1. Introduction.
This document sets forth the terms and conditions ("Terms and Conditions") governing your use of www.lightactive.com (the “Website”) and the information and services made available on and through the Website. Please read this page carefully. The Terms and Conditions, when agreed to by you, will form a binding legal agreement (the “Agreement”) between you and Lightactive™ ("Lightactive™", "we," "us," "our," and other similar pronouns).
2. Acceptance of Terms and Conditions of Use.
Your use of the Website indicates your acceptance of these Terms and Conditions without limitation or qualification. If you do not accept these Terms and Conditions, you may not use the Website. From time to time these Terms and Conditions may be revised by updating this document and posting it on the Website. It is your obligation to review these Terms and Conditions from time to time. Your continued use of the Website will constitute your agreement to the most current version of these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, you must cease your use of the Website.
3. Termination of Access.
The use of the Website and its services is a privilege. Lightactive™ reserves the right to suspend your use of the Website for any reason at any time, in its sole discretion.
4. Definitions.
For the purposes of this Agreement, the following definitions apply:
"Content" includes all Text, Graphics, Design and Programming used on the Website.
"Text" includes all text on every page of the Website, whether editorial, navigational or instructional.
"Graphics" includes all logos, buttons and other graphical elements on the Website, with the exception of paid advertising banners.
"Design" includes the color combinations and the page layout of the Website.
"Programming" includes both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Website.
"User" refers to any individual who uses any aspect of the Website or its services.
"You" refers to the person accessing the Website and agreeing to these Terms and Conditions.
5. Intellectual Property Rights.
All Content on the Website is the sole property of Lightactive™ or their respective owners, as indicated, and is protected by U.S. copyright and international treaties. Lightactive™ authorizes you to view and download a single copy of the Content on the Website solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate Web pages on the Website, as well as any Graphics.
The "look" and "feel" of the Website (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by U.S. copyright law. All product names, names of services, trademarks and service marks ("Marks") are the property of Lightactive™ or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.
6. Acceptable Use of the Website.
The Website and its services are intended to educate the general public about Lightactive™ and to facilitate the offering for sale of products and services of Lightactive™. The Website may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Website. The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by these Terms and Conditions, and may not be excerpted, summarized, duplicated or otherwise removed from the Website. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law.
You may not interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any Users.
7. Limitations on Information Submitted.
Any submission of information to Lightactive™ through the Website is subject to the following guidelines and restrictions:
It may not contain URLs or links to any Internet websites (To advertise your company or website, contact our Sales department).
It may not contain copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material).
It may not contain trade secrets (unless you own them or have the owner’s permission to post them).
It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights.
It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful.
It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you.
It may not present information which impersonates another person, whether living or dead, misstates the identity of any person, or misstates or misleads as to gender or age.
You may not solicit money, investments or make any offering of securities or investments.
You may not submit chain letters or pyramid schemes.
You may not submit opinions or notices, commercial or otherwise.
8. Monitoring of Information.
Lightactive™ does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Website. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, Lightactive™ may in its discretion review information submitted to the Website for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the Website for any reason whatsoever.
9. Rights to Information.
User hereby grants to Lightactive™ an irrevocable, perpetual, worldwide right and license to use and display all information submitted by you, subject to the Privacy Guidelines set forth herein and in the Privacy Policy for the Website.
10. Security Rules.
To ensure the security of the Website and of Users, the following security rules govern your use (the “Security Rules”):
Protect your password. You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your registration, whether or not authorized by you. In the event you lose your password or become aware of misuse or unauthorized use of your password, it is your obligation to notify Lightactive™. Lightactive™ shall have no responsibility for lost or misused passwords or for unauthorized access occasioned by the foregoing.
Prohibited Uses:
accessing data not intended for you or logging into a server or account which the you are not authorized to access.
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mailbombing" or "crashing".
sending unsolicited e-mail, including promotions and/or advertising of products or services.
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violation of these Security Rules may result in civil or criminal liability in addition to the termination of your access rights. Lightactive™ will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
11. Termination of Access to Website.
Users who violate these Terms and Conditions may be denied access to the Website at the sole discretion of Lightactive™.
