The Lightkiwi Sites are available only to residents of the U.S. and Canada who are over the age of 18 and can form legally binding agreements. The products and services available on the Lightkiwi Sites are available only in the U.S. and Canada. If you do not qualify, do not use the Lightkiwi Sites. In addition, you should only access the Lightkiwi Sites from within the United States and Canada or its territories, as access to the Lightkiwi Sites may be prohibited in countries outside the U.S. and Canada. If you access the Lightkiwi Sites from outside the United States or Canada, you do so at your own risk and you are responsible for complying with the laws and regulations of your territory of access.
Special Note regarding Children: The Lightkiwi Sites are not intended for use by children under the age of 18 and, therefore, children under the age of 18 should not use the Lightkiwi Sites. Lightkiwi will comply with the Children's Online Privacy Protection Act and will not knowingly collect information from children under the age of 18. If you have children under the age of 18, you should not allow those children to use the Lightkiwi Sites and you should always monitor your children's use of the Internet. You should make your children aware that providing information about themselves over the Internet could be dangerous. Furthermore, parental control software is available to help you monitor your children's use of the Internet and to block your children's access to particular Internet sites.
Lightkiwi provides the Lightkiwi Sites and their contents for your information, education and shopping pleasure. Please feel free to browse the Lightkiwi Sites. However, you should keep in mind that all of the information, content, and other material contained on the Lightkiwi Sites, including text, trademarks, written material, trade dress, catalogs, technical information and advertisements (all "Content") are the sole and exclusive property of Lightkiwi, its licensors, or other third parties. Such Content is protected under United States copyright and other laws and international treaty provisions and any unauthorized use by you of this Content may subject you to civil and criminal penalties. The ownership of all Content is retained by Lightkiwi. You may view, download, and print material displayed on the Lightkiwi Sites for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials.
You may not:
Lightkiwi shall have no responsibility for errors of any kind on the Lightkiwi Sites or any Linked Website. Errors may include incorrect product and service descriptions, incorrect information regarding the availability of specific products, typographical errors and obsolete information, with the result that product and service descriptions, information regarding product availability, pricing information and the descriptions of promotional offers or other data may not be complete, current or accurate. In addition, errors may result when honoring a request or order placed by you if such request or order is based on incorrect information. Lightkiwi reserves the right to update or change information and correct any errors, inaccuracies, or other errors at any time.
A customer's sole and exclusive remedy if an item purchased by the customer from the Lightkiwi Sites does not fulfill the description set forth on the Lightkiwi Sites is to return the item, in an unused condition, to Lightkiwi for a refund of the purchase price and, in Lightkiwi's sole discretion, the shipping costs paid by customer. Customer, however, is responsible for shipping costs to return the unwanted item to Lightkiwi. Because actual colors and the "look and feel" you see on the Lightkiwi Sites will depend on your monitor and other technical factors, Lightkiwi cannot guarantee that any video display of any product information or other data will be accurate at any time.
The price of each product and service will only be confirmed by Lightkiwi upon the submission of an order by a customer. Prices provided on the Lightkiwi Sites are subject to change without notice and do not include shipping and handling or any applicable sales taxes or customs duties. In the event Lightkiwi discovers an error of any kind in pricing or product and service information, Lightkiwi reserves the right to, in Lightkiwi 's sole discretion, (i) cancel any order related to such pricing or product and services information error, (ii) before shipping the product to or performing the service for customer, notify the customer of the error, and await the customer's instructions as to whether or not the customer wishes to proceed with the order in light of the error, or (iii) if a pricing error is involved, and a pricing error favors the customer, ship the product to customer at the incorrect price to the customer's benefit. Products and services described on the Lightkiwi Sites are available only while supplies last, and Lightkiwi reserves the right to discontinue the offering or sale of any product or service at any time, without notice.
