Terms and Conditions



PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of e3light Inc.. The collective work includes works that are licensed to e3light Inc.. Copyright 2003, e3light Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with e3light Inc. or purchasing e3light Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with e3light Inc. or to purchase e3light Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by e3light Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of e3light Inc. used in the site are trademarks or registered trademarks of e3light Inc.

Warranty Disclaimer

WHAT IS COVERED BY THIS WARRANTY

e3light Inc. (“e3light”) warrants to the original end-user purchaser that its hardware products will be free from defects in materials and workmanship under normal use for a period of TWO (2) YEARS from the date of retail purchase by the original end-user purchaser, with the exceptions, exclusions and limitations stated in this Limited Warranty.

e3light’s limited warranty to the original end-user purchaser applies only to hardware products manufactured by, for or on behalf of e3light or e3light Group A/S or their affiliates. E3LIGHT’S WARRANTY TO THE ORIGINAL END-USER PURCHASER IS LIMITED TO ITS HARDWARE PRODUCTS PURCHASED AND USED IN THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA AND THE COMMONWEALTH OF PUERTO RICO OR IN CANADA. e3light’s limited warranty covers only those defects that arise as a result of normal use of the product in an environment as specified in the accompanying instructions, and does not cover any other problems or defects, including, but not limited to, those that arise as a result of (a) improper use, improper maintenance, improper installation, modification, tampering or alteration; (b) operation outside the product specifications, including specifications regarding power surges; (c) any failure defect arising from the presence of a third party product or component; (d) unauthorized modifications; (e) misuse or abuse; (f) normal wear and tear, cosmetic damages or fading or discoloration caused by exposure to sunlight or chemicals; (g) damages or defects to consumable parts, such as batteries; (h) accidents, flood, fire, earthquake or other acts of God; or (i) if the e3light serial number has been removed or defaced.


WHAT E3LIGHT WILL DO

If e3ligtht receives, during the applicable warranty period, a valid notice of a defect in any product which is covered by e3light’s warranty, e3light will, at e3light’s option, within a reasonable time after being notified of the defect (a) repair the defect at no charge, using new or refurbished replacement parts or (b) replace the product. All replaced faulty parts and components will become the property of e3light. e3light shall have no obligation to repair or replace until the customer returns the defective product to the reseller of purchase. Any replacement product may be either new or like-new, provided that it has functionality at least equal to that of the product being replaced.


HOW TO OBTAIN SERVICE

In the event of a product defect, you should take the following actions:

1. Refer to the installation guide in order to identify and possibly correct the problem.

2. If the problem cannot be resolved by reference to the installation guide, please contact the authorized dealer where the product was originally purchased.

3. If necessary, the authorized dealer will arrange for repair or replacement of the product provided that you present the original sales invoice to document the date and place of the original purchase. The terms and conditions for a repair or replacement are subject to terms of delivery agreed between you and the authorized dealer to the extent the terms are not explicitly covered by this Limited Warranty. If you ship the Product, neither e3light nor the authorized dealer is liable for damages to the product caused during shipment. Thus, we recommend that you use the original shipping cartons for packing the product. If these cartons are not available, we suggest that you use a strong cardboard box and sufficient packaging (for example, Styrofoam, bubble wrap or similar) to provide at least 4 inches of packaging to fully surround products weighing 11 lbs. or more.


LIMITATIONS OF WARRANTY AND LIABILITY

ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THIS LIMITED WARRANTY. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE EXPIRATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.

EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL E3LIGHT OR ANY OF ITS AFFILIATES, INCLUDING BUT NOT LIMITED TO E3LIGHT GROUP A/S, OR THEIR THIRD PARTY SUPPLIERS OR MANUFACTURERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL THE LIABILITY OF E3LIGHT OR ANY OF ITS AFFILIATES OR ITS THIRD PARTY SUPPLIERS EXCEED THE RETAIL PURCHASE PRICE PAID BY THE ORIGINAL END-USER CUSTOMER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NO APPLY TO YOU.


HOW STATE LAW APPLIES
This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. To the extent this Limited Warranty is inconsistent with local law, the Limited Warranty shall be deemed modified to be consistent with such local law.


Typographical Errors

In the event that a e3light Inc. product is mistakenly listed at an incorrect price, e3light Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. e3light Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, e3light Inc. shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by e3light Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
e3light Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to e3light Inc..

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of e3light Inc. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of e3light Inc. products) must be commenced within one (1) year after the claim or cause of action arises. e3light Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. e3light Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a e3light Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

e3light Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, e3light Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, e3light Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to e3light Inc. in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless e3light Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, e3light Inc. may link to sites operated by third parties. However, even if the third party is affiliated with e3light Inc., e3light Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of e3light Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, e3light Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).