATTER RELATED TO THE SITE. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE AGGREGATE LIABILITY OF US AND AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION AND SERVICES PROVIDED HEREIN OR HEREBY, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED TEN U.S. DOLLARS (USD $10) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our affiliates will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
Electronic Communication, Documentation
When you use the Service or send e-mails to us, you are agreeing to communicate with us electronically. This Agreement and any other documents reference herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding.
Miscellaneous
This Agreement shall be treated as though it were executed and performed in Lawrence, (County), Pennsylvania, and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (without regard to conflict of law principles). All disputes shall be resolved exclusively in state or federal court in Lawrence, (County), Pennsylvania. Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in sections Disclaimer and Limitation of Liability above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Arbitration
L Designs Plus is always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes please email us at info@LDesignsPlus.com. Any unresolved dispute shall be settled, using the English language, by binding and confidential arbitration, notice of which must be sent to us by you, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. If resolution is not reached within sixty (60) calendar days you or L Designs Plus may commence an arbitration proceeding. The arbitration will be conducted in the exclusive jurisdiction and venue of Lawrence, (County), Pennsylvania, and will be conducted through document submission or telephonic hearing unless in person arbitration is legally required. Arbitration shall be subject to the Federal Arbitration Act, or applicable binding arbitration in Lawrence, (County), Pennsylvania. The arbitration will be governed by the American Arbitration Association’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer Related Disputes. L Designs Plus may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. YOU HEREBY WAIVE YOUR RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. Any claims brought by you must be brought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator will not have authority to award damages in excess of the amount allowed by this Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Agreement. All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Pennsylvania law or United States federal law. Notwithstanding anything to the contrary herein, any change made to this Arbitration Agreement may be rejected by you within thirty (30) calendar days of such change, and in the event of such rejection, the terms of the original Arbitration Agreement language will apply.
Modifications
This Agreement and the terms described herein are subject to change at any time in our sole discretion. We may modify or discontinue the Site with or without notice. We are not liable to you or any third party for any such modification or discontinuation. When changes are made to this Agreement, we will make a new copy of the Agreement available by posting on our Site. We will also update the “Last Revised” date at the top of the Agreement. If we make any material changes, and you have registered to use the Site, we may also notify you via email or via the Site. Changes will be effective immediately for new users and will be effective ten (10) days after posting notice of such changes on the Site for existing users. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, do not use or access (or continue to use or access) the Site.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our sites (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
