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eLumit Terms of Use (updated 12/22/2011)
 
By using this web site, you agree to be bound by the terms in this Terms of Use. You may print and keep a copy of this Agreement. We may change our Terms of Use from time to time. If we do make any changes, we will update this document accordingly (the date of the most recent change is displayed at the top of this document). It is your responsibility to access this document whenever you visit this web site to determine if there have been any changes to the terms of the Terms of Use. By using this web site, you will be indicating that you agree to be bound by the changes. If you do not agree to be bound by the changes, you may not use this web site. You are responsible for all statements made and acts or omissions that occur while using this web site. You may not use this web site for any unlawful purpose.
 
COPYRIGHT AND LIMITATIONS ON USE
 
The content and other intellectual property available through this web site (including but not limited to articles, photographs, images, illustrations, and data) is the property of LumenSearch, LLC d/b/a eLumit (“eLumit”) or its licensors and is protected by copyright and other intellectual property laws. This web site is also copyrighted as a collective work under United States copyright law. Content received through this web site may be displayed and printed for your personal, non-commercial use only. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this web site to anyone, including but not limited to others in the same company or organization, without the express prior written consent of eLumit, with this one exception: You may modify, reproduce, retransmit, distribute, or disseminate for personal or commercial use the Project Specifications, Schedule and Budget reports you assemble and generate through My eLumit. You may not post any content from this web site to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of eLumit. To request consent for other matters, please contact eLumit at 1-212-388-0646.
 
TRADEMARKS
 
eLumit is a registered trademark of eLumit Inc., licensed by LumenSearch LLC. eLumit's trademarks may not be used in connection with any product or service that is not eLumit's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits eLumit.
 
DISCLAIMER OF WARRANTIES AND LIABILITY
 
The Web Site is operated on an “as is” basis, and that eLumit makes no representations or warranties of any kind whatsoever regarding performance of the Web Site, or that it will be error-free or that End Users’ access thereto (including the Manufacturer Information) and use thereof will be uninterrupted. ELUMIT MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND AND DISCLAIMS ALL REPRESENTATIONS, GUARANTEES OR WARRANTIES, EXPRESS OR, IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR UNINTERRUPTED OPERATION OF THE WEB SITE.
 
eLumit does not either directly or impliedly represent, warrant or endorse the accuracy or reliability of any information, specifications, data, photographs or advertising (the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website (the "Service"), nor the quality of any products or other materials displayed, you link to or obtain from any advertisement or any other information in connection with the Service or the Materials.
 
Although the Materials are based upon information eLumit.considers reliable, eLumit has not verified the Materials and does not represent they are accurate, current or complete. Neither eLumit nor any of its third party providers shall be responsible to maintain the data made available on this website or to supply any corrections, updates or releases in connection with the Service. Availability of data is subject to change without notice and eLumit reserves the right, in its sole discretion, without obligation to make improvements to the Service, or to correct any errors or omissions to the Materials.
 
The Materials provided by eLumit and our third party providers are on an "as is" basis at your sole risk without regard to any particular user's objectives and eLumit is not soliciting any action based on it. eLumit Inc. expressly disclaims any implied warranty of merchantability or fitness for a particular purpose and shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use of the Service. In no event will eLumit be liable for damages including damages for lost data, profits, business interruption, loss of programs or other data on any user's information data system arising out of the use of the Service or of the productsor information listed on it, even if eLumit is expressly advised of the possibility of such damage.
 
Any comments or materials sent to eLumit, including feedback, questions, comments or suggestions regarding the Materials or the Service (the "Feedback") shall be treated as non-confidential. eLumit shall have no obligation of any kind with respect to the Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, eLumit shall be free to use any ideas, concepts, know-how or techniques obtained from such Feedback for any purpose whatsoever.
 
