Introduction

These Terms and Conditions (“Terms”) govern the use of the Nexillumi® Led Strip Lights, Permanent Outdoor Lights website located at nexillumiled.shop (the “Site”) and any related services provided by Nexillumi® (the “Company”, “we”, “us” and “our”), together with the Company mobile application and related services provided by the Company (collectively, the “Service”).

Please read these Terms carefully before using the Service. By using or accessing the Service, you agree to be bound by these Terms. If you do not agree to all of the Terms, do not access or use the Service.

Use of the Service

Eligibility: The Service is available only to individuals who are at least 18 years old. You represent and warrant that you are at least 18 years old and have the right, authority, and capacity to agree to these Terms.

Registration: To access certain features of the Service, you may be required to register for an account. When you register for an account, you agree to provide accurate and complete information about yourself. You are solely responsible for any activity that occurs in your account. You must keep your account password secure.

Content: The Company grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service and the content provided through the Service solely for your own personal use. You may not use the Service or the content for commercial purposes without the Company’s express prior written consent.

Restrictions: You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use the Service or any content obtained from the Service without the Company’s express prior written consent. You may not use the Service for any illegal or unauthorized purpose. Violation of these restrictions may result in civil and/or criminal penalties.

Ownership: The Service and all content, including but not limited to text, graphics, logos, tools, photographs, videos, images, illustrations, and software, is the property of the Company or its content suppliers and protected by copyright, trademark and other laws. All rights not expressly granted are reserved.

Access and Availability: We may limit or suspend access to the Service without notice. We reserve the right to modify, suspend, or discontinue the Service in whole or in part at any time without notice or liability to you. The Service is provided on an “as is” and “as available” basis without any warranties of any kind.

Age Limitations: The Service is not directed to individuals under the age of 18. You must be at least 18 years old to access or use the Service. By using the Service, you represent and warrant that you are at least 18 years old.

User Content

User Content: “User Content” refers to all content submitted by users of the Service, including but not limited to comments, reviews, messages, posts, images, documents, audio, video and any other materials posted to public areas of the Service. You are solely responsible for your User Content.

License Grant: By posting User Content through the Service, you grant the Company a perpetual, non-exclusive, royalty-free, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and otherwise exploit such User Content throughout the world in any media. You grant the Company the right to use the name and likeness that you submit in connection with such User Content.

Representations and Warranties: You represent and warrant that (1) you own and control the rights to the User Content or have the lawful right to post and use the User Content, and (2) the User Content is accurate and not misleading or harmful in any manner. You agree to indemnify the Company for all claims arising from or related to the User Content.

Removal of User Content: We reserve the right to remove or delete any User Content at any time without notice to you. You have no rights in or to such removed or deleted User Content.

No Obligation: We have no obligation to display, post, use, or otherwise make available any User Content. We have the right to refuse or remove User Content for any reason.

Purchases

Order Acceptance: All purchases of products through the Service are subject to acceptance by the Company. We reserve the right to reject any order for any reason. Receipt of an order confirmation does not signify the Company’s acceptance of an order. The Company reserves the right to restrict or cancel orders that it believes have been placed in violation of these Terms.

Accuracy of Information: You represent and warrant that all information provided by you in connection with any purchase is accurate and complete. The Company reserves the right to correct any errors in pricing at any time, including after an order has been submitted and confirmed.

Availability: We make reasonable efforts to provide accurate product availability information through the Service, but do not guarantee availability. Products may sell out or inventory may be depleted without notice.

Shipment: You will receive a shipment confirmation e-mail with a tracking number when your order ships. Shipping dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipment.

Returns and Refunds: Please review our Return Policy posted on the Service for information about returns and refunds.

Sales Tax: If you purchase products through the Service, you are responsible for all applicable taxes associated with such purchase.

Payments

Payment Methods: All payments are processed by third-party payment processors. We accept payments through all major credit cards, debit cards and other methods made available through our payment processors.

Recurring Payments: Some products or services may involve recurring payments or subscription plans. You authorize the Company and our payment processors to charge your payment method periodically for such recurring payments.

No Refunds: Payments are non-refundable and we have no obligation to issue refunds or credits for any partially used periods of recurring payments.

Automatic Renewal: Subscription plans will automatically renew at the end of the current period unless you cancel your subscription plan through your account before the renewal date.

Termination

Termination by You: You may terminate your access to the Service at any time by contacting us at [email protected]. Terminating your access does not entitle you to any refunds for purchases. Certain parts of these Terms may survive termination of your access.

Termination by Us: We reserve the right to suspend or terminate your access to the Service at any time without notice. We reserve the right to refuse service or terminate accounts for any reason.

Survival: All provisions of these Terms that should reasonably survive termination shall survive termination of your access to the Service, including without limitation ownership provisions, disclaimers or limitations of obligations or liability, and indemnity.

Disclaimers and Limitation of Liability

Disclaimers: YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability: THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR DATA USE, ARISING FROM OR RELATING TO THE SERVICE. IN NO EVENT WILL THE COMPANY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE EXCEED $100.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising from: (i) your violation of any provision of these Terms; (ii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iii) any claim that the User Content caused damage to a third party. This defense and indemnification obligation will survive termination of these Terms.

Changes to the Terms

We reserve the right to amend these Terms from time to time. If we make changes, we will notify you by revising the date at the top of this page and, in some cases, we may provide you with additional notice such as by adding a statement on our homepage or sending you an email notification. We encourage you to review these Terms whenever you access or use the Service to stay informed about our information practices and your rights. Your continued use of the Service after such amendments will constitute your binding acceptance of such amendments.

Governing Law

These Terms and your access to and use of the Service will be governed by and construed and enforced in accordance with the laws of the State of California, United States of America, without regard to conflict of law rules or principles. Any dispute between the parties that is not subject to arbitration shall be resolved in the state or federal courts located in Los Angeles County, California, and you hereby irrevocably submit to personal jurisdiction and venue in Los Angeles County for any such dispute.

Alternative Dispute Resolution and Arbitration Agreement

If you have a dispute with the Company, we hope to resolve concerns amicably. But if we are unable to do so, we each agree to resolve any claim, dispute, or controversy arising out of these Terms (excluding claims for injunctive or other equitable relief) through final and binding arbitration. Before filing a claim for arbitration, you agree to try to resolve the dispute informally by contacting us at [email protected].

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Payment of filing, administration and arbitrator fees will be governed by the AAA’s rules.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. We also each agree that the arbitrator may award relief only on an individual basis and may not award any form of consolidated, representative or class-wide relief.

If the arbitrator finds that any part of this arbitration agreement is invalid or unenforceable, then the remaining parts will still apply. You may opt out of these arbitration procedures within 30 days after the date that you first agree to these Terms by contacting us at [email protected]. If a dispute arises after more than 30 days from when you agreed to these Terms, this arbitration agreement will apply even if you opt out of it.

These Terms, and any rights or claims arising out of these Terms, will be construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles that would cause the application of other laws. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of those courts for purposes of litigating the dispute.

If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

Contact Us

Please feel free to contact us with any questions or concerns regarding these Terms and Conditions.

• Via Email: [email protected]
• Via Phone: 1-800-123-4567
• Via Mail:
  Nexillumi® Led Strip Lights, Permanent Outdoor Lights
  123 Main St
  Los Angeles, CA 90001

These Terms were last updated on March 1, 2023.