TERMS OF USE

Welcome to our website, www.valleylighting-ct.com (the “Website”). We appreciate your interest in our business.

Please take a few moments to review these Terms of Use. By using our Website you are agreeing to comply with and be bound by these Terms of Use.

Modification of These Terms of Use This Website is owned by Valley Electric Supply Company, Inc., doing business as Valley Lighting & Home Décor (“Valley Lighting”). Valley Lighting reserves the right, at its sole discretion, to update or modify these Terms of Use at any time and from time to time without prior notice. Any such modifications will become effective immediately upon its posting. We suggest that you review these Terms of Use whenever you use the Website to keep yourself apprised of any changes.

Intellectual Property This Website contains information, data, software, photographs, pictures, logos, icons, videos, graphics, music, sounds and other material (collectively, “Content”) that are protected by copyrights, trademarks, service marks, trade dress and other intellectual property rights. Unless otherwise noted on this Website, all right, title and interest (including all copyrights, trademarks, service marks, trade dress and other intellectual property rights) in and to the Content is owned by Valley Lighting or other parties who have licensed their material to Valley Lighting. Unless other specific restrictions are noted on the Content, you may use the Content solely for your personal, non commercial use and may download, print or make copies of insignificant portions of the Content solely for your personal, non commercial use, so long as you maintain and do not remove or obscure any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. No right, title or interest in any downloaded printed or copied materials is transferred to you as a result of any such downloading, printing or copying. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws, you may not copy, download, upload, post, transmit, reproduce, republish, modify, distribute or create derivative works from any Content in any form without the express prior written consent of Valley Lighting.

License & Site Access Valley Lighting grants you a limited, non-exclusive, non-assignable and non-transferable license to access and make personal use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it, except with express written consent of Valley Lighting. This license also grants you a limited, revocable, and non-exclusive right to create a hyperlink to the Website so long as the link does not portray Valley Lighting, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Valley Lighting logo or other proprietary graphic or trademark as part of the link without express written permission. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Website; any downloading or copying of account information for the benefit of a third-party; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use by you terminates the permission of the license granted by Valley Lighting to you.

Account You must be 18 years or older to use or open an account on this Website. You are responsible for maintaining the confidentiality of your account and password. You agree to use this Website in compliance with these Terms of Use and all applicable laws. You also agree to accept responsibility for all activities that occur under your account or password. Valley Lighting reserves the right to refuse service, terminate or suspend accounts, remove or edit content, or cancel orders in its sole discretion.

Submissions Any comments, ideas, feedback, suggestions, postings, messages, material or other submissions in whatever form that you make available for inclusion on this Website are referred to as “User Submissions”. You hereby grant to Valley Lighting a worldwide, perpetual, royalty free, irrevocable, non exclusive right and license to use, reproduce, disclose, publish, display, modify, sublicense, distribute, create derivative works from and exploit any and all User Submissions in any manner and for any purposes whatsoever, without compensation to you. You warrant that you own or otherwise control all of the rights to any User Submissions you submit or post on or to the Website or otherwise transmit to Valley Lighting. You agree that you are and shall at all times remain solely responsible for the content of any User Submissions submitted by you, and further agree not to submit materials that are unlawful, defamatory, abusive or obscene. You also agree that you will not submit anything to this Website that will violate any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights.

You understand that all User Submissions, regardless of how they may be marked, will not be treated by us as confidential and will not be subject to any express or implied obligations of confidentiality. Neither Valley Lighting, nor its officers, members, agents or employees will be liable for any use or disclosure of any User Submissions.

Links to Third Party Websites This Website provides links to third party websites for your convenience. A link to a third party website does not constitute sponsorship, endorsement or approval of such third party sites. Third party websites are not under Valley Lighting’s control and Valley Lighting is not responsible or liable for and does not warrant the contents of, technology implemented by, or privacy practices of any such linked website. You should review the privacy policy and terms of use for each of these websites to make sure they are acceptable to you prior to your use.

Inaccuracy Disclaimer From time to time there may be information on our Website that contains typographical errors or other inaccuracies. Valley Lighting reserves the right to correct any errors or other inaccuracies and to otherwise change or update information at any time and from time to time without prior notice. Additionally, Valley Lighting reserves the right to refuse or cancel orders containing any error, in accuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card had been charged for the purchase and your order is canceled, Valley Lighting will issue a credit to your credit card.

DISCLAIMER AND LIMITATION OF LIABILITY THIS WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY VALLEY LIGHTING OR ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE ANY WARRANTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ITS FEATURES IS AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES SHALL VALLEY LIGHTING OR ANY OF ITS OFFICERS, MEMBERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) INCURRED BY YOU, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, ITS CONTENT OR ITS FEATURES (OR THE INABILITY TO USE THE SAME), INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR ANY CLAIM ATTRIBUTABLE TO MISTAKES, ERRORS, OMISIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR OTHER FAILURE OR INACCURACIES IN CONTENT APPEARING ON THE WEBSITE, WHETHER SUFFERED BY YOU OR ANY PARTY CLAIMING RIGHTS DERIVED FROM YOU, EVEN IF VALLEY LIGHTING WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE AND REGARDLESS OF ANY NEGLIGENCE OF VALLEY LIGHTING OR ANY OF ITS OFFICERS, MEMBERS, AGENTS OR EMPLOYEES.

NEITHER VALLEY LIGHTING NOR ITS OFFICERS, MEMBERS, AGENTS OR EMPLOYEES WARRANT THAT THIS WEBSITE, ITS FUNCTIONS OR ITS SERVER WILL BE UNINTERUPTED OR ERROR FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR SECURITY OF ANY CONTENT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity You agree to indemnify, defend and hold harmless Valley Lighting and its officers, members, agents or employees, from and against any and all liability, claims, damages, losses, costs and expenses, including without limitation reasonable attorneys’ fees and expenses, incurred by Valley Lighting as a result of or in connection with your use of this Website in violation or breach of these Terms of Use, including any claims that User Submissions misappropriate or infringe upon the rights of any third party.

Jurisdiction Use of this Website and these Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut, United States of America, without giving any effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or of any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Connecticut. You hereby irrevocable consent to personal jurisdiction in the State of Connecticut and by your use of this Website voluntarily submit to the exclusive jurisdiction of the federal and state courts located in such state in any action or proceeding with respect to this Website and to service of process by certified mail at the last known address provided in connection with your use of the Website.

Notice Except as explicitly stated otherwise, any notices to Valley Lighting must be sent by certified mail, return receipt requested, to Valley Lighting, Valley Lighting & Home Décor Attn: Frank Capasso, 3 Chestnut Street, PO Box 42, Ansonia, CT 06401.

Entire Agreement These Terms of Use incorporate by reference any notices contained on this Website and constitute the entire agreement with respect to your access to and use of this Website. If any provision in these Terms of Use is unlawful, void or unenforceable, then such provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such remaining terms.