Terms & Conditions
Agreement between User and BinghamtonChristmasLights.com
Welcome to www.binghamtonchristmaslights.com. The www.binghatmonchristmaslights.com website (the “Site”) is comprised of various webpages operated by Illuminations Lighting, Inc. The Site is offered to you conditioned on your acceptance without modifications of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.binghamtonchristmaslights.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. Www.binghamtonchristmaslights.com is a commerce site. This website is used for the education, advertising, and selling of professional holiday lighting services.
Electronic Communication
Visiting www.binghamtonchristmaslights.com or sending emails to addresses owned by Illuminations Lighting, Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communication that we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communications be in writing.
Children Under Thirteen
Illuminations Lighting, Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.binghamtonchristmaslights.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.binghamtonchristmaslights.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Illuminations Lighting, Inc. and Illuminations Lighting, Inc. is not responsible for content of any Linked Sites, including without limitation any link contained in a Linked Sie, or any changes or updates to a Linked Site. Illuminations Lighting, Inc. is providing these links to you only as a convenience, and the inclusions of any link does not imply endorsement by Illuminations Lighting, Inc. of the site or any association with its operators.
Certain services made available via www.binghamtonchristmaslights.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.binghamtonchristmaslights.com domain, you herby acknowledge and consent that Illuminations Lighting, Inc. may share such information and data with any third party with whom Illuminations Lighting, Inc. has a contractual relationship to provide the requested products, service, or functionality on behalf of www.binghamtonchristmaslights.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable licensee to access and use www.binghamtonchristmaslights.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Illuminations Lighting, Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other Party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site is the property of Illuminations Lighting, Inc. or its suppliers and protected by copyright and other laws that protect the intellectual property and proprietary rights. You agree to observe and abide by all copyrights and other proprietary notices, legend or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Illuminations Lighting, Inc. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without express written permission from Illuminations Lighting, Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not gran you any licenses, express or implied, to the intellectual property of Illuminations Lighting, Inc. or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Illuminations Lighting, Inc. from our offices withing the U.S.A. If you access the Service from outside of the U.S.A., you are responsible for compliance with all local laws. You agree that you will not use the Illuminations Lighting, Inc. content accessed through www.binghamtonchristmaslights.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Illuminations Lighting, Inc., ifs officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violations of any terms of this Agreement, or your violations of any rights of a third party, or your defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Illuminations Lighting, Inc in asserting any available defenses.
Arbitration
In the event that the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law in in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration association, or similar arbitration service by selected by the parties, in a location mutually agreed upon by the parties,. The arbitrator’s award shall be final, and judgement may be entered upon in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretations and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provisions shall be determined by the Arbitrator. This arbitration provisions shall survive the terminations of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMES AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CPACITY, AND NOT A S PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCHAS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Illuminations Lighting, Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVILABLE THROUGHT THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ILLUMIATONS LIGHTING, INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND.OR CHANGES IN THE SITE AT ANY TIME.
ILLUMINATIONS LIGHTING INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVILABLITY, TIMELINESS, AND ACCURACEY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO EH MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORAMTION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDEWD “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KINDS. ILLIUMIATIONS LIGHTING, INC., AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORAMTION, SOFTWARE, PRODUCTS, SERIVCES, AND RELATED GRAPHICS, INCLUDED ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRIGEMENT.
Termination/Access Restrictions
Illuminations Lighting, Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the law of the State of New York, and you hereby consent to eh exclusive jurisdiction and venue of the courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms, including, without limitations, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Illuminations Lighting, Inc. as a result of this agreement or use of this Site. Illuminations Lighting, Inc’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement in in derogation of Illuminations Lighting, Inc’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Illuminations Lighting, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the use and Illuminations Lighting, Inc. with respect to the Site and it supersedes all prior or contemporaneous communication and proposals, whether electronic, oral or written, between the used and Illuminations Lighting, inc. with respect to the Site. A rived version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Illuminations Lighting, Inc. reserves the right, in its sole discretion, to change the Terms under which www.binghamtonchristmaslights.com is offered. The most current version of the Terms will supersede all previous versions. Illuminations Lighting, Inc. encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Illuminations Lighting, Inc. [email protected] (607) 237-1440
907 East Main Street Endicott, NY 13760
Effective as of January 1, 2024