The fact eLumit has made the Materials on this site available to you is not a recommendation you purchase any product or that any product is suitable or appropriate for your use. Neither is the Service intended to provide design services such as designing, engineering or consulting with respect to lighting products.
 
eLumit respects the intellectual property rights of others and we ask our users to do the same. eLumit, may, in appropriate circumstances and at its sole discretion, terminate the membership accounts of users and members who violate such rights of others. ELUMIT and the ELUMIT logo are trademarks and service marks of eLumit Inc. and may not be displayed or used in any manner without its prior written permission. All other trademarks are the property of their respective owners.
 
You are permitted to store, display, analyze, modify, reformat and print the Materials made available to you via the Service only for your use. You are not permitted to publish, transmit or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of eLumit In addition, you are not permitted to alter, obscure or remove any copyright, trademark or any other notice appearing with the information provided to you.
 

MANUFACTURER-PROVIDED INFORMATION
 
If you are a Manufacturer who lists products for research, specification and/or sale on the web site, you shall make all of the text, graphics, images, information, trademarks, copyrights and specifications pertaining to your Products (“Manufacturer Information”) available to eLumit
 
By providing that information to eLumit, you hereby grant to eLumit a perpetual worldwide, non-exclusive, royalty-free license to use it to provide End Users access to Manufacturer Information. To the extent such access is deemed to be a reproduction, transmission or distribution, you hereby further grant to eLumit a worldwide, royalty-free license to use, reproduce, transmit, distribute and publicly display the Manufacturer Information and to offer End Users the option of printing and downloading it, or any portion thereof, for their own personal or internal use, without the right to redistribute commercially.
 
Likewise, if you are a manufacturer who lists products for research, specification and/or sale on the web site, you hereby provide eLumit a perpetual royalty-free, non-exclusive, worldwide license to use, reproduce and display your trademarks, trade names, service marks, designs, characters, logos and other indicia of origin (“Marks”) in connection with the advertising, marketing, promotion (online and otherwise), display and/or distribution of the Web Site and/or eLumit’s services in any medium, solely for the purposes specified in any agreements or contracts between you and eLumit. It is understood that the names, logos, and Marks of other manufacturers and other products of third parties competitive with you, or third-party content (which may include advertising), may appear on the same pages upon which the Marks appear.
 
As a manufacturer who lists products for research, specification and/or sale on the web site, you hereby represent and warrant to eLumit that: (i) the Manufacturer Information and Marks will be your own and original creations, except for materials or content validly licensed by you or in the public domain; (ii) the Manufacturer Information and Marks will not be obscene or indecent or otherwise objectionable to a person with reasonable sensibilities; (iii) the Manufacturer Information and Marks and their use as contemplated under your agreement with eLumit will not constitute a libel or defamation of, and will not cause injury to, any third party; and (iv) the Manufacturer Information and Marks conforms and will conform to all applicable laws and regulations.
 
Subject to the licenses granted within this Agreement, each party reserves all of its right, title and interest in its intellectual property rights (e.g. patents, copyrights, trade secrets, trademarks and other intellectual property rights). You hereby expressly acknowledge that eLumit owns or licenses all right, title, and interest in any patents, copyrights, trade secrets, trademarks and other intellectual property rights relating to the Web Site and that this Agreement conveys no right, title, or interest in the Web Site to you. Neither party will modify, alter or obfuscate the other party's Marks or use the other party's Marks in a manner that disparages the other party or its products or services, or portrays the other party or its products or services in a false, competitively adverse or poor light. Each party will comply with the other party's instructions as to the form of use of the other party's Marks and will avoid any action that diminishes the value of such Marks. Either party's unauthorized use of the other's Marks is strictly prohibited. Upon termination of this Agreement and upon written request, the party in receipt of the requesting party's intellectual or proprietary property and/or information pursuant to this Agreement shall return such information to the requesting party.
 
While eLumit does not intend, and does not undertake, to monitor the Manufacturer Information, if eLumit at any time during the Initial Term or any Renewal Term (i) becomes aware of a breach or inaccuracy of any representation or warranty, (ii) determines, in its sole discretion, that the Manufacturer Information and/or Marks, or any portion thereof, are offensive, illegal, or otherwise objectionable, or (iii) otherwise reasonably believes that the inclusion of any Manufacturer Information and/or Marks may result in a third-party claim against or civil or criminal liability to eLumit or one or more eLumit’s affiliates, eLumit may, in addition to any other remedies, cease displaying the Manufacturer Information and/or Marks to the End Users, until such time as Manufacturer shall have demonstrated, to eLumit’s satisfaction, that such breach or inaccuracy has been cured, or that the Manufacturer Information and/or Marks, or portion thereof, creating the likelihood of a claim or liability have been removed. Manufacturer shall cooperate reasonably with eLumit with respect to the foregoing.
 
