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American Lighting, Inc. or its affiliates (“ALI,” “we,” “us,” or “our”) provide the following websites: (i) www.Americanlighting.com; (ii) www.Prizmlighting.com; and (iii) www.Proluxelighting.com (collectively, the “Site”) and the products and services available on or through the Site (collectively, our “Products”). These Terms of Use (these “Terms”) are applicable to any person who accesses, visits, or otherwise uses the Site (each such person, “user,” “you,” or “your”) and govern your access to and use of the Products, the Site, as well as any information, text, graphics, photos, or other material uploaded to, downloaded from, or appearing on the Site or Products (collectively, the “Documentation”). When we use the term “Services” in these Terms, we mean, collectively, the Site, the Products, the Documentation, and the Website Content (defined below).

If you are accessing our Services as an agent, employee, or representative of your employer, then (i) the terms “user(s),” “you,” or “your” also mean your employer and/or any other party on whose behalf you act, and (ii) you represent and warrant that you have the authority to act on such party’s behalf.

Please read these Terms carefully before you use the Site or access or use any Services. BY CLICKING “I AGREE” OR BY ENTERING, ACCESSING, BROWSING, VISITING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT ENTER, ACCESS, BROWSE, VISIT, SUBMIT INFORMATION TO, OR OTHERWISE USE OUR WEBSITE OR SERVICES.

In addition to these Terms, we publish a privacy policy that explains how we collect, use, share, and protect information that you provide to us, including your personal information. Although not a part of these Terms, we encourage you to read the privacy policy, which is available here: [https://americanlighting.com/privacy-policy] (the “Privacy Policy”).

1. Access to and Use of the Site and the Services.

Access to certain portions of the Site, including the portions necessary to make purchases of Products via the Site, is restricted to users that have registered an Account with us (each such user with an Account, a “Registered User”). For more information about becoming a Registered User, and for the additional terms applicable to Registered Users and purchasing Products on the Site, please refer to Section 7 (Registered User and Product Terms).

  • 1.1 Limitations on Use

    he Services may be used and accessed for lawful purposes only. You shall, and hereby represent and warrant to us that you shall, abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:

    • 1.1.1 Transmit, copy, display, or submit any content, data, or information to which you do not have the lawful right to transmit, copy, display, and submit;
    • 1.1.2 Use the Site or Services for purposes that are unlawful, obscene, harmful, hateful, invasive of the privacy of others, objectionable, or otherwise prohibited by these Terms;
    • 1.1.3 Use the Services in a manner that could disable, overburden, or impair the Site or Services or interfere with another party’s use and enjoyment of the Site or Services, such as through sending “spam”;
    • 1.1.4 Seek to obtain access to any Services, materials, accounts, or information through hacking, data harvesting, data mining, or through other means we have not intentionally made available to you through the Site or Services;
    • 1.1.5 Infringe, misappropriate, or violate ALI’s or any third-party’s copyright, patent, trademark, trade secret, or other intellectual property rights, proprietary rights or rights of publicity or privacy; or
    • 1.1.6 use the Services in any way that competes with us; or
    • 1.1.7 encourage, collaborate, or instruct any other person or entity to do any of the foregoing.

    Any attempt to do any of the foregoing prohibited acts or to otherwise undermine the operation of the Site or Services may be a violation of criminal and/or civil law. Should you make such an attempt, we reserve the right, in addition to our other remedies, to seek damages (including without limitation attorneys’ fees) from you to the fullest extent permitted by law. We reserve the right, in our sole discretion, to audit or otherwise monitor any activity conducted using the Site or Services. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment. NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THE SITE OR SERVICES OR TO RETAIN THE CONTENT ON THE SITE UNLESS OTHERWISE AGREED OR REQUIRED BY LAW.

  • 1.2 Updates and Outages

    It may be necessary for ALI to perform scheduled or unscheduled repairs, maintenance, or upgrades to the Services. Such activities may temporarily degrade the performance or availability of the Services. ALI provides no assurance that you will receive advance notification of such activities or that the Services will be available, uninterrupted, or error-free.

