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Ownership of Site; Agreement to Terms and Conditions
These Terms and Conditions apply to the InLight Gobos website at www.inlightgobos.com, and all associated sites linked to this one. The website is the property of InLight Gobos, Inc. and its licensors. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
InLight Gobos reserves the right, in its sole discretion, to modify, change, remove, or add to any of these Terms and Conditions at any time without notice. You are responsible for checking these Terms and Conditions periodically for changes. Your continued use of the site after any changes have been posted will mean that you have accepted and agreed to all the changes.
Ownership of Content
All text, graphics, user interfaces, visual interfaces, pictures, artwork, trademarks, logos, sounds of any kind, and programming code (“Content”) are owned, controlled, or licensed by or to InLight Gobos and are protected by trade dress, copyright, patent, and trademark laws, as well as other state or federal laws covering intellectual property rights and unfair competition prohibitions. The
Content includes without limitation the design, structure, selection, coordination, expression, appearance, feel, and arrangement.
You may not copy, reproduce, republish, download, post, publicly display, encode, translate, transmit, or distribute the Content to any other computer, server, website, or other medium for any purpose without InLight Gobos’ prior written consent.
You may use information or services specifically made available on the website for downloading, but you may not remove any notice of InLight Gobos’ proprietary rights, and you may use such information or services solely for your own personal, non-commercial informational purposes. Do not copy or post such information on any networked computer or broadcast it in any media. Do not modify any information or services that you download.
***DISCLAIMERS***
INLIGHT GOBOS DOES NOT PROMISE THAT THIS WEBSITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE WEBSITE WILL BE FREE FROM ERROR OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED TO YOU “AS IS” AND “AS AVAILABLE.” ALL INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. INLIGHT GOBOS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES, CONTAMINATION, CORRUPTION, OR DESTRUCTIVE FEATURES. INLIGHT GOBOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. INLIGHT GOBOS SHALL NOT BE LIABLE FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH, OR RELATED TO, YOUR USE OF THE WEBSITE AND ANY GOODS OR SERVICES. YOUR SOLE REMEDY AGAINST INLIGHT GOBOS FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR CONTENT.
This disclaimer applies to any damages, injuries, liability, or claims, based on contract or tort, caused by any failure of performance, error, omission, interruption, modification, deletion, defect, delay of any kind, virus, internet failure, theft, destruction, unauthorized access.
Privacy
InLight Gobos’ Privacy Policy is incorporated into, and made a part of, these Terms and Conditions. You may view the current Privacy Policy by clicking on the appropriate link. By using this Website, you acknowledge and agree that internet transmissions are never completely private or secure. You recognize that any message sent to InLight Gobos through this website may be read or intercepted by others, even if a particular transmission has been encrypted.
Purchases
InLight Gobos’ obligations regarding any purchases of goods or services are governed solely by these Terms and Conditions and any other written agreement that InLight Gobos may sign with its customer. InLight Gobos may change the goods, services, or prices offered on this website without notice at any time. The information on this website may be out of date, and InLight Gobos is not obligated to update the materials.
Payments
Payment is due by credit card or other internet payment system at the time of purchase, unless InLight Gobos has agreed to prior financing arrangements in writing. Any sums not paid when due shall accrue interest at the rate of 18% per annum until paid. Interest, or any amounts which might be construed as interest, shall not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law. Any interest, or any amounts which might be construed as interest, in excess of such maximum amount shall be credited on the principal of the debt or, if the debt has been paid, refunded. Customer does hereby appoint InLight Gobos its true and lawful attorney to prepare, execute, and sign such Financing Statements as may be necessary to protect its interest in the goods sold hereby, and to sign the name of customer with the same force and effect as if signed by customer itself, and to file same at customer's sole cost and expense in the property State(s) and County(ies) as required,
and customer does hereby declare such Financing Statements signed by InLight Gobos as its attorney shall be binding upon customer, its heirs, personal representatives, successors and assigns.
Upon the failure of customer to pay InLight Gobos upon demand any sums due hereunder, in addition to any other rights and remedies available to InLight Gobos by law or in equity, InLight Gobos shall have all the rights and remedies of a secured party under the Uniform Commercial Code of the State of Texas, as amended from time to time, without any further notice or demand. As a further remedy, and without limiting in any way customer's right to seek any remedy in law or in equity to which it may be entitled, InLight Gobos may at its option take possession of any or all products purchased through this website wherever same may be located without demand or notice, without any court order or process of law and without liability to InLight Gobos for damages occasioned by such taking of possession, and without being liable to any suit or other action or other proceeding by customer or any assignee of customer. Any failure by InLight Gobos to exercise or delay in exercising any right or remedy hereunder shall not waive further or subsequent exercise of such rights or remedies by customer.
Customer hereby expressly waives any and all notice, demand, presentment for payment, protest, and any and all other notices of any kind to which customer may be entitled.
***LIMITED WARRANTY***
EXCEPT AS SET OUT BELOW IN THIS PARAGRAPH, INLIGHT GOBOS MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF ANY PRODUCT SOLD TO CUSTOMER, ITS MERCHANTABILITY, ITS FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE, ITS DESIGN, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT OF ANY CHARACTERISTICS OF THE PRODUCT. INLIGHT GOBOS SELLS ITS PRODUCTS “AS IS” AND WITH ALL FAULTS. UNDER NO CIRCUMSTANCES, INLIGHT GOBOS SHALL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, AGAINST INLIGHT GOBOS, REGARDLESS OF WHETHER INLIGHT GOBOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO DEFECT, DAMAGE, OR UNFITNESS OF THE PRODUCTS FOR ANY PURPOSE SHALL RELIEVE CUSTOMER OF THE OBLIGATION TO PAY FOR THE PRODUCTS IN ACCORDANCE WITH THESE TERMS AND CONDITIONS OR RELIEVE CUSTOMER OF ANY OTHER OBLIGATION UNDER THESE TERMS AND CONDITIONS. INLIGHT GOBOS CANNOT GUARANTEE TO MATCH EXACTLY CERTAIN COLORS, GRAPHIC COMPONENTS, OR SCRIPT TYPES.
Where the products have been manufactured by InLight Gobos and are found to be defective, InLight Gobos’ only obligation, in its sole discretion, shall be to repair or replace defective products free of charge upon the following conditions:
(i) Customer has an obligation to inspect the products immediately upon receipt.
(ii) Customer shall notify InLight Gobos in writing of any alleged defect within three (3) days of receipt of the products.
(iii) Customer shall return the products within five (5) days of giving notice under section (ii) above for InLight Gobos to inspect.
(iv) If the products are defective due to InLight Gobos design, workmanship, or materials and the defect has not been caused by customer's failure to comply with InLight Gobos' oral or written instructions regarding storage, installation, use, or maintenance of the products or customer's failure to comply with good trade practice, InLight Gobos will, at its discretion,
repair or replace the products.
(v) Products shall be delivered to InLight Gobos and returned to customer at customer's expense, including freight and insurance costs.
Where products have been manufactured and supplied to InLight Gobos by a third party, InLight Gobos shall, where possible, pass on to customer the benefit of any warranty granted to InLight Gobos by such third party.
Indemnity
By your use of this website, you agree to indemnify and hold harmless InLight Gobos, and its officers, directors, shareholders, employees, and agents, from any demands, loss, liability, claims, judgments, or costs (including attorneys’ fees) brought against InLight Gobos by any third party arising out of your use of this website in any way.
Governing Law and Jurisdiction
These Terms and Conditions and any purchase of goods or services through the website shall be governed by, and construed in accordance with the laws of the State of Texas, and the parties submit to the jurisdiction of Texas state courts.