Lightkiwi welcomes your comments regarding the products and services offered on the Lightkiwi Sites. From time to time you may be given the opportunity to respond to surveys and provide feedback regarding (i) the store located on a unique Lightkiwi Site and (ii) the Lightkiwi Sites in general. Please understand that any questions, comments, testimonials, feedback, responses to surveys, suggestions, or similar material disclosed, submitted or posted by you on the Lightkiwi Sites or through the feedback and survey opportunities offered by Lightkiwi or third parties will be considered non-confidential, non-proprietary and not personal to you nor anyone else and may be disseminated or used by Lightkiwi, its affiliates, and the third parties collecting the feedback and responses for any purpose including, but not limited to, developing, manufacturing or marketing products. In addition, by disclosing, submitting, or posting material to the Lightkiwi Sites, you grant to Lightkiwi a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, edit, publish, translate, rework distribute and display that material without compensation or acknowledgement of source. Therefore, you should not send Lightkiwi any creative ideas, original materials, suggestions, marketing plans or other information that you would like to remain confidential or for which you would like acknowledgement or compensation. Additional terms and conditions may apply in connection with certain types of submissions (e.g. testimonials, sweepstakes or contest entries). If applicable, these additional terms and conditions will be set forth where you submit the information or in a link adjacent to where you submit the information. You should review all additional terms and conditions carefully before submitting material to the Lightkiwi Sites.
By submitting material to the Lightkiwi Sites, you represent and warrant that you own or otherwise control the rights to your submission and that your submission does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, or any form of spam. Furthermore, you understand that you may not use a false name, impersonate any person or entity, or otherwise mislead Lightkiwi as to the origin of any submission. You agree to indemnify Lightkiwi for all claims against it that arise from or are connected with your submission(s).
The Lightkiwi Sites, including all Content and the Content of any Linked Websites, are provided "as is" and "as available." AS TO THE LIGHTKIWI SITES, AND ANY LINKED WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, LIGHTKIWI EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Without limitation to the foregoing, Lightkiwi makes no warranty: (a) that there will be no interference with your enjoyment of the Lightkiwi Sites or Linked Websites; (b) that the Content provided on the Lightkiwi Sites or Linked Websites will fulfill any particular purpose or need; (c) that the Content provided on the Lightkiwi Sites or Linked Websites is complete, reliable or accurate; (d) that any request or order placed by you to the Lightkiwi Sites or Linked Websites will be honored according to your schedule or any stated schedule; (e) that the Lightkiwi Sites or Linked Websites will otherwise meet any specifications, requirements or expectations; (f) that the Lightkiwi Sites or Linked Websites will be uninterrupted, timely, secure or error free; (g) that the results obtained from use of the Lightkiwi Sites or Linked Websites will be accurate and reliable; (h) that any errors in the content of the Lightkiwi Sites or Linked Websites will be corrected; (i) that materials on the Lightkiwi Sites or Linked Websites are appropriate or available for use in any particular location; or (j) that products or services displayed or referenced on the Lightkiwi Sites or Linked Websites are available for use in any particular location.
You assume total responsibility and risk for your use of the Lightkiwi Sites and any Linked Website. Any material downloaded or otherwise obtained through the use of the Lightkiwi Sites or Linked Website shall be so obtained at your own discretion and risk. Lightkiwi will not be responsible for any damage to your computer system or loss of data that results from obtaining any material from the Lightkiwi Sites or any Linked Website. You assume the entire cost of any repairs, corrections or servicing of the products you order from the Lightkiwi Sites or any Linked Website.
Lightkiwi will not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of the Lightkiwi Sites, even if Lightkiwi has been advised of the possibility of such damages.
Lightkiwi reserves the right in its sole discretion, without prior notice and for any reason, including but not limited to unavailability of products, to deny an order or to refuse to fulfill an order in whole or in part. Furthermore, Lightkiwi shall not be liable to you or any third party for such denial or refusal.
The Lightkiwi Sites may from time to time display links to other websites or resources sponsored by third parties as a convenience to you (such third party sites are known as "Linked Websites"). Lightkiwi has no control over Linked Websites and shall not be responsible for the availability of Linked Websites or their content. Access of Linked Websites is at your own risk. Third-party websites (and any websites to which they link) may also contain information that is inaccurate, incomplete, or outdated. Lightkiwi does not endorse or provide warranties of any kind as to the proprietors or content of any Linked Websites, including any linked website of any joint venture company or other company related to Lightkiwi.
Note: If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Lightkiwi Sites, please notify Lightkiwi immediately at firstname.lastname@example.org
Effective January 1, 2011