DRK Enterprises Inc (hereinafter "DRK", "we", "our" or "us"), owner and/or operator of MyLEDLightingGuide.com, requires that all persons or entities visiting any DRK owned or operated webite on the World Wide Web (hereinafter "Site") agree to the following terms and conditions of use (hereinafter "Terms"). BY ACCESSING THE SITE AND/OR USING OUR SERVICES AS PROVIDED BY US OR OUR AFFILIATES, YOU CONFIRM YOUR AGREEMENT TO AND ACCEPTANCE OF THESE TERMS. If you do not completely agree with the Terms, you are not allowed to access the Site.
Visitors to the Site include, but are not limited to, Internet users, contractors, business owners and managers, government employees, registered members, and partners of DRK (hereinafter "user", "users", "you", or "your").
Use of Information
Unless otherwise specified, copyright in all copyright-able subject matter on any Site, including data, is owned or licensed by us. To the extent that we have the right to do so without compensation to third parties, and except for materials or information specifically provided under other terms, DRK grants you permission to copy or otherwise download from any Site, information and materials (including related graphics), provided: (i) the materials are for personal, non-commercial use only, and (ii) any copies of materials or portions thereof must include the copyright notice specified on the Site.
If attribution to DRK is included, limited quotations from the content are hereby permitted. You may not copy or display for redistribution to third parties for commercial purposes any portion of the content without the prior written permission of DRK.
Documents posted by DRK on the Site may contain other proprietary notices or describe products, services, processes or technologies owned by DRK or third parties. Nothing contained herein shall be construed by implication, estoppels or otherwise as granting to the user a license under any copyright, trademark, patent or other intellectual property right of DRK or any third party.
Product information and prices are subject to change at any time without written or other notice to Site users. Information, prices, photos, certifications and all other information is deemed to be accurate, but is not guaranteed. Lumen specifications for fixtures with specified LED engines are based upon the LED engine lumens and not lumens from the fixture. Typos, errors and mistakes related to the products, prices, photos, certifications and other information may occur and DRK reserves the right to refuse orders, adjust prices and correct information that is incorrect, inaccurate or potentially misleading or ambiguous. Written quotations, sales orders, product information sheets, invoices and similar documents provided by DRK shall take precedence over the content on the Site.
Authorized And Unauthorized Use Of The Site And Services
DRK has the right to store and/or transmit information you provide through the services and you agree to indemnify and hold DRK harmless against any and all claims or causes of actions that may arise with respect to the information against DRK or its affiliates. You are solely responsible for obtaining any and all necessary consents and clearances required to lawfully make use of any and all intellectual property rights through the services, including without limitation, clearance and/or consents in respect to your domain name(s).
The Site may be used only for lawful purposes. Your access and use of the Site and our services is also governed by all applicable federal, state, and local laws. Your facilitation of the transmission, distribution or storage of your material or conduct in violation of any applicable local, state, provincial, federal or foreign law or regulation is prohibited. This includes, without limitation, any material that may result in civil liability or (i) is false, inaccurate, fraudulent or misleading; (ii) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (iv) contains sexually explicit, obscene, or pornographic content; (v) contains speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise); (vi) contains graphic violence; (viii) contains politically insensitive or controversial issues (e.g., euthanasia, abortion, capital punishment, immigration), or other political content (e.g., lobbyists, PAC Site, political campaigns); or (ix) disguises or masks the origin of information or requests for information. As a condition of your use of the Site, you represent and warrant that you will not use the Site for any unlawful purpose or in violation of any provision of the Terms. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the services, and you shall be responsible for all charges related thereto.
You further represent and warrant that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site, that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, and that you will not upload or otherwise transmit to the Site or use any device, software or program that contains viruses, Trojan horses, worms, time bomb or other computer programming routines that may damage, disable, interfere with or attempt to damage, disable or interfere with, the normal operation of the Site, or use these or similar functions or activities to intercept or expropriate any system, data or personal information to, from or on the Site; and you shall not create or expose DRK, its affiliates, service providers, contractors, employees or suppliers to any liability or detriment of any type, or cause DRK to lose (in whole or in part) customers or the services of service providers or other suppliers.
