Terms and Conditions

This Terms and Conditions (“Terms”) is a contract between You and Lite the Nite LEDs LLC (“LNT”) and covers Your use and access of the LTN website available at www.ltnleds.com (“Website”), use and access of LTN’s social media accounts (“LTN’s Social Media”) and any products purchased using the Website (“Products”). 

 

By accessing and using the Website or purchasing Products, You acknowledge you have read and unconditionally agree to follow and be bound by these Terms. If you do not agree to be bound by these Terms then You are requested to immediately leave the Website and not purchase or use any Products. The disclaimers, exclusions, and limitations of liability under the Terms will not apply to the extent prohibited by applicable law. 

 

LTN reserves the right, at any time, to modify, amend, alter or update these Terms without prior notice by updating this posting. Your continued use of the Website following any publications of changes to these Terms signifies that You agree to be bound by such modifications, amendments, alterations, or updates.

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1. OWNERSHIP And Website Content

All materials on the Website and LTN’s Social Media, including, without limitation, images, photographs, or pictures of Products, people, places, or vehicles; information; instructions; data; specifications; descriptions; graphics; trademarks; text; illustrations; designs; icons; HTML code; and written and other materials (collectively “Content”) included on the Website and LTN’s Social Media are the property of LTN or its affiliates, or used with permission by LTN, and are protected by copyright and trademark law. The use of Content by You, or anyone else authorized by You, is prohibited unless specifically permitted by these Terms, a Distribution Agreement, or specific permission provided elsewhere on the Website. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. LTN may change or update the Content without notice. 

 

Due to discrepancies in monitors, LTN does not warrant or represent that the colors of Products displayed on Your monitor are an accurate representation of the color of the Product. 

LTN claims no proprietary rights to, or affiliation with, any third party trademarks or logo references appearing on the Website or LTN’s Social Media unless otherwise specified. You should not infer any affiliation, sponsorship, or endorsement from the use of third-party marks on the Website, as such marks are used solely to designate certain products or services as belonging to their respective owners.

 

2. Use of Website

The Website is intended for use by individuals 13 years of age or older. Users under the age of 13 must have the assistance and permission of a parent or guardian to use the Website.

 

LTN grants You a limited, revocable, nonexclusive license to use the Content and Website for Your own use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use unless otherwise agreed to by LTN in writing.   

You agree not to copy the Website or Content, reverse engineer or break into the Website, or use Content, Products, or services in violation of any law. No right, title, or interest in the Content, downloaded materials, or software is transferred to You as a result of any downloading, copying, or accessing the Website or Content. The use of this Website is at the discretion of LTN may terminate Your use of this Website at any time.

 

You grant LTN, subject to the Privacy Policy as referenced herein, a perpetual, irrevocable license to access and use information, data, content and materials of any kind collected or compiled by LTN, the Website, or LTN’s Products furnished or made available by You (“Personal Information”) in connection with the delivery, operation, support, development, and improvement of the Products and Website.

3. PAYMENT AND ORDER ACCEPTANCE

Prices for all Products are in United States dollars and exclude any and all applicable taxes and shipping and handling charges, unless expressly stated otherwise. If You purchase Products, You will be responsible for the prices stated at the time of Your transaction, as well as any: (a) sales, use, excise, and related taxes; and (b) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider as permitted by LTN. By using any such card or payment provider, You are hereby representing and warranting Your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. To the extent permissible under law, You are responsible for any applicable taxes, whether or not they are listed on Your receipt or statement. LTN reserves the right, in its sole discretion, to refuse or cancel any order for any reason. 

 

LTN may also require additional information before accepting any order to include user’s name, contact information, shipping address, billing address, and company name. If Your payment is returned to LTN for any reason, or if You provide false information such as contact information or promotional codes, LTN reserves the right to either suspend or terminate Your access to the Website and/or cancel any order of Products. It is Your responsibility to ensure that sufficient funds are available to cover the charges for the Products, and LTN has no liability for any overdraft or other fees that You may incur as a result of LTN or LTN’s payment processer processing Your payment.

