Legal

Terms of Service

Last updated: June 30, 2022

Etherium Lighting LLC (“Etherium”) offers Website features, services and products when you visit (the “Site”), or use software provided in connection with any of the foregoing (collectively, “Services”). Visitors interacting with the Site agree to follow the Terms of Service (“ToS”) stated on this page. These terms of service outline the rules and regulations for the use of Etherium’s Website, located at https://etheriumled.com/.

Acceptance of Terms

You can review the most current version of the terms of service at any time on this page. Etherium reserves the right, at its sole discretion, to update, change or replace any part of the terms of service. The following terminology applies to these ToS, Privacy Policy and Disclaimer Notice and all Agreements: “Customer”, “You” and “Your” refers to you, the person logging into the Portal and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Customer and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner for the express purpose of meeting the Customer’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Communications With Us

When you send us emails or call us from your desktop, tablet or mobile device, you consent to communicate with Etherium electronically. You agree that all agreements, notices, disclosures, and other communications that Etherium provides to you electronically satisfy any legal requirement that such communications be in writing.

Cookies

We employ the use of cookies. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our Website to enable the functionality of certain areas to make it easier for people visiting our Website. For more information read Cookies Notice.

Prohibited Activities

The Site may not be used for any illegal or unauthorized purpose: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (f) to collect or track the personal information of others; (g) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (h) to interfere with or circumvent the security features of the Site and links. Violations will terminate access to the Site.

Copyright Notice

ETHERIUM, the ETHERIUM logo, TriLum Tunable, NuGem, ProGem, and DuraGem are trademarks of Etherium Lighting LLC and its affiliates. All content and compilations included in or made available through the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Etherium, or its content suppliers, and protected by United States and international copyright laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site.

Third-Party Integrations

In general, we do not feature third-party links on the Site. In the event that certain embedded, linked content, or information are available through the Site from third-parties, links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy, or changes and we do not warrant and will not have any liability or responsibility for any third-party materials, products or websites.

Hyperlinking to Our Content

The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Etherium; and (d) the link is in the context of general resource information. These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site. If you are one of the organizations listed in paragraph 2 above and are interested in linking to our Website, you must inform us by sending an e-mail to Etherium. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Etherium’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Reservation of Rights

We reserve the right to request that you remove all products, links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Indemnification

You agree to indemnify, defend and hold harmless Etherium and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the ToS or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty. As long as the Website and the information are provided free of charge, we will not be liable for any loss or damage of any nature.

Updates and Amendments

Terms, services, and product information are subject to change without notice. It is your responsibility to check our Website periodically and communicate with account managers for changes. Your continued use of or access to the Site constitutes review and acceptance of those changes. If we make material changes to this ToS, we will notify You here that it has been updated with the “Last updated” date at the top of this Terms of Service.

Entire Agreement

The failure of Etherium to exercise or enforce any right or provision of these ToS shall not constitute a waiver of such right or provision. The ToS and any policies or operating rules posted by us on this Site or in respect to the Site constitutes the entire agreement and understanding between you and Etherium and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the ToS). Any ambiguities in the interpretation of the ToS shall not be construed against the drafting party. The ToS and any separate agreements shall be governed by and construed in accordance with the laws of Franklin County, Ohio, USA for Etherium Lighting LLC at 6969 Alum Creek Dr., Suite #4, Columbus, OH, 43217.