Welcome to Earthmate Web site. We provide our services to you subject to the following conditions. By visiting www.Earthmatelighting.com, you accept these terms and conditions and agree to be bound by them. If you do not agree with these terms and conditions, you are not granted permission to use this Web site and should exit immediately.
RevisionsEarthmate reserves the right to revise any aspect of this Web site, including, but not limited to, Contents, Terms, and Conditions at any time without prior notice. Your use of this Web site following any revision constitutes your agreement to all such changes, whether or not you have reviewed the actual changes. Therefore, Earthmate encourages you to regularly review this Web site.
PrivacyPlease review our Privacy Policy, which also governs your visit to www.Earthmatelighting.com, to understand our practices.
CopyrightAll content included on this site, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of Earthmate or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Earthmate and protected by U.S. and international copyright laws. All software used on this site is the property of Earthmate or its software suppliers and protected by United States and international copyright laws.
TrademarksEarthmate and other marks indicated on our site (the "Trademarks").
License and Site AccessEarthmate grants you a limited 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 Earthmate. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another; any right to link to this site; 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 Earthmate. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Earthmate without Earthmate's' express written consent. You may not use any meta tags or any other "hidden text" utilizing Earthmate's' name or trademarks without the express written consent of Earthmate. Any unauthorized use terminates the permission or license granted by Earthmate.
Disclaimer of Warranties and Limitation of LiabilityThis site is provided by Earthmate on an "as is" and "as available" basis. Earthmate makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, services or products included on this site. You expressly agree that your use of this site is at your sole risk.
The site and its content is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete, or more timely sources of information. Any reliance upon the site and its content shall be at your own risk. Neither we, nor any third party involved in creating, producing, or delivering the site is responsible if its content is not accurate, complete, or current. Neither we, nor any third party involved in creating, producing, or delivering the site has any responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the site and its content.
To the full extent permissible by applicable law, Earthmate disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Earthmate does not warrant that this site, its servers or e-mail sent from Earthmate are free of viruses or other harmful components. Earthmate will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or 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.
Applicable LawBy visiting www.Earthmatelighting.com, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Earthmate or its affiliates.
International UsersEarthmate controls and operates this Web site from its offices within the United States of America. Earthmate makes no representation or warranty that materials contained on this Web site are appropriate for use at other locations outside of the United States. If you access this Web site from a location outside of the United States, you are responsible for compliance with all local laws. You may not use this Web site or export Contents in violation of the U.S. export laws and regulations.
LiabilityIf you cause a technical disruption of the site or any aspect of its functionality you agree to be responsible for any and all loss, cost, liability, or expense Earthmate may suffer and will be liable for any attorney's fees and costs; the same shall be without limitation of Earthmate's other vendors in law or equity.
IndemnityYou agree to indemnify, defend, and hold harmless Earthmate, its officers, directors, employees, agents, business partners, licensors, and licensees from and against all claims, losses, expenses, damages, costs, or demands, including attorney fees, resulting from any claim, suit, action, investigation, demand, or proceeding arising in connection from your use or conduct of this Web site.
Limitation on DamagesIn no event shall Earthmate, its affiliates, parents, or subsidiaries be liable to any entity or individual for any direct, indirect, special, incidental, consequential, punitive, exemplary, or other damages, including, without limitation, any lost profits, business interruption, loss of good will, loss of use, loss of information or programs, or other data, that are related to the use of, or the inability to use, the content, the materials, and functions of the Web site.
DisputesAny dispute relating in any way to your visit to www.Earthmatelighting.com shall be submitted to confidential arbitration in Chicago, Illinois, except that, to the extent you have in any manner violated or threatened to violate Earthmate's intellectual property or other rights, Earthmate may seek injunctive or other appropriate relief in any state or federal court in the State of Illinois, and by accessing, viewing, or using the material on this site you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's 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 agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise. Any cause of action or claim you may have with respect to the Web site must be commenced within one (1) year after the claim or cause of action arises.
Entire AgreementThese Terms and Conditions constitute the entire agreement between Earthmate and you.
Subject to ChangeAll terms herein are subject to change without prior notice.
MiscellaneousUse of the site by you is unauthorized in any jurisdiction that does not give effect to all provisions contained in this Terms and Conditions.
A printed version of this Terms and Conditions shall be admissible in judicial or administrative proceedings relating to this Terms and Conditions to the same extent and subject to the same conditions as other business documents initially generated and maintained in a printed form.
Questions and CommentsEarthmate welcomes your questions or comments about this Conditions of Use statement. Please e-mail Questions@Earthmatelighting.com or mail 235 E. 171st St., Harvey, IL 60426.