 

4. Third party links

LTN may, from time to time, provide links to other outside websites not associated with LTN for purposes of reviewing Products, information, promotion, and installation instructions (“Third Party Links”). LTN is ultimately not responsible for linked websites or the content of any of the linked websites. LTN provides Third Party Links as an additional resource for its Website and makes no representations regarding the content of any linked website or any companies that own, control, or manage the linked websites. The websites available through the Third Party Links may be subject to their own terms and policies, including privacy and data gathering practices. LTN cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in, programs used by, or services or products offered by, websites linked through Third Party Links. 

 

LTN may provide links for installation or instructions videos available through third-parties or LTN’s Social Media (“Installation Videos”). The Installation Videos are published under the direction of LTN and LTN reserves all rights to the Installation Videos including those protected under copyright, patent, and trademark law. LTN cannot warrant and guarantee the accuracy and timeliness of any Installation Videos accessed through any other manner other than from the Website. LTN cannot warrant and guarantee any third-party website, or LTN’s Social Media will always be active and available when the user wants to access it.   

 

5. PRODUCT installation acknowledgement

You expressly acknowledge installation of Productson a vehicle, and use of software related thereto, may require modification or use of the vehicle’s drivetrain, electrical system, and indicator safety system (e.g. brake lights, headlights, taillights, and turn signal indicators) (collectively “Vehicle Systems”). You expressly represent and affirm that prior to any use of a vehicle in which the Products are installed, that You have verified the Products were installed according to LTN instructions, that the Vehicle Systems are working properly, and the vehicle is in compliance with all laws in the jurisdiction in which the vehicle is operated in. You expressly acknowledge LTN is not responsible for any failure of the Vehicle Systems that occur due to Your failure to comply with this section.   

 

6.Privacy And Consent To Use Data

Please refer to our Privacy Policy (WEBSITE ADDRESS) for information on how LTN collects, uses and discloses information from LTN users. You agree that LTN may collect and use technical data and related information—including but not limited to technical information about Your Products and order—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Products. LTN may use this information to improve its products and services.

 

7.USER SUBMITTED CONTENT AND CONDUCT

Except as otherwise provided elsewhere in these Terms or on the Website, anything that You submit, post and/or provide to LTN, including through email communications or posts to LTN’s Social Media, including without limitation, ideas, know-how, techniques, questions, answers, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary. LTN and its affiliates shall have a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form for any purpose including without limitation, developing, manufacturing, distributing and marketing products using such information, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of LTN and shall not be returned to You.

 

In addition to the rights applicable to any Submissions, when You submit, post and/or provide to LTN communications, comments, or reviews regarding the Products, You grant LTN and its affiliates the right to use the name that You submit with any communication, review, question, answer, or other content, if any, in connection with such review, question, answer, or other content, for any purpose, including without limitation, reproduction, transmission, publication, broadcast, and posting. You represent and warrant that you own or otherwise control all of the rights to the Submissions that You submit, post and/or provide to LTN and that use of Your Submissions by LTN will not infringe upon or violate the rights, including intellectual property rights, of any third party.

 

You agree not to use a false email address or the email address of any other person or entity, pretend to be someone other than Yourself, or otherwise mislead LTN or third parties as to the origin of any Submissions. You agree not to You submit, post and/or provide any content that is: illegal, obscene, threatening, defamatory, invasive of privacy, otherwise injurious to third parties or is otherwise generally objectionable or constitutes any manner of: political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam all of which constitute prohibited conduct. LTN may, in its sole discretion, but shall not be obligated to, remove or edit any Submissions (including reviews, questions, or answers).

 

While LTN may from time to time monitor or review postings or reviews on the Website or LTN’s social media accounts, LTN is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Website or LTN’s social media accounts. 

 

8.Term and Termination.

These Terms are effective on the date you first access the Website shall continue for as long as you own the Products or access the Website or LTN’s Social Media unless terminated in accordance with these Terms.  

9. Copyright Policy 

If You believe your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a)    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b)    A description of the copyrighted work that you claim has been infringed;

(c)    A description of where the material that you claim is infringing is located on the Site;

(d)    Your address, telephone number, and e-mail address;

(e)    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f)    A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Vernon Walker, who can be reached as follows: by mail 11911 Crosswinds Way Unit 308, San Antonio, TX 78233; by phone (844) 586-5337; by email vernon_walker@me.com.