THIRD-PARTY SITES
 
Mention of and links to third party companies and products are for informational purposes only and constitute neither an endorsement nor a recommendation and are not intended to suggest any affiliation unless expressly stated.
 
You may be able to access other internet sites not created by eLumit.com through this web site. The reliability, availability, legality, performance and other aspects of resources in internet sites other than those created by eLumit.com is beyond eLumit's control, and eLumit makes no representations or warranties with respect to such sites.
 
PRIVACY POLICY
 
eLumit is committed to ensuring the privacy of all of our users. We never disclose or sell the limited, non-financial information collected on our web site, and only use it to serve our users or inform our users about important updates concerning relevant information provided by eLumit You have our guarantee that we will not sell or rent your email address for unsolicited marketing. Please look through our privacy policy below for additional details.
 
As we add new features and enhance functionality at eLumit.com, changes to our privacy policy may be required to reflect the nature of the new information we might be providing you or asking you to provide us. All such changes to the privacy policy will be available for viewing here. Feel free to contact us by email with any questions regarding our policies or our site in general at support@eLumit.com.
 
What information do you collect?
Registered users of eLumit.com are required to provide only the data necessary for My eLumit functionality. For example, your email address is used to send you our newsletter and notifications if you requested it. Your zip code is used to look up your local manufacturer's reps. Once you have provided basic information for your My eLumit profile, it is stored on our server until you choose to change or remove it. Project and product specification information is also collected from My eLumit users.
 
What do you do with the information I provide?
We use your profile information to fulfill requests you make through My eLumit. This includes requests you make for product information, pricing or samples from manufacturers or their reps. The information you provide when you register is never shared outside of eLumit.com without your permission. We use your project and product spec information to alert manufacturers about upcoming project specifications for their products. Manufacturers are prohibited from contacting you about your eLumit project and specification information until you actively release your project in My eLumit using the "Help Manufacturers Hold Your Spec" feature.
 
I am a manufacturer who lists products on eLumit.com. Will I have access to End User Information collected by eLumit?
As a manufacturer who lists products on the Web Site, you do not have any right to access, use, or provide to third parties, any End User Information collected by eLumit or processed through the Web Site. However, should any End User authorize eLumit to provide End User Information to you, eLumit, within its sole discretion, may provide such End User Information to you. If that happens, eLumit will provide the End User Information to you in a manner consistent with the provisions of eLumit’s privacy policy, these Terms of Use, and other legal notices available on the Web Site and updated from time to time.
 
Do you collect aggregate data?
"Aggregate data" refers to overall site statistics and trend information, such as how many people looked at downlights yesterday or how many eLumit.com users are Lighting Designers. We collect aggregate data to enhance our site design. In addition, we may share aggregate data with our participating manufacturers so that they can tailor their presence on the site.
 
Do you use cookies?
In order to recognize and enhance the experience of our registered users eLumit uses cookies. This allows you to conveniently access different features of our site without asking you to log in every time. A cookie is simply a text file on your hard drive, containing a unique string of characters. The eLumit.com server recognizes your cookie when you visit our site, and is then able to associate your computer with your profile data on our server. That's why we can greet you by name when you visit us again, for example.
 
If you choose not to use cookies, you can set your browser to refuse them. In that case, we will have to ask you to log in every time you make use of personalized features such as My eLumit.
 
eLumit's use of individually identifiable information is governed by eLumit's Privacy Policy.
 
Copyright © 2002-2012 LumenSearch LLC d/b/a/ eLumit ALL RIGHTS RESERVED. Disclaimer of Warranty and Limitation of Liability.