Privacy PolicyEarthmate is committed to respecting your privacy. We recognize the need for appropriate protection and management of any personally identifiable information, including, but not limited to, first and last name, date of birth, credit card information, home or other physical address, e-mail address, phone number or other contact information ("Personal Information") you share with us through the Web site. Earthmate has established this Privacy Policy so that you can understand the care with which we intend to treat your Personal Information.
This is our entire and exclusive Privacy Policy, and it supersedes any earlier version. If these Conditions of Use are translated into another language the English language version will prevail in the event of any conflict between the translation and the English language version.
Your use of the Web site constitutes your agreement to the terms of this Privacy Policy and Earthmate's Conditions of Use, which are incorporated herein by reference. Please note that this Privacy Policy will be agreed between you and Earthmate. Whenever you submit information to the Web site, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy. Please be sure to read the entire Privacy Policy, as well as the Conditions of Use, before using the Web site. If you are not willing to accept this Privacy Policy or the Conditions of Use, we ask that you not use the Web site.
RevisionsEarthmate reserves the right, at any time, to change or modify this Privacy Policy, or any part thereof, without prior notice. Therefore, Earthmate encourages you to regularly review this Privacy Policy. If Earthmate is going to use Personal Information in a manner materially different from that stated at the time of collection, Earthmate will notify you by posting a notice on the Web site thirty (30) days prior to any such use.
Intended UseThe Web site is intended for and directed to adults. The Web site is specifically not for use by any children under the age of 18. Accordingly, we do not intend to collect Personal Information from anyone we know to be under the age of 18. No information should be submitted to the Web site by users under the age of 18. If a child under the age of 18 submits personal information to the Web site, we delete the information as soon as we discover it was provided by a child under the age of 18, and we do not use it for any purpose.
Personal InformationPersonal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address, and an e-mail address or other contact information, whether at work or at home.
In general, you can visit the Web site without telling us who you are or revealing any Personal Information about yourself. However, on some Web sites of Earthmate and/or our distributors you may be asked to provide Personal Information in order to purchase Earthmate products, register your warranty, and participate in other interactive services and the like.
When you register on the Web site, and in order to access some features of the Web site, you may be required to provide Earthmate with Personal Information, such as your name, e-mail address, mailing address, phone number, credit card information and the like. Any Personal Information provided by you or gathered by Earthmate or third parties during any visit to the Web site shall be subject to the terms of this Privacy Policy.
Information You ProvideThis Web site may collect information from you by asking you specific questions and by permitting you to communicate directly with us via e-mail or feedback forms. Some of the information that you submit may be Personal Information. For example, if you order products from a Web site, we will require your first name, last name, street address, city, state, zip code, phone number, e-mail address, credit card number, and expiration date.
Use and Disclosure of Personal InformationEarthmate may use your Personal Information for the following purposes:
- To inform you of Earthmate products, services and promotions;
- To offer you information regarding certain products and services of Earthmate partners and affiliates;
- To conduct transactions with you through the Web site; and
- To respond to inquiries you make through the Web site or through other electronic communications.
Earthmate will not share any Personal Information about you with any third party, except as otherwise stated herein and in the following circumstances:
- When you conduct a transaction through the Web site, you are providing transaction information to Earthmate's third party suppliers (such as transaction processors, financial institutions, delivery institutions, and technical support). Such third parties are only authorized to use the Personal Information for the purpose of the transaction and are required by Earthmate to treat this information in accordance with this Privacy Policy.
- Earthmate may engage third party contractors to support the business operations of the Web site (such as software applications, web hosting, and other technologies for the Web site) who may have access to your Personal Information. Such third parties are only authorized to use the Personal Information for the purpose of providing their respective services to the Web site, and are required by Earthmate to treat this information in accordance with the this Privacy Policy.
- In the event that Earthmate is party to a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of its assets, your Personal Information will, in most instances, be part of the assets transferred.
- To respond to law enforcement requests or, where required by applicable laws, court orders or government regulations.
You may 'opt out' of receiving any promotional communications either by choosing to opt out where such option is made available on the Web site or at any time by writing or sending an e-mail to Earthmate, Questions@Earthmatelighting.com. Earthmate also collects information that is not personally identifiable. Such non-personal data is used for marketing, demographic and/or statistical purposes. Earthmate may share such non-personally identifiable information with third parties.
By registering on the Web site, you agree that Earthmate and/or its affiliates and licensees may use the Personal Information you provide to deliver content to you that, in some cases, will be targeted to your interests, such as new services, promotions, and banner displays. Earthmate reserves the right to offer you third party services and products based on preferences that you identify during the registration process and based on your subsequent preferences. Such offers may be provided to you by Earthmate and/or its affiliates and licensees.