12. Disclaimer of Warranties and Limitations of Liability.
Your agreement to the following disclaimers and limitations are a material inducement to Lightactive™ to permit you to access the Website. Your use of the Website, and the obligations and liabilities of Lightactive™ in respect of your use of the Website, is expressly limited as follows:
Conduct of Users. Lightactive™ assumes no responsibility for the activities or conduct of Users.
Third Party Information. The Website may display the content, services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Website, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by Lightactive™ on behalf of any third party. In addition, Lightactive™ does not endorse, warrant or otherwise guarantee the substance of any information posted by Users or third parties on the Website. Lightactive™ shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party websites accessed from the Website. Access to third party websites from the Website is done at your own risk.
DISCLAIMER OF WARRANTIES.
THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. LIGHTACTIVE™ DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
- LIGHTACTIVE™ MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ITS PRODUCT OR THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. LIGHTACTIVE™ MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE PERIOD OF TIME FOR WHICH ITS PRODUCTS WILL BE EFFECTIVE AT THE PREMISES. THE EFFICACY OF LIGHTACTIVE™’S PRODUCTS MAY DEPEND UPON A VARIETY OF FACTORS PARTICULAR TO THE SURFACE TO WHICH IT IS APPLIED INCLUDING, BUT NOT LIMITED TO, CONTAMINANT LOAD, ILLUMINATION LEVEL, SOILING, REMOVAL OF PRODUCT BY SCRATCHING, ABRASION AND CORROSION OF THE SUBSTRATE, OVER-COATING THE PRODUCT WITH PAINTS, WAXES, RESINS, BINDERS OR OTHER SIMILAR OR DISSIMILAR OCCURRENCES BEYOND LIGHTACTIVE™’S CONTROL.
IN ADDITION, THE WEBSITE CONTAINS DATA AND INFORMATION THAT HAVE NOT YET BEEN EVALUATED AND/OR ENDORSED BY REGULATORY AUTHORITIES. THE DESCRIBPTIONS OF INVESTIGATIONAL STUDIES, LITERATURE REFERENCES AND REPORTING OF PRODUCT EFFECTS HEREIN BY LIGHTACTIVE™ ARE NOT A REQUEST FOR RECLASSIFICATION, PROMOTION OR A CLAIM AS A DISINFECTANT, STERILIZER, SANITIZER OR PESTICIDE OF ANY INGREDIENT(S) OF LIGHTACTIVE™’S PRODUCTS. THE LIGHTACTIVE™ PRODUCT IS NOT REGISTERED AS A PESTICIDE AND IS NOT BEING SOLD OR OFFERED FOR SALE COMMERCIALLY AS A PESTICIDE UNTIL NECESSARY REGISTRATIONS ARE IN PLACE. LIGHTACTIVE™ IS REPORTING THE DISCOVERED EFFECTS OF THE PRODUCT WHEN USED AS DIRECTED AND IS NOT CLAIMING ANY PUBLIC HEALTH BENEFITS. INFORMATION IS BASED ON THIRD PARTY TESTING PER ISO STANDARDS. PHOTOCATALYTIC MATERIALS HAVE NOT BEEN DEMONSTRATED TO PROTECT HUMANS FROM CLINICAL DISEASE OR BACTERIA, VIRUSES, GERMS OR OTHER DISEASE-CAUSING ORGANISMS AND DO NOT REPLACE GOOD CLEANING/MAINTENANCE PRACTICES.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL LIGHTACTIVE™, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND AFFILIATES BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIGHTACTIVE™ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE WEBSITE OR U.S. $100.00.
Indemnification.
You agree to indemnify, defend and hold harmless Lightactive™, its officers, directors, employees, agents, representatives, subcontractors and affiliates from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of these Terms and Conditions.
13. General.
These Terms and conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state and federal courts within the State of New York. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of Lightactive™ to enforce any term or condition of these Terms and Conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement.
Last Updated: August 1, 2023