BARN LIGHT ELECTRIC COMPANY® (BLE) TERMS OF USE
Date of Last Revision: June 12, 2019
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE THE SITE IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
Welcome to Barn Light Electric Company® LLC (hereinafter, “BLE,” or “BARN LIGHT ELECTRIC”), BLE's website located at https://www.barnlight.com and/or its affiliate websites ("Barn Light Electric or Barn Light Electric Company®, https://www.barnlight.com/inspiration") (hereinafter, the "Site"). These Terms of Use ("Terms") apply exclusively to your access to and use of the Site. Barn Light Electric Company® may modify this Terms of Use at any time without notice, effective upon its posting to this website. The Terms do not alter in any way the terms or conditions of any other agreement you may have with BLE, or its subsidiaries or affiliates, for products, or services. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and BLE for its violations of these Terms.
These Terms are separated into two parts. Part One applies to all users, but Part Two only applies to those who make a purchase with us. BLE reserves the right to change or modify these Terms or any policy or guideline of the Site at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination of your account.
If you have any questions regarding the use of the Site, please refer to our Contact Us section. All other questions or comments about the Site or its contents may be directed to customer service by calling (800) 407-8784 or emailing us (see Email).
PART ONE - TERMS FOR ALL SITE USERS
PRIVACY
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, also governs your visit to BarnLight.com and our affiliate websites. We suggest you review the Privacy Policy to fully understand our practices prior to providing information to or ordering from Barn Light Electric Company®.
ELECTRONIC COMMUNICATIONS
When you visit BarnLight.com or communicate with us via e-mail or online chat, you are communicating with us electronically. You in turn consent to receive communications or replies from us electronically. We will communicate with you by the e-mail provided or by replying to online chat requests. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ELIGIBILITY, REGISTRATION, and ACCOUNT
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register for an account on the Site. In addition, you may not make a purchase from the Site unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Site; (b) do not have more than one Site account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
In order to create a profile on the Site, you will need to register for an account. When registering for an account, you cannot create a user name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those user names.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to BLE; and (d) promptly notify BLE if you discover or otherwise suspect any security breaches related to the Site.
OWNERSHIP OF SITE CONTENT
Unless otherwise indicated in the Site, the Site and all content and materials on the Site, including but not limited to the BARN LIGHT ELECTRIC COMPANY® logo and all designs, text, graphics, pictures, video, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of BLE or its affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.
See also, below section titled, “LICENSE AND SITE ACCESS; USER CONTENT”.
INFRINGER POLICY; COPYRIGHT COMPLAINTS
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, BLE has adopted a policy of terminating, in appropriate circumstances and in BLE's sole discretion, account holders who are deemed to be repeat infringers. BLE may also, in its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below.
Name of Designated Agent: Conflict Manager
Address: 320 Knox McRae Drive Titusville, Florida 32780
Phone: (321) 269-2299
Fax: (321) 607-6979
Email: ConflictManager@barnlight.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records or by written communication sent by first-class mail to a user's address in our records.
TRADEMARKS
"BARN LIGHT ELECTRIC COMPANY" wordmark and logo, "BARN LIGHT ELECTRIC" wordmark and logo, “WHERE VINTAGE & MODERN COLLIDE” wordmark, “BENJAMIN” wordmark and design, “IVANHOE" wordmark and design, “GOODRICH” wordmark and design, "GOODRICH LIGHTING EQUIPMENT" design, "WHEELER" wordmark, "AVERILL" wordmark and the Barn Light Electric Company logo, and other BLE product or service names, logos or slogans that may appear on this Site are trademarks or registered trademarks of Barn Light Electric Company®, LLC or its subsidiaries in the United States and other countries and may not be copied, imitated or used, in whole or in part, without the prior written permission of BLE or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Barn Light Electric Company" or any other name, trademark or product or service name of BLE without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BLE and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by BLE.
If you believe that anything on the Site infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c)(3)).
LICENSE AND SITE ACCESS; USER CONTENT
Barn Light Electric Company® hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Barn Light Electric Company®.
Any breach of our Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Barn Light Electric Company®. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, photography, text, page layout, or form) of Barn Light Electric Company® without prior written consent. You may not use any meta tags or any other "hidden text" utilizing Barn Light Electric Company® name or trademarks without the express written consent of Barn Light Electric Company®. Any unauthorized use terminates the permission or license granted by Barn Light Electric Company®. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page or product page of BarnLight.com so long as the link does not portray Barn Light Electric Company®, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Barn Light Electric Company® logo, affiliate website logos, or other proprietary graphic or trademark as part of the link without express written permission. Any other use of the Site or the Site Content, without the prior written permission of BLE, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
The Site may include discussion forums, blogs, profiles, product reviews or other interactive features or areas, including BLE's online community (collectively, "Interactive Areas"), in which you or other users create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Site ("User Content"). User Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include your BLE account information (also known as "Your BLE Online Account" or "Your Account") or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Site any of the following:
• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
• User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to BLE or any user or consumer or that is contrary to any instructions or warnings relating to the product (safety concerns can be reported here);
• User Content that may impinge upon the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
• User Content that, in the sole judgment of BLE, restricts or inhibits any other person from using or enjoying the Site or which may expose BLE or its users to any harm or liability of any type.