  • 1.3 Links to Third-Party Websites

    The Services may contain links to other websites on the Internet that are not maintained by us. When you leave the Site, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. If you access any third-party site, please be aware that you are doing so at your own risk. Other websites are not under our control, and you acknowledge and agree that we shall not be responsible or liable for any of the text, images, videos, content or any other content or information from a third-party website or your use of or reliance on the same. We encourage you to review any such third-party website’s terms of use and privacy policy as those, and not our Terms and Privacy Policy, are applicable to your use of such third-party website and any information that the operator of such third-party website collects from you.

  • 1.4 Additional Restrictions on Use of Services.

    Access to the Site is intended only for users located within the United States. ALI makes no representation or warranty of any kind that use of this Site outside of the United States is lawful or permissible. Those who access this Site from other jurisdictions are responsible for their compliance with local laws pertaining to the use of this Site. The Site is also not intended for use by minors. By using the Site, you represent and warrant that you are eighteen (18) years of age or older.

2. Intellectual Property Rights.

  • 2.1 Ownership

    The Services, Site, and Documentation (including, except for Submitted Content, all information, software, artwork, trademarks, text, video, audio, pictures, logos, screens, and other content on the Site or embodied in our Services, including all associated intellectual property rights (“Website Content”)) are owned by us or our licensors. The Site and Documentation, collectively, are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You do not and will not acquire any intellectual property rights in the Services or the content published herein by your use of the Services, except that, subject to your compliance with the terms and conditions of these Terms, we grant you the license specified in Section 2.2 (Our Grant of Rights to You).

  • 2.2 Our Grant of Rights to You

    Based on your agreement to comply with these Terms, we grant you the right to access and use (a) all publicly available information on the Site and, if you are a Registered User areas of our Site for Registered Users, (b) Website Content, and (c) Services in order to: (i) learn more about ALI, our products, and our offerings; (ii) access and use the Services; (iii) provide information to us through our Site; and (iv) download and print forms and other materials provided on our Site, all solely for your personal or internal business purposes (collectively, the “General Permitted Purposes”). We strictly prohibit use of the Services for any purpose other than the General Permitted Purposes. If you breach any of these Terms, the above license will terminate automatically, and you must immediately cease your access and use to the Services. Except for the limited license expressly granted in this Section 2.2 (Our Grant of Rights to You), no licenses or rights are granted to you, whether by implication or otherwise, in or to any intellectual property rights owned or controlled by us or our licensors, and you agree not to challenge our or our licensors’ ownership of the same.

  • 2.3 Feedback and Suggestions

    All feedback, suggestions, ideas, and other submissions disclosed, submitted, offered, or otherwise provided to ALI or otherwise disclosed, submitted, or offered concerning the Services, ALI, or ALI’s other products or offerings (collectively, “Feedback”) will be ALI’s property. Such disclosure, submission, or offer of any Feedback shall constitute an assignment to ALI of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback. ALI will be under no obligation to (i) maintain any Feedback in confidence; (ii) pay any compensation for any Feedback; or (iii) respond to any Feedback.

3. Submitted Content

The term “Submitted Content” means information that you submit to our Site or otherwise make available to us, including, but not limited to: (i) Feedback, questions, comments, and suggestions you provide to us via the Site or Services; (ii) word documents, PDFs, and other information or data that you provide to us; and (iii) any other information or materials you provide to us or post directly or indirectly on our Site.

  • 3.1 Grant of Rights in Submitted Content.

    By providing Submitted Content, and subject to your rights in personal information set out in the applicable Privacy Policy, you authorize us to copy, modify, display, distribute, perform, use, and otherwise exercise applicable rights in the Submitted Content without compensation to you and for so long as we deem warranted (collectively, the “Use Rights”). In addition, you authorize us to permit third-parties to exercise these Use Rights as necessary. By way of example, the Use Rights include, unless otherwise prohibited by the applicable Privacy Policy or applicable law, the right for us to publish Submitted Content on our Site in whole or in part, and whether cropped, adopted, altered, or otherwise manipulated, for as long as we choose.