In addition, you represent and warrant that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior written consent from an authorized DRK representative (such consent is deemed given for standard search engine technology employed by Internet search web Site to direct Internet users to the Site). Also expressly prohibited are i) the reproduction of any portion of the Site on your website or otherwise, including but not limited to, the use of a frame around the Site, or other technique to enclose any portion of the Site; ii) the translation into any language including computer language; ii) the use of the site other than is intended: for the viewing of product information, prices, managing accounts, placing orders and related functions; and iv) the creation of derivative works from, any content or any portion of the Site. In the event of any unlawful or offensive use of content of the Site, we reserve the right to modify or remove any and all content, functionality, and links contained on the Site. If we determine, in our sole and absolute discretion, that you have violated any provision of the Terms or any applicable law, we may, at any time, terminate, restrict, or modify all or part of your access, times of availability, and required equipment and software for use of the Site, and take any action in response to such violation.
If you are aware of any content, activity or communication related to the Site that appears to be in violation of the Terms, please inform us by calling the number on our Contact Us page.
The DRK name, DRK Systems logo, MyLEDLightingGuide name, MLLG and MyLEDLightingGuide Logo and and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of DRK and may not be used in any manner without the prior written consent of DRK. Other products and service marks are trademarks of their respective owners.
Consent to Monitoring and Disclosure
DRK is under no obligation to monitor the information residing on or transmitted to or from the Site. We expressly state that we do not pre-screen or moderate content submitted or provided by Users, including clients of DRK. However, anyone accessing this Site agrees that DRK may monitor the Site to (i) comply with any necessary laws, regulations or governmental requests; and/or (ii) to, in its sole discretion, operate the Site in a manner it deems proper or to protect against conduct it deems inappropriate. DRK shall have the right, but not the obligation, to reject or eliminate any information residing on, transmitted to, or made available for the Site and services and that we, in our sole discretion, deem to be unacceptable or inconsistent with these terms and conditions.
The submission of information or materials to DRK shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by DRK for any purpose whatever.
The right to receive any services provided are personal to you and you may not transfer by assignment, sublicense, or any other method the service to any other person or entity. You agree that this agreement may be automatically assigned by DRK to any third party, in DRK's sole discretion and without notice.
DRK's failure to act with respect to a breach by you or others of this agreement does not waive DRK's right to act with respect to subsequent or similar breaches.
YOU HEREBY REPRESENT TO DRK THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT. YOU ARE ALSO REPRESENTING THAT YOU ARE ENTERING INTO THIS AGREEMENT ON YOUR OWN BEHALF, HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF ENTERING INTO THIS AGREEMENT, ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. AT ANY TIME UPON REQUEST BY DRK, YOU AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT, AND ANY OTHER AGREEMENTS OR STATEMENTS REASONABLY NECESSARY FOR DRK TO PROVIDE AND ACCOUNT FOR THE SERVICES.