BARN LIGHT ELECTRIC COMPANY® takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is BLE liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. If you become aware of User Content that violates these Terms (with the exception of copyright and trademark infringement which is addressed in the above sections), you may report it by emailing us. Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Site will not contain any content that is prohibited by such Terms. Although BLE has no obligation to screen, edit or monitor any of the User Content posted on the Site, BLE reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Site at your sole cost and expense.
Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect BLE's systems and customers or to ensure the integrity and operation of BLE's business and systems, BLE may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information, IP addressing and traffic information, usage history and posted User Content. BLE's right to disclose any such information shall govern over any terms of BLE's Privacy Policy.
INTERNATIONAL ACCESS
BarnLight.com or our affiliate websites may be accessed from countries other than the United States. Our websites may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use BarnLight.com, or our affiliate websites outside the United States you are responsible for complying with your local laws and regulations. Please review our International Shipping Policy before purchasing.
RIGHTS IN USER CONTENT and SUBMISSIONS
Except as otherwise provided herein, on the Site or in a separate agreement (such as the rules of a BLE contest), BLE claims no ownership or control over any User Content. However, by submitting User Content to BLE or posting User Content on the Site you grant BLE and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Site and on third-party sites. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions. In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.
By posting User Content to the Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post and use such User Content to the Site and to grant the rights to BLE that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms, or any applicable law, rule or regulation.
Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Site, BLE or BLE's products or services that are provided by you, whether by email, posting to the Site or otherwise ("Submissions"), are non-confidential and shall become the sole property of BLE. BLE shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
NO THIRD-PARTY BENEFICIARIES
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless BARN LIGHT ELECTRIC COMPANY®, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Site; (c) any Submissions you provide; (d) your violation of these Terms; (e) your violation of any rights of another; or (f) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.
DISCLAIMER
Except as expressly provided, the Site, Site Content, User Content and services provided on or in connection with the Site (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. BARN LIGHT ELECTRIC COMPANY® DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. BLE does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. BLE does not represent or warrant that the Site or its servers are free of viruses or other harmful components.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BARN LIGHT ELECTRIC COMPANYV, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM BLE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BARN LIGHT ELECTRIC COMPANY'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BLE FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
MODIFICATIONS TO SITE
BARN LIGHT ELECTRIC COMPANY® reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that BLE will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
APPLICABLE LAW AND VENUE
These Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of FLORIDA, applicable to agreements made and to be entirely performed within the State of FLORIDA, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in BREVARD County, FLORIDA and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
TERMINATION AND EFFECT OF TERMINATION
Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, BARN LIGHT ELECTRIC COMPANY® reserves the right, without notice and in its sole discretion, to terminate your right to use the Site or any portion of the Site, revoke any or all of your rights granted under the Terms of Use; and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this BarnLight.com or our affiliate websites, in whole or in part and/or to block or prevent your future access to and use of the Site or any portion of the Site.
SEVEREABILITY
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
PART TWO - TERMS FOR USERS MAKING PURCHASES
PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE SITE.
RISK OF LOSS
All items purchased from Barn Light Electric Company® are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Please review our Shipping Policy for more information.
PRODUCT & CATEGORY DESCRIPTIONS/TYPOGRAPHICAL ERRORS
Barn Light Electric Company® attempts to be as accurate as possible. However, Barn Light Electric Company® does not warrant that product descriptions, information, dimensions, finishes, pricing, product videos, or all other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Barn Light Electric Company® itself is not as described, your sole remedy is to obtain a Return Goods Authorization form (RGA), return it in new, unused condition and in the original packaging. Please review our Return Policy for more information.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Barn Light Electric Company® shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Pricing is subject to change without notice. Barn Light Electric Company® shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Barn Light Electric Company® shall immediately issue a credit to your credit card account in the amount of the charge.
PRICING
Except where noted otherwise, the price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. Upon ordering any item(s) from Barn Light Electric Company® or our affiliate websites, full payment is due before your order will be processed. Despite our best efforts, a small number of the items in our catalog may be mispriced or mislabeled. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before manufacturing or shipping, or cancel your order and notify you of such cancellation.
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