  • 3.2 Requisite Permission for Providing Submitted Content

    By providing Submitted Content, you represent and warrant that you own such Submitted Content (including any copyright and other intellectual property rights therein), or that you have obtained sufficient authority and right in and to the Submitted Content in order to provide the Use Rights.

  • 3.3 Submitted Content Containing Personal Information.

    If you provide Submitted Content to the Site that includes personal information, then we will treat such Submitted Content in accordance with such applicable Privacy Policy.

  • 3.4 Right to Decline Submitted Content.

    We expressly reserve the right to refuse to use (or to disable or remove) Submitted Content that for any reason, including if we conclude, in our sole discretion, that such Submitted Content violates these Terms, applicable law, the Privacy Policy, or is incompatible with the purposes of our Site, Services, or our operations.

4. Disclaimer

THE SERVICES, INCLUDING THE SITE, PRODUCTS, DOCUMENTATION, AND ALL INFORMATION, CONTENT, AND MATERIALS PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALI, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (i) THE WARRANTY OF MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND (ii) ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICES, INCLUDING THE SITE, PRODUCTS, DOCUMENTATION, OR ANY INFORMATION, CONTENT, OR MATERIALS FOUND VIA THE SERVICES OR THE SITE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING THE SITE, DOCUMENTATION, AND ITS AND THEIR CONTENT IS AT YOUR SOLE RISK.

5. Indemnification.

You agree to indemnify, defend, and hold harmless ALI, our licensors and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from (i) your access to or use of the Site, Services, Products, Documentation, Website Content, or any information, content, or materials provided in connection therewith; (ii) your violation of any provision of these Terms; (iii) if you have an Account (as defined below), any activity occurring on your Account by you or by any other person accessing your Account; or (iv) your violation of any applicable law, rule, or regulation, or any third-party right, including without limitation, any intellectual property, publicity, confidentiality, property, or privacy right. Notwithstanding the foregoing, ALI reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification or defense by you, in which event you will cooperate with us in asserting any available defenses.

6. Limitation of Liability.

N NO EVENT WILL ALI, OUR LICENSORS AND AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, ANY WEBSITES LINKED TO THEM, OR ANY INFORMATION, CONTENT, AND MATERIALS PROVIDED IN CONNECTION THEREWITH, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ALI, OUR LICENSORS AND AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, ANY WEBSITES LINKED TO THEM, OR ANY INFORMATION, CONTENT, AND MATERIALS PROVIDED IN CONNECTION THEREWITH EXCEED FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES WERE CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WHICH SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.

7. Registered User and Product Terms.

  • 7.1 Registration and Account Creation.

    To make a purchase on or through the Site, you are required to register an account with us (an “Account”). You will only be able to register an Account with us if you have been approved to do so by our sales team (in their sole discretion) based on certain criteria. If you would like to register for an Account and have not been approved to do so, please contact us using the contact information set out in Section 9.6 (Contact Us). By providing the information required to register an Account, you acknowledge and agree that we may, and you specifically authorize us and third-parties we select, to process all requests and transactions related to this Site and its operation. You agree, represent, warrant, and guarantee that all information you provide us to register your Account, regardless of the medium (e.g., through our Site, speaking to an ALI representative over the phone, etc.), is true, accurate, complete, up-to-date, and that you have the authorizations and consents required to provide us with such information. When you create an Account, you may be asked to choose a password or we will assign one to you. In all instances, you are responsible for safeguarding the confidentiality of your password, and you agree not to disclose your password to any third-party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account (for example, your password has been lost or stolen, someone has attempted to use Site or Services through your Account without your consent or your account has been accessed without your permission).

  • 7.2 Account Termination or Deletion.

