Terms & Conditions
Introduction
By using our Services, you agree to be bound by this Agreement, whether you are a “Visitor” (meaning that you simply browse the Sight Lights Website, including through a mobile device, or otherwise use any of the Services for which a Client Account is not required) or you are a “Client” (meaning that you have an account with Sight Lights, referred to herein as a “Client Account“). The term “User” refers to Visitors and Clients collectively.
Binding Agreement
These “Terms of Use” form/are a legal agreement between the User (“you“) and Sight Lights concerning your access to and use of the Services. In consideration of Sight Lights providing you with access to the Services, through your access to and use of the Services, you accept and agree, without limitation or qualification, to the terms and conditions contained in these Terms of Use and acknowledge that you intend to be legally bound by them. If you do not agree with these Terms and Conditions you may not access or use the Services. and you should immediately cease and desist any and all use of the Services.
Note: The Services are maintained and updated frequently to bring you the latest information online. Although our technicians do their best, Sight Lights cannot be held responsible for errors and omissions
Although accessible by others, the Services and the Content are intended for access and use by residents of Canada only.
Right to Access and Use / Proprietary Rights
You hereby agree and acknowledge that Sight Lights and/or its licensor(s) is and shall remain the sole and exclusive owner of the Content and all intellectual property associated with, including any content posted by you on/in association with the Services, including but not limited to all copyrights, trademarks, trade secrets, patents, logo, designs and Content. Sight Lights grants you a personal, non-transferable and non-exclusive license to access, read, download and print the Content (which includes without limitation, all data, images, graphics, illustrations, designs, icons, photographs, video clips and written and other materials) solely and exclusively for your personal and private, non-commercial use. You may not distribute, modify, transmit, reuse, repost or use the Content, in whole or in part, for public or commercial purposes, without the express written permission of Sight Lights. You may, to the extent available to do so and subject to these Terms of Use, use the Services to access such other related information, materials and services as may be made available from Sight Lights through the Services from time to time hereafter.
You agree that you acquire absolutely no rights or licenses to any of the Content other than the limited right to access and use the Services and the Content in accordance with these Terms of Use. Any unauthorized use or display of any such trade-marks or trade names is strictly prohibited.
Remedies
Sight Lights reserves the right to take such steps as it deems necessary, including taking legal action, to restrain any and all unauthorized use of the Services and/or the Content.
If you are dissatisfied with the Services, the Content and/or your use thereof, or with any of the terms, conditions, guidelines, practices or policies of Sight Lights in operating the Services, you agree that your sole and exclusive remedy shall be to discontinue using the Services.
No supplement, modification or amendment to these Terms of Use proposed by you shall be binding on Sight Lights unless agreed to by Sight Lights in writing.
Waiver
No waiver of any of breach of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. All waivers by Sight Lights must be in writing and signed by an authorized representative of Sight Lights.
Use Restrictions
You agree that when using the Services you will not: (i) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (ii) post material for advertising or commercial solicitation; (iii) post or transmit content which violates or infringes any third party rights or is injurious to a third party or defames, libels or disparages any third party; or (iv) post or transmit content which is indecent, obscene or pornographic or that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law.
You may not use any spider, robot or other automated or electronic agent to monitor or copy web pages or the Content, in whole or in part, from the Services or for any other purpose in connection with your access to and use of the Services. You shall not take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Services or to shut down, overload or overwhelm the Services.
Without limiting the generality of the foregoing, you agree to use the Services and the Content for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations. The Services shall not be used where, and to any extent, such use is prohibited by law. Your use of the Services from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the Services is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Services due to any restriction whatsoever.
Links
The Services may include hypertext links to other web sites solely for the purpose of helping you identify and locate other sources of information that may be of interest. Any such links do not imply any endorsement of (including that Sight Lights has reviewed such sites) or association with such third party web sites and Sight Lights is not responsible for such third party web sites or the information contained on such third party web sites. Use of third party web sites is entirely at your sole discretion and risk.
You may not create links from other web sites to this Site without the prior written consent of Sight Lights. Any copying, republication or redistribution of the Services or the Content, in whole or in part, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Sight Lights.
Limitations
The Content is made available for informational purposes only. While Sight Lights makes reasonable efforts to ensure that the Content is accurate and up to date, Sight Lights does not guarantee that any Content is error-free, complete, accurate, reliable or current.
