Terms and Conditions
WWW.KAYLIGHTING.COM WEBSITE TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use are effective as of August 1, 2015. Kay Lighting ("KL", "we" or "us") welcomes you to our website www.KayLighting.com (the "Site"). KL provides the Site to you subject to the following terms of service and conditions of use ("Use Terms"), which provide the guidelines, rights and obligations under which KL permits users to access the Site, including all content and services contained on or offered through the Site. We may update these Use Terms from time to time without notice to you. You can review the most current version of the Use Terms at any time at: www.KayLighting.com /useterms/. You must be at least 18 years old to access the Site and use the Services. These Use Terms affect your legal rights and obligations, so please read these Use Terms carefully; if you do not agree to honor these Use Terms, do not access the Site or use the Services. 1. ACCEPTANCE OF TERMS By accessing, or using the Site, or other products or services of KL, or the content, services, features, or functionality, including any which may be jointly offered with other companies through our affiliate portal (collectively, the "Services"), you agree to be bound by these Use Terms. We may also offer Services in conjunction with other companies that are governed by different terms of service, and when using such Services, you and KL shall be subject to any additional posted guidelines or rules applicