INTRODUCTION
Welcome to emberlight.co ("emberlight Website"). The Website is operated by Emberlight, Inc., 607 Market Street, 2nd floor, San Francisco, California 94105 U.S.A. ("emberlight").
The Website contains certain information regarding the emberlight proprietary lighting controls and monitoring service and related software and also allows you to pre-order emberlight units and create an emberlight account ("emberlight Account").
ACCEPTANCE OF TERMS
Your use of the emberlight Website, emberlight Account and the Software (or any part thereof) (collectively the "emberlight Service") is governed by these Terms of Service, which constitute a binding legal agreement between you and emberlight ("Agreement"). By using the emberlight Service you agree to abide by these Terms of Service. If you do NOT agree to all of these Terms of Service, you should NOT access or use any aspect of the emberlight Service. These Terms of Service will remain in full effect for the time that you continue to use or access the emberlight Service or until terminated in accordance with the provisions of this Agreement. These terms may change from time to time at the discretion of emberlight and such changes will take effect from the time such changes are posted on the emberlight Website. You should regularly review these Terms of Service. emberlight reserves the right to make changes to, suspend or terminate emberlight Accounts at its discretion without prior notice.
ACCESS TO THE SERVICE
emberlight hereby grants you the right to use the emberlight Service solely for accessing, monitoring and controlling the emberlights installed at your own property from your own mobile or other computer devices and you are solely responsible for restricting access to such computer devices that can monitor and control the emberlights installed on your property. emberlight reserves the right to limit the number of emberlight Accounts that can be created from a computer device and the number of computer devices that can access an individual emberlight Account.
emberlight reserves the rights to either temporarily or permanently modify or terminate the emberlight Service (or any part thereof). emberlight will post on our website and/or will send you an email to the address associated with your emberlight Account to provide the notice of any material changes to the emberlight Service. If you do not like the modifications to the emberlight Service, your sole remedy is to cease using the emberlight Service.
PRIVACY POLICY
Personal information provided or collected through or in connection with the emberlight Service shall only be used in accordance with the emberlight Service Privacy Policy at www.emberlight.co/legal, and these Terms of Use are subject to the emberlight Service Privacy Policy.
INTERRUPTIONS TO AND AVAILABILITY OF THE EMBERLIGHT SERVICE
emberlight is not liable for any interruptions to internet connectivity, Wi-Fi connectivity or availability of services offered through third parties. Any materials downloaded from the emberlight Website are done so at your own risk. emberlight will not be held accountable for damage to computer equipment or loss of data as a result of downloads from the emberlight Website. emberlight will not be responsible for any problems or liability arising from the use of third party software or hardware in relation to the emberlight Service.
You agree that the emberlight Service availability is dependent on your mobile or computer device, device carrier, your internet service provider, your home wiring, your Wi-Fi hardware and other software and hardware that is used to control the emberlight Service. You acknowledge and agree that emberlight cannot be held responsible for fees and charges associated with these products and services. Third-party Software, Hardware or content. You agree that emberlight cannot be held responsible for software, hardware or content developed by third parties that interacts with the emberlight Service or the emberlight Lightbulb. It is your responsibility to read and accept any third party user licensing agreements. In the event that the third party terms of service are less restrictive than the emberlight Terms of Service, then the emberlight Terms of Service will apply.
Any link from the emberlight Website or emberlight App to any third party website or content will not be considered an endorsement of such website or content, or the products or services available through such website.
You agree to indemnify and hold harmless emberlight, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of any violation of these Terms of Service by you.
If you have a dispute with one or more users of the emberlight Service, you release emberlight, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
DISCLAIMER; Limitation of Liability THE EMBERLIGHT SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". EMBERLIGHT AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF ANY ASPECT OF THE EMBERLIGHT SERVICE. IN NO EVENT SHALL EMBERLIGHT OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE EMBERLIGHT SERVICE, EVEN IF EMBERLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY AND SOLELY FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF EMBERLIGHT.
If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in Section 4 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the extent required by applicable law.
OWNERSHIP BY EMBERLIGHT
emberlight and/or its licensors retain all right, title, and interest in and to the emberlight Service and all aspects thereof, including all patents, copyrights, trade secrets, and other intellectual property rights incorporated therein. You may not remove or destroy any product identification, copyright notices, or other proprietary markings or restrictions from any aspect of the emberlight Service or any emberlight product.
You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of the emberlight Service ("Feedback") that are not already subject to third party intellectual property rights may be used by emberlight or any other user of the emberlight Service without compensation or attribution, and you hereby grant emberlight, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license under all intellectual property rights in the Feedback for any purpose. You acknowledge that any Feedback submitted to emberlight or the emberlight Website constitutes "publication" of such inventions under applicable patent law.
GENERAL
Export Control: You may not use or otherwise export or re-export the emberlight Service (or any aspect thereof) except as authorized by United States law and the laws of the jurisdiction in which the emberlight Service was obtained. In particular, but without limitation, the emberlight Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the emberlight Service, you represent and warrant that you are not located in any such country or on any such list.
Assignment: You may not assign this Agreement or any of your rights, obligations, or liabilities hereunder without the prior written consent of emberlight, and any attempted assignment or delegation in violation of the foregoing will be void.
Jurisdiction; Dispute Resolution: This Agreement or the performance, enforcement, breach or termination hereof shall be construed, governed, and interpreted in accordance with the laws of the State of California, United States of America, without regard to its conflict of laws principles. The terms of the United Nations Convention on Contracts for the International Sale of Goods (1980) shall not apply to the interpretation or enforcement of this Agreement. You consent to the jurisdiction of all federal and state courts in San Francisco, California and agree that venue shall be in San Francisco, California. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or use of the emberlight Service or emberlight Lightbulbs shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator[s] may be entered in any court having jurisdiction thereof.
Severability: If any provision, right or remedy provided for herein is determined by a court of competent jurisdiction to be invalid, void or enforceable, the validity and enforceability of the remaining provisions will not be affected thereby.
No Waiver: No waiver will be implied from conduct or failure to enforce rights. No provisions of this Agreement shall be deemed waived unless such waiver is in writing and signed by the authorized representative of the party against whom it is sought to be enforced. Waiver by either party of any default by the other party of any provision of this agreement shall not be deemed a waiver by the waiving party of any subsequent or other default.
Entire Agreement: This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous agreements or understandings, whether oral or written, with respect to such subject matter.
emberlight website pre-orders – 14 Day Cancellation Policy
If you are not satisfied with your emberlight bulb pre-order directly from the emberlight website (the "Product"), emberlight's cancellation policy allows you to cancel the pre-order by you directly from the emberlight website after email emberlight at hello@emberlight.co during the 14 day period following date of pre-order by emberlight.
emberlight Privacy Policy
By accessing the emberlight website ("Site") or using the services offered by emberlight ("Services") you agree and acknowledge to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms or to our Privacy Policy, please do not access the Site or use the Services. We reserve the right to change these Terms at any time. We recommend that you periodically check this Site for changes.
emberlight grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. emberlight reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.
You are solely responsible for your use of the Site and Services. emberlight may allow for the posting of content to third-party websites. The third-party websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any third-party website or any link contained in a third-party website.
emberlight accesses and stores sensitive website login data as part of its daily operations. While we will take every reasonable precaution to secure these details (including the use of database data encryption), we will not accept any responsibility or liability for actions that may result from this data being intercepted or accessed by an unauthorized third-party.
EMBERLIGHT PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. EMBERLIGHT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL EMBERLIGHT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT EMBERLIGHT HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH EMBERLIGHT SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.