You agree that the services and the content are provided on an “as is” basis, and are for your personal, private use only without any representations or warranties of any kind or nature whatsoever. Sight Lights, to the fullest extent permitted by law, disclaims all express or implied conditions, representations and warranties of any kind or nature, and makes no warranties about the accuracy, reliability, completeness, or timeliness of the services, the content or any third party information. Sight Lights is not responsible for errors or delays in transmission over the internet and does not warrant that the services will operate error-free or uninterrupted or that the services and/or the content are free of computer viruses and/or other harmful elements or that the services or the content will meet your requirements or expectations.
In no event shall Sight Lights or any of its officers, directors, employees or agents, be liable for any direct, indirect, consequential, incidental, special, exemplary or punitive damages, harm, injury, cost, expense or other losses or any kind or nature whatsoever (whether based on warranty, contract, tort, equity, strict liability, patent or copyright infringement or any other legal theory) resulting from the use of, or the inability to make use of, the services or any content (including without limitation in any connection with: (i) the transmission or downloading of any content from the services or submissions/postings to the services; or (ii) any lost files, data or information supplied by you) or the use of, or your reliance on, any content or other information contained on/in the services, whether or not Sight Lights is advised of the possibility of such damages or ought to have reasonably known of the potential for such damages.
Privacy and Collection & Use of Personal Information
Your privacy and the security of your personal information are very important to Sight Lights. Sight Lights Privacy Policy explains how we collect and use certain information, including the personal information that you supply to Sight Lights or otherwise make available through the Services. Sight Lights Privacy Policy is hereby incorporated by reference and is an integral part of these Terms of Use.
Indemnity
You agree to defend, indemnify, save and hold harmless Sight Lights, its affiliates and their respective officers, directors, employees, professional advisors and agents, from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses, including without limitation, reasonable legal and accounting fees, alleging or resulting from your access to and use of the Services, your use of the Content and/or your breach of these Terms of Use.
Location and Law
The Services are physically located on servers in Canada and is administered by Sight Lights from its offices in the Province of Ontario, Canada. By accessing the Services, you and Sight Lights agree that all matters relating to access to, or use of the Services and all communications, transmissions and transactions associated with the Services shall be deemed to have occurred in the Province of Ontario, Canada and shall, together with these Terms of Use, be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflicts of laws principals thereof. You and Sight Lights also agree and hereby irrevocably submit and attorn to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.
General
If, in any jurisdiction, any of the terms and condition contained in these Terms of Use are held to be unenforceable (in whole or in part) by a court of competent jurisdiction, such term(s) and/or condition(s) shall be restricted or eliminated to the minimum extent necessary and the remaining term(s) and condition(s) (or part(s) thereof) shall otherwise remain in full force and effect.
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Use constitute the entire agreement between you and Sight Lights relating to the access to and use of the Services and the Content. Anything on/in the Services inconsistent with these Terms of Use is superseded by these Terms of Use.
These Terms of Use may be assigned by Sight Lights to any other person in Sight Lights’s discretion. You may not assign Terms of Use.
All notices and communications by or to a User shall be in writing and shall be made via e-mail to order@thesightlights.com for notices to Sight Lights, or to the e-mail address that you may provide to Sight Lights in connection with your use of the Services. Either party may revise its contact information by sending the other a new/corrected email address to the address specified in the preceding sentence. Notwithstanding the foregoing, Sight Lights may also post notices or communications, or other matters of importance, on the Services; and you agree that such posts shall constitute notice to you whether or not you actually access the notice/communication via the Services. Notice by e-mail or posting on the Services shall be deemed given forty-eight (48) hours after the e-mail is sent or posted, unless in the case of e-mail the sending party is notified that the e-mail address is invalid.
The disclaimers, limitations on liability, interpretative provisions, and your warranties and indemnities shall survive any termination or expiration of these Terms of Use.
Sight Lights reserves the right to modify these Terms and Conditions at any time. It is your responsibility to review these Terms of Use each time you visit/use the Services and upon each visit/use you are deemed to be aware of such amendments. If these Terms of Use change, the revised Terms of Use will be posted and the date of the most recent version shall always be noted. If you do not agree to the amended Terms of Use, you must immediately stop accessing and using the Services. Your continued use of the Services after such amendments have been posted shall constitute your acknowledgement and acceptance of the amended Terms of Use.