    You may cancel your Account at any time by contacting us using the contact information set out in Section9.6 (Contact Us). At cancellation, your Account will be inactivated and you will no longer be able to log into your Account or make purchases using the Site. ALI may terminate your password, Account, or use of the Site or Services at any time at any time for any reason in its sole discretion, and ALI reserves the right to cancel any order by written notice to you with no liability or responsibility.

  • 7.3 Submitting Orders.

    ALI’s acknowledgment of an order signifies that we received your order request, but it does not constitute acceptance of your order or a promise to fulfill your order. Although we strive to provide accurate information on the Site, we cannot and do not guarantee the accuracy of the information on the Site, including, price, availability, specifications, and images. If we determine that information about an item you ordered is inaccurate or incomplete, we may cancel that order and provide you with a refund any applicable charges. ALI may, at its sole discretion (i) refuse service and to terminate your Account if ALI believes (in its sole discretion) that your conduct violates applicable law or the Terms, is harmful to the interests of ALI, or for any other reason; (ii) limit the quantity of items purchased per person, per Account or per order as determined in ALI’s sole discretion; and (iii) refuse or cancel any order placed through the Site. All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms.

  • 7.4 Fees and Payments.

    PRICES AND PRODUCT SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or on or through your Account. By confirming your purchase at the end of the checkout process, you expressly agree to accept and pay for the items, products, and/or services that you have requested. ALI accepts credit card payments for transactions from the following credit cards: VISA, MasterCard, Discover, and American Express; provided, however that this list is subject to change by ALI with or without notice to you. If you wish to apply for a line of credit with us, then please contact us using the contact information set out in Section 9.6 (Contact Us) to obtain a credit application and instructions for submitting such application and related materials. ALI reserves the right to deny or revoke credit or extension of credit to any user in its sole discretion, without recourse for the user and without prior notice to the user. Approved credit payments are due within thirty (30) days after the date of the invoice. Finance charges in the amount of the lesser of 1.75% per month (21.0% APR) or the maximum amount permitted under applicable law will be applied to all invoices with a past-due balance. Will call orders are subject to a $3.00 handling fee.

  • 7.5 Product Safety.

    You are required to comply with all documentation and safety information provided with the Products you order from the Site or that are otherwise made available to you by ALI. You must disconnect lighting products from the power supply before servicing or replacing bulbs. Only qualified personnel should install and perform service on lighting products. Periodic inspection and maintenance is required to keep equipment operating properly and at peak performance. Do not mount fixtures on or adjacent to combustible materials.

  • 7.6 Product Variations

    LED technology and other technology underpinning our Products are changing rapidly. LEDs are made in lots and sorted into bins based on wavelength ranges that achieve colors. Products ordered at different times may not have the same color appearance due to variations of up to 10% within lots, and by ordering products from ALI, you acknowledge and agree that you understand and accept these product variations in connection with your order.

  • 7.7 Order Cancellation Policy.

    ALI will not accept cancellation requests for any orders placed on the Site.

  • 7.7 Freight and Shipping

    Delivery shall be made F.O.B. Denver, Colorado unless otherwise agreed in writing by ALI. ALI ships all orders using our preferred carrier, and ALI shall have no obligation to ship any order on user’s own freight account. Pre-approved “Freight Allowed” orders will be shipped via Ground Delivery. Call factory for pre-approval and freight allowed amount. Products of a seasonal nature do not qualify for “Freight Allowed” shipping. Delivery is contingent upon strikes, fires, accidents, delays of carrier, or other delays beyond our control. We strive to ship available product the same day when orders are faxed and received by our Customer Service Department by 2:00pm MST, Monday – Friday, but will not be responsible for shipping delays. In the event that your order requires a lift gate with delivery, ALI will bill you, and you will reimburse ALI for, all lift gate charges imposed by our carrier.

  • 7.8 Freight and Shipping.