Limitation of Liability; Legal Disclaimer
DRK SYSTEMS LLC AND ITS AFFILIATES ARE MAKING ALL CONTENT CONTAINED ON THE DRK SITE AND SERVICES PROVIDED AVAILABLE TO YOU "AS IS" TO THE FULLEST EXTENT OF THE LAW, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, OR STATUTORY, AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERRORS, TYPOS OR OTHER MISTAKES THAT PROVIDE INCORRECT PRODUCT INFORMATION, PRODUCT PRICES OR TERMS, AND NON-INFRINGEMENT. USE OF THE SITE, AND ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH OR IN CONJUNCTION WITH THE SITE, IS AT YOUR OWN RISK. DRK AND ITS AFFILIATES WILL HAVE NO OBLIGATION OR LIABILITY WHATSOEVER IN CONNECTION WITH OR RESULTING FROM ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT ON THE SITE, OUR SERVICES, OUR PRODUCTS, OUR PRICES, PRODUCT INFORMATION OR FOR ANY DISRUPTIONS THE SITE OR SERVICES MAY CAUSE, OR FOR ANY RELIANCE ON OR USE OF SUCH CONTENT OR SERVICES BY YOU, OR FOR ANY LOST DATA OR UNAVAILABILITY OF ANY PAGES OR DATA. IN NO EVENT SHALL DRK, ITS AFFILIATES OR ANY OF THEIR STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITE AND SERVICES, THESE TERMS, ANY TRANSACTION OR DESIRED TRANSACTION BETWEEN USERS, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN THE EVENT THAT YOU AND ONE OR MORE USERS OF THE SITE OR SERVICES ENTER INTO ANY DISPUTE OR MAKE ANY CLAIM OR CLAIMS ONE AGAINST THE OTHER, EVEN IF SUCH DISPUTE OR CLAIM(S) IS RELATED TO, BUT NOT LIMITED TO, TRANSACTIONS BETWEEN USERS AND/OR CONTENT SUBMITTED BY USERS, YOU DO HEREBY AGREE TO RELEASE, REMISE, HOLD HARMLESS AND FOREVER DISCHARGE DRK, ITS AFFILIATES OR ANY OF THEIR STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, COMPANY MEMBERS, AND ALL OTHER RELATED PERSONS AND ENTITIES FROM ANY AND ALL MANNER OF CLAIMS, COMPLAINTS, OBLIGATIONS, DEMANDS, COSTS, LIABILITIES, CAUSES OF ACTIONS, LEGAL FEES, DISBURSEMENTS, AND PROCEEDINGS OF ANY TYPE OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR USE OF THE SITE OR SERVICES.
USERS OF THE SITE OR SERVICES EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SECTION LIMITS THE CONDITIONS FOR A GENERAL RELEASE TO BE BINDING.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD DRK AND ITS AFFILIATES, OFFICERS, DIRECTORS, COMPANY MEMBERS, AGENTS AND EMPLOYEES (HEREINAFTER "INDEMNIFIED PARTIES") HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS AND ALL RESULTING DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS, ARISING OUT OF OR RELATING TO (I) YOUR USE OF THE DRK SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR ANY OF YOUR CONTRIBUTED CONTENT); (II) ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT TO THE DRK SITE; (III) ANY BREACH BY YOU OF THESE TERMS OR ANY REPRESENTATION, WARRANTY AND COVENANT MADE BY YOU HEREIN. THE INDEMNIFIED PARTIES SHALL GIVE YOU PROMPT WRITTEN NOTICE (VIA EMAIL OR US POSTAL MAIL) OF ANY CLAIM, ACTION OR DEMAND FOR WHICH INDEMNITY IS CLAIMED. EACH PARTY AGREES TO REASONABLY COOPERATE WITH THE OTHER PARTY WITH THE DEFENSE AND/OR SETTLEMENT OF ANY CLAIMS AND TO PERMIT SOLE CONTROL OVER THE INVESTIGATION, DEFENSE AND SETTLEMENT OF SUCH CLAIM; PROVIDED THAT IF ANY SETTLEMENT REQUIRES AN AFFIRMATIVE OBLIGATION OF, RESULTS IN ANY ONGOING LIABILITY TO OR PREJUDICES OR DETRIMENTALLY IMPACTS THE INDEMNIFIED PARTIES IN ANY WAY AND SUCH OBLIGATION, LIABILITY, PREJUDICE OR IMPACT CAN REASONABLY BE EXPECTED BY THE INDEMNIFIED PARTIES TO BE MATERIAL, THEN SUCH SETTLEMENT SHALL REQUIRE THE INDEMNIFIED PARTIES WRITTEN CONSENT (NOT TO BE UNREASONABLY WITHHELD OR DELAYED) AND THE INDEMNIFIED PARTIES MAY, AT THEIR OWN EXPENSE, (I) HAVE THEIR OWN COUNSEL IN ATTENDANCE AT ALL PROCEEDINGS AND SUBSTANTIVE NEGOTIATIONS RELATING TO SUCH CLAIM; AND/OR (II) ASSUME EXCLUSIVE CONTROL OF ANY MATTER TO WHICH YOU ARE PROVIDING INDEMNIFICATION.