 

10.LIMITED WARRANTY

To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. ALL PRODUCTS PURCHASED IN PERSON, ON OR THROUGH THIS WEBSITE, OR THROUGH AN AUTHORIZED LTN DISTRIBUTOR ARE SUBJECT TO A LIMITED WARRANTY AS FULLY DESCRIBED IN LTN’S LIMITED PRODUCT WARRANTY POLICY AVAILABLE ONLINE AT ____________________________________. OTHER THAN DESCRIBED IN THE LTN WARRANTY POLICY, LTN DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL WARRANTIES OF ANY KIND, EITHER ORAL, EXPRESS, WRITTEN, OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  

YOUR USE OF THIS WEBSITE, LTN’S SOCIAL MEDIA, AND THIRD-PARTY LINKS IS AT YOUR RISK. THE INFORMATION AND MATERIALS, PROVIDED ON OR THROUGH THIS WEBSITE, LTN’S SOCIAL MEDIA, AND THIRD-PARTY LINKS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE, LTN’S SOCIAL MEDIA, AND THIRD-PARTY LINKS MAY BE OUT OF DATE, MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NEITHER LTN, NOR ANY OF OUR RESPECTIVE AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION OR MATERIALS.  LTN DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION AND MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE, LTN’S SOCIAL MEDIA, AND THIRD-PARTY LINKS. 

 

11.LIMITATION OF LIABILITY

Proper installation and use of the Products are vital to the safety, reliability, and operation of all motor vehicles as well as the personal safety of those riding in the vehicle, third-parties, and those performing installation and repair on the Products. LTN strongly recommends following all installation and operation instructions on the Website to limit the possibility of personal injury or death or improper installation or use which could damage the vehicle or compromise its safety.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE LIMITATION OF WARRANTY AND DISCLAIMERS, IN NO EVENT WILL (A) LTN, ITS AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, (COLLECTIVELY, THE “LTN PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, CONTENT, OR THIS WEBSITE, EVEN IF LTN KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) LTN’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, CONTENT, OR THIS WEBSITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO LTN OR LTN’S AUTHORIZED DISTRIBUTOR FOR THE PRODUCTS AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. LTN DISCLAIMS ALL LIABILITY OF ANY KIND OF LTN’S LICENSORS AND SUPPLIERS.

 

12.Entire Agreement; Amendment. 

This document contains the entire agreement between the Parties relating to use of the Products, Website, LTN’s Social Media, and Content and supersedes all prior or contemporaneous agreements, written or oral, between the Parties concerning the use of the Products, Website, LTN’s Social Media, and Content. These Terms should be read in conjunction with any applicable Distribution Agreement or Terms of Use and End User License related to mobile application software. 

 

13. Notice. 

All notices required or authorized under these Terms shall be given in writing, and shall be effective when received, with evidence of receipt. Notices to LTN shall be sent to 11911 Crosswinds Way Unit 308, San Antonio, TX 78233, or such other address as may be identified with the Texas Secretary of State.

 

14.Waiver. 

A Party’s failure to enforce any of the terms and conditions of these Terms shall not prevent the Party’s later enforcement of such terms and conditions.

 

15.Attorneys’ Fees. 

In the event an action is brought to enforce the terms and conditions of these Terms, the prevailing Party shall be entitled to reasonable attorneys’ fees, both at trial and on appeal.

 

16.Governing Law; Venue. 

These Terms and the rights of the Parties hereunder shall be governed by and construed in accordance with the laws of Texas, without regard to the rules governing conflicts of law. The state and federal courts located in Bexar County shall have exclusive jurisdiction over all matters regarding these Terms, except that LTN shall have the right, at its absolute discretion, to initiate proceedings in the courts of any other state, country, or territory in which You reside.

 

17.Dispute Resolution. 

Parties agree that any disputes or questions arising hereunder, including the construction or application of these Terms, shall be submitted to mediation between LTN and You prior to litigation. Any mediation settlement by the Parties shall be documented in writing. If such mediation settlement modifies the language of these Terms, the modification shall be set to writing, signed by both Parties, and added to this agreement, as an attachment. To the extent mediation between Parties does not result in a mutual settlement within 180 days after submission to mediation. In that case, each Party will have the right to enforce the obligations of these Terms in a court of law.