    Unless otherwise agreed in writing by ALI, delivery of Products are made FOB Shipping Point, which means that title and risk of loss for each Product you purchase on the Site transfers from ALI and passes to you upon ALI’s delivery of each such Product to the carrier. ALI ships all orders using our preferred carrier, and ALI shall have no obligation to ship any order on user’s own freight account. Pre-approved “Freight Allowed” orders will be shipped via Ground Delivery. Please contact us using the contact information set out in Section 9.6 (Contact Us) to obtain for pre-approval and freight allowed amount. Products of a seasonal nature do not qualify for “Freight Allowed” shipping. Delivery is contingent upon strikes, fires, accidents, delays of carrier, or other delays beyond our control. We strive to ship available product the same day when orders that are received by our Customer Service Department by 12:00pm MST, Monday – Friday, but will not be responsible for shipping delays. In the event that your order requires a lift gate with delivery, then please contact us using the contact information set out in Section 9.6 (Contact Us) If ALI provides you with a lift gate with delivery, then ALI will bill you, and you will reimburse ALI for, all lift gate charges imposed by our carrier. If you refuse a shipments or a shipment is undeliverable, then you will be subject to a 20% re-stocking fee for each Product subject to such shipment and you will be responsible for all applicable shipping costs.

  • 7.9 Drop Shipments.

    If you wish to request a drop shipment, then please contact us using the contact information set out in Section 9.6 (Contact Us). Each drop shipment will be subject to an additional fee in addition to the normal freight charges associated with the order. ALI will not be responsible for lost or stolen product or deliveries from a job site or delivery site.

  • 7.10 Small Order Charge.

    All orders under $50.00 will be subject to a $10 Small Order Charge.

  • 7.11 Freight Claims and Packaging.

    ALI endeavors to carefully inspect our products prior to packaging and pack our products properly for shipping. We cannot and do not assume responsibility for damage that occurs after we provide the Product(s) to the carrier or for any loss, damage, or theft that occurs after we provide the Product(s) to the carrier, and we hereby disclaim any and all liability for any such loss, damage, or theft. If you do not inspect the products upon arrival for possible concealed damage, you risk forfeiture of a freight claim. All freight claims for damages or breakage, whether obvious or concealed, must be submitted in writing by fax to the ALI Return Goods Authorization (RGA) Department within 48 hours of delivery of the Products. The ALI RGA Department fax number is 303-695-7633. ALI’s willingness to assist you with such claim does not indicate liability on the part of ALI for such claim which must be reported directly to the carrier.

  • 7.12 Product Warranties.

    The warranties for the Products are set out here: [_].

  • 7.13 Return Policy.

    The retention of any Product by you or for the benefit of you without written objection within five (5) days after delivery of such Product shall constitute an unconditional and absolute acceptance of such Product by you. Errors in billing and shipping must be reported in writing to the ALI’s RGA Department within five (5) days from delivery of the shipment via fax to 303-695-7633. All returns require a pre-authorized RGA number. Returns received without prior authorization will not be accepted by ALI. Your receipt of an RGA number does not imply acceptance and/or payment of credit; it is only permission to return material to ALI for evaluation. For proper credit, all returns must include the authorization number (clearly marked on the outside of each box) and a copy of the original invoice or packing slip. Please allow thirty (30) days for ALI to process each return as ALI tests each Product that is returned. All credits issued by ALI pursuant to an accepted return must be used within 120 days of issuance, or such credits will expire and no longer be valid for use. For each Product returned, you will incur a re-stocking fee based on the table below. You will also be responsible for all freight charges for each Product returned due to over-stock and/or from an ordering error. Sales of ‘seasonal products’ are final. Defective seasonal product may be returned for replacement only within our normal warranty period. Sales of any ‘Limited Quantities Available’ Product are final. Sales of “Custom Cut” and “By the Foot” linear lighting Products are considered “special order” and all sales are final. Defective linear Product may be returned for replacement only within our normal warranty period.

    Return Timeframe Re-Stock Fee
    0-180 Days 35%
    181-365 Days 50%

8. Termination.

ALI may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms. Any right or obligation that by its nature or intent is intended to survive any termination or expiration of these Terms shall survive the termination or expiration of these Terms.

