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Terms of Service

General
 
Welcome to FindLight.net. FindLight, LLC (“FindLight”) offers an online marketing place connecting sellers and buyers of photonics and other equipment. Through FindLight.net, FindLight also offers advertising services using its website, search engine, software, computer server(s) and other channels (collectively “Services”).
 
Users of our Services include anyone who accesses FindLight.net or otherwise uses a Service. Any User who does not agree to this TOS, may not use FindLight’s Services or otherwise access FindLight.net. 
 
Users accessing or using Services accept and agree to these Terms of Service (“TOS”).  Users may also be subject to other terms, conditions, and policies that may be provided by FindLight or on FindLight.net, such as the FindLight Privacy Policy at https://www.findlight.net/privacy-policy. FindLight may modify this TOS or any other term, condition, or policy, at any time with or without a prior notice; any modification will be applicable to anyone accessing and using Services by anyone thereafter. This TOS was last updated on March 7, 2018.
 
 
Permitted Uses
 
Users may access the Services for the following uses: educational purposes; reading or reviewing product descriptions, specifications, reviews, data sheets, images, or videos; comparing products and product specifications, and/or prices; requesting quotations; posting products; reading or commenting on Blog articles; writing a Blog article; providing feedback to FindLight; asking questions to FindLight staff or other Users; seeking help for photonics related subjects; looking for other product related ads; contacting FindLight or using any other service available to registered users. 
 
 
Prohibited Uses
 
Users are prohibited from any of the following actions:
 
(1) Taking any action that may undermine the integrity of FindLight, FindLight.net, our computer systems and network infrastructure, or any Service and the method by which we provide Services to our Users.  
 
(2) Deploying or facilitating the use of any automated means, method or device for scraping, collecting, or compiling, or copying in whole or in part any content available through Services.
 
(3) Directly or indirectly causing any unreasonable, unnecessary, or excessive demand or load on any Service, FindLight.net, or FindLight’s computers, networks and servers.
 
(4) Using any unauthorized account.
 
(5) Using the Service in any way to transmit information which may (a) violate or infringe upon the rights of others; (b) is unlawful, threatening, abusive, or defamatory, vulgar, obscene, profane or otherwise objectionable; or, (c) encourages conduct that would constitute a criminal offense.
 
(6) Any other conduct by a User that FindLight determines in its sole discretion interferes, restricts, or inhibits the use of Services by any User.
 
 
Disputes
 
Any dispute, claim or controversy arising out of or relating to this TOS or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Santa Clara County, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The prevailing party in any such action shall be awarded reasonable attorney’s fees and costs, in addition to any judgments, awards, or other remedies awarded. Arbitration can resolve only in a User’s and/or FindLight’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated. You may assert claims in small claims court if your claims qualify.
 
 
Product Descriptions and Content Moderation
 
FindLight does not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current or error-free. Your sole remedy for any product incorrect information is with the vendor or manufacturer from which you may have purchased such product.
 
FindLight is not obligated but has the right to regulate the content of anything posted or transmitted through Our Services. This includes the moderation of product listings, posts, classifieds, emails, text, graphics, video or any other material communicated through Our Services.
 
Anyone using Our Services agrees that FindLight or any employee of FindLight will not be liable to the person or entity using Our Services for action or inaction to moderate, regulate, prevent or reject content against any conduct or potential violation of the TOS.
 
 
Export Control Compliance
 
As a vendor listing products on the FindLight marketplace, you are fully responsible for ensuring compliance with all applicable export control laws and regulations in the geographies where you operate and the countries to which you export. This includes adherence to any and all sanctions imposed by relevant governmental authorities. By listing your products on FindLight, you confirm that you understand and will comply with all applicable export control regulations and sanctions. Failure to adhere to these requirements may result in the removal of your listings and/or termination of your account. FindLight assumes no responsibility for your compliance with export control laws and regulations.
 
 
Disclaimers, Limitation of Liability, Releases
 
ANYONE USING OUR SERVICES ACCEPTS AND AGREES THAT OUR SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES. 
 
FINDLIGHT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. FINDLIGHT DISCLAIMS ALL WARRANTIES FOR OR RELATED TO: (A) SECURITY, RELIABILITY, ACCURACY AND PERFORMANCE OF OUR SERVICES AND CONTENT ACCESSED THROUGH OUR SERVICES; (B) COMPUTER VIRUSES, SPYWARE, ADWARE, WORMS AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SERVICES OR CONTENT ACCESSED THROUGH OUR SERVICES; (C) ANY TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SERVICES OR CONTENT ACCESSED THROUGH OUR SERVICES. (D) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  
 
FINDLIGHT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
 
 
Indemnification
 
You agree to defend, indemnify and hold harmless FindLight, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto FindLight’s servers; (b) any material posted or otherwise provided by you that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the Services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your use of Services.
 
 
Claims for Copyright Infringement
 
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a complaint in writing with the following information:
 
(a) Identification of the copyrighted work claimed to have been infringed upon;
 
(b) A description of the where the material that you claim is infringing is located on the FindLight.net or other Service.
 
(c) Your contact information.
 
(d) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
 
(e) A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and 
 
(f) Your physical or electronic signature.
 
FindLight can be reached by Email at contact@findlight.net
 
 
Trademarks 
 
The trademarks, logos, and services marks of FindLight displayed on FindLight.net or through any Services are the registered and/or unregistered marks of FindLight. Nothing within shall be construed as granting any license or right to use any FindLight trademarks without FindLight’s written permission.
 
Third party trademarks displayed on FindLight.net are owned by third parties. All rights, title, and interest in Third Party trademarks belong to their respective owners and neither FindLight nor you acquire the rights to such Third Party trademarks.
 
 
California Users
 
Section 1789.3 of the California Civil Code requires us to inform you that you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at: 1625 North Market Boulevard, Sacramento, California 95834 or by telephone at (916) 445-1254 or (800) 952-5210, in order to resolve any complaint regarding any service provided to you through FindLight.net.
 
 
Applicable Law
 
The laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between Users and FindLight.