International PrivacyEarthmate strives to comply with all applicable laws that are designed to protect your privacy. Although legal requirements may vary from country to country, we seek to adhere to the principles set forth in this Privacy Policy even if Earthmate transfers your Personal Information from your country to other countries that do not provide equivalent laws to protect your Personal Information. In other words, Earthmate's goal is to provide protection for your Personal Information no matter where that Personal Information is collected, transferred, or retained.
Cookies and Other Tracking TechnologiesThe Web site may use "cookies" and other tracking technologies. A "cookie" is a small text file stored on your computer that may be used, for example, to collect information about Web site activity. Some cookies and other technologies may serve to recall Personal Information previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, you may be unable to use those services or engage in activities on the Web site that require the placement of cookies.
Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that the Web site is accessed. Earthmate's use of cookies and other tracking technologies allows us to improve the Web site and your experience using the Web site. We may use this information to understand how our users navigate the Web site, and to determine common traffic patterns, including what Web site you came from. Earthmate may also analyze information that does not contain Personal Information for trends and statistics.
IP AddressesAn IP address is a number that is assigned automatically to your computer whenever you use the World Wide Web. Web servers automatically identify your computer by its IP address. Earthmate may collect IP addresses for system administration, to report aggregate information to our advertisers and partners, and to audit the use of the Web site. When visitors request pages from the Web site, our servers log the guests' IP addresses. We typically do not link IP addresses to Personal Information. This means that a visitor's session will be logged, but the visitor remains anonymous to us. We can and will use IP addresses to identify a visitor if required by law, when disclosure is required to maintain the security and integrity of the Web site or to protect any user's security or the security of other persons, consistent with applicable laws.
Privacy ProtectionTo protect your privacy, Earthmate has adopted the following principles: Notice, Choice, Security, and Access/Accuracy.
NoticeThis Privacy Policy provides notice regarding Earthmate's collection and use of Personal Information.
ChoiceYou may choose whether or not to provide Personal Information to Earthmate. If you choose not to provide the requested Personal Information, you can still visit most parts of the Web site, but you may be unable to access certain options, offers, and services that involve Earthmate's interaction with you. If you chose to have a relationship with Earthmate, such as a contractual or other business relationship or partnership, we will naturally continue to contact you in connection with that business relationship.
SecurityWherever your Personal Information may be held within Earthmate or on its behalf, we intend to take reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorized access or disclosure. However, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we have taken appropriate steps to protect your Personal Information, we cannot ensure or otherwise warrant the security of any information you provide to us or from the Web site, and therefore you use the Web site at your own risk. For any additional information about the security measures we employ please write or send an e-mail to Earthmate at Questions@Earthmatelighting.com
Access/AccuracyTo the extent that you do provide us with Personal Information, Earthmate wishes to maintain accurate Personal Information. Where we collect Personal Information from you on the Web site, our goal is to provide a means of contacting Earthmate should you need to update or correct that Personal Information. If for any reason those means are unavailable or inaccessible, you may send updates and corrections about your Personal Information by writing or sending an e-mail to Earthmate at, Questions@Earthmatelighting.com We will make reasonable efforts to incorporate the changes in your Personal Information that we hold as soon as practicable.
Third Party ServicesThird parties provide certain services available on the Web site on Earthmate's behalf. Earthmate may provide information, including Personal Information that Earthmate collects on the Web site to third-party service providers to help us deliver programs, products, information, and services. Service providers are also an important means by which Earthmate maintains the Web site and mailing lists. Earthmate will take reasonable steps to ensure that these third-party service providers are obligated to protect your Personal Information on Earthmate's behalf.
Earthmate does not intend to transfer Personal Information without your consent to third parties who are not bound to protect your Personal Information unless such transfer is legally required. Similarly, it is against Earthmate's policy to sell Personal Information collected through the Web site without your consent.
Links to Other Web sitesThe Web site may contain links or references to independently owned and/or operated Web sites that Earthmate believes might be of interest to users. Earthmate does not control the content of these links or of the Web sites linked to. These other Web sites may send you their own cookies, collect data, and/or solicit Personal Information. Earthmate disclaims any and all responsibility for the content or privacy practices of such Web sites. Once you have clicked on a third party link and leave the Web site, you must read the privacy policy of the other Web site to see how your Personal Information will be handled.
Commercial Products DivisionIf you are looking for lighting products for commercial and industrial applications, please visit Litetronics International, Inc. at www.Litetronics.com.
Commitment
Earthmate is committed to privacy and we are involved in and support current industry initiatives to preserve individual privacy rights on the Internet. Protecting your privacy online is an evolving area, and the Web site is constantly evolving to meet these demands.
Earthmate welcomes your questions or comments about this Privacy Policy. Please e-mail Questions@Earthmatelighting.com or mail 235 E. 171st St., Harvey, IL 60426