9. Miscellaneous.

  • 9.1 Governing Law and Dispute Resolution.

    • 9.1.1 Governing Law.

      These Terms shall be construed, governed, and enforced under the laws of the United States and the State of Colorado (without regard to rules governing conflict of laws).

    • 9.1.2 Dispute Resolution; Arbitration.

      You agree that all actions relating in any manner to these Terms shall be resolved by binding administration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”). The situs for any such arbitration shall be Denver, CO. Prior to initiating arbitration, the party seeking to initiate arbitration shall provide written notice of the potential claim to the other party setting (a “Dispute Notice”) forth: (i) the factual and legal basis for the claim; (ii) contact information for the potential claimant and their counsel, if any; and (iii) the remedies sought, including the amount of claimed damages and the calculation for such damage. Each Dispute Notice shall be provided on an individualized basis. Following the other party’s receipt of the Dispute Notice, the parties agree to make a good faith effort for at least sixty (60) days to resolve the claim prior to filing a claim for arbitration. For the avoidance of doubt, the informal dispute resolution process outlined above is a prerequisite to filing a claim for arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim.

    • 9.1.3 Waiver of Class Action.

      YOU AND ALI AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO THESE TERMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT.

    • 9.1.4 Batch Arbitration.

      If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes, then you and ALI agree that AAA will administer them in batches of up to 50 claimants each (each, a “Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. AAA will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

    • 9.1.5 Injunctive Relief.

      You acknowledge and agree that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the dispute resolution provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms.

  • 9.2 Severability and Waiver.

    If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ALI in writing.

  • 9.3 Assignment.

    You may not assign or otherwise transfer any of your rights or obligations under these Terms without our prior written consent. Any assignment or transfer by you in contravention of this Section 9.3 (Assignment) will be null and void. ALI may assign these Terms at any time in our sole and absolute discretion. These Terms shall binding on and inure to the benefit of the parties hereto and their respective permitted successors and assigns.

  • 9.4 Force Majeure.

    ALI will not be liable for any failure to perform any of our obligations under the Terms during any period in which such performance is delayed by circumstances beyond our reasonable control, including without limitation, fire, flood, war, theft, embargo, strike, riot, unavailability of the Internet, or the intervention of any governmental authority.

  • 9.5 Notices to You.

    You acknowledge and agree that we may provide any notice or disclosure to you by making such notice or disclosure available on the Site, or by sending such notice or disclosure to you by email or other means at any of the contact information you have provided to us, and you agree that such notice or disclosure shall be valid and sufficient.

  • 9.6 Contact Us.

    We welcome your feedback or suggestions. If you have feedback or suggestions, then please contact our customer support team at:
    Monday – Friday: 8am - 5pm MDT: 800.285.8051
    orders@americanlighting.com

  • 9.7 Changes to these Terms.

    You agree that ALI may make changes to these Terms from time to time, with or without notice to you. You are responsible for ensuring that you periodically visit our Site and these Terms to check for any changes. Your continued access or use of the Site and Services following any revision to these Terms will constitute your acceptance of, and agreement to, the revised Terms.

  • 9.8 Additional Terms.

    Certain portions of the Site and Services may be subject to additional or different terms and conditions. We will notify you if those portions of the Site or Services are subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in those portions of the Site or applicable Services if you do not agree with such additional or different terms and conditions.

  • 9.9 Entire Agreement.

    These Terms, together with the Privacy Policy, comprise the entire agreement between you and ALI and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and ALI regarding such subject matter. Any additional or different terms proposed by you, including without limitation, in any purchase orders or similar documentation, are hereby expressly objected to and rejected unless expressly assented to in writing by an authorized representative of ALI, and ALI shall not be bound by any such terms. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS AS THEY MAY BE AMENDED BY ALI FROM TIME TO TIME.

  • 9.10 Effective Date.

    The effective date of these terms is [August 01, 2024].