Endorsements and Linked Site
Some of the sites listed as links herein are not under the control of DRK. Accordingly, DRK makes no representations whatsoever concerning the content of those sites. The fact that DRK has provided a link to the sites is NOT an endorsement, authorization, sponsorship, or affiliation by DRK with respect to such sites, its owners, or its providers. DRK is providing these links only as a convenience to you. DRK has not tested any information, software, or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, or products found on the Internet; and DRK cautions you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
You agree that you will comply with any security processes and procedures (such as passwords) specified by DRK with respect to access to or use of the Site and services. You shall keep secure any identification, password and other confidential information relating to your account or website and shall notify DRK immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of passwords or other security information. Further, you agree not to access or attempt to access any areas of or through the Site, which are not intended for general public access or your access as a registered member, unless you have been provided with explicit written authorization to do so by DRK.
Policy For Making Claims Of Copyright Infringement
If you believe that any content has been posted on the Site in a manner that constitutes copyright infringement, please notify us by providing our designated contact with the written information specified below:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A description of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single Site is covered by a single notification, a representative list of such works at that Site;
• A description of the material on the Site that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Please forward any notice of claims of copyright infringement to: Legal Counsel at the mailing address on our Contact Us page.
Failure to Comply
DRK has the right to terminate or restrict your access to any DRK service or Site, unilaterally and without notice, in the event you violate, as determined by DRK in its reasonable and sole discretion, any of these Terms. DRK also reserves any and all remedies at law or equity in connection with violation of these Terms.
Information Provided by You
Any information provided by you to DRK, including but not limited to feedback, data, questions, reviews, comments, surveys, suggestions, or the like, shall be deemed to be non-confidential. DRK shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation.
Additionally, DRK shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services incorporating such information.
Neither party will be deemed in breach of this agreement to the extent that performance of its obligations are delayed or prevented by reasons of force majeure, such as riots, acts of terrorism, fire, flood, earthquake, acts of government and the like, provided that such party gives the other party written notice thereof promptly and uses its best efforts to continue to perform its obligations.
Choice of Law, Arbitration And Enforceability
These Terms shall constitute an agreement, the Terms and performance of which shall be governed by the laws of the state of Colorado, without regard to conflicts of law. You agree that any dispute relating in any way to your visit to the Site or items or services you purchase or rent through the Site shall be submitted to confidential arbitration in Douglas County, Colorado. Arbitration of the Terms shall be conducted according to the then prevailing rules of the American Arbitration Association before a panel of three arbitrators. The arbitrators' award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Terms shall be joined to an arbitration involving any other party subject to this Terms, whether through class arbitration proceedings or otherwise. If DRK determines that a violation of the Terms has occurred, we may, in our sole and absolute discretion, pursue any of our legal remedies. However, the failure of DRK to exercise or enforce any right or provision of Terms shall not constitute a waiver of such right or provision. In the event that any provision of Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Nothing in this agreement shall be deemed in any way to create between the parties any relationship of partnership, joint venture, association or employee-employer, and the parties disclaim the existence thereof. The relationship of DRK to the Users shall be that of an independent contractor.
Entire Agreement and Agreement Changes
The Terms contain the entire agreement between us relating to the subject matter hereof, and supersede any prior understanding or agreements regarding the subject matter. DRK has the right to make changes, amendments, modifications and updates to any information contained within the Site without prior notice. DRK reserves the right to change, modify or amend any of the Terms without prior notice. Any change, modification or amendment is effective upon the posting of same by DRK on the Site. DRK may also, at its sole discretion, notify you of any modifications by email and/or faxed correspondence to you. Access to particular areas and services on the Site may be subject to additional terms and conditions, as specified by DRK from time to time. The Site and all its contents are protected under copyright by DRK Systems LLC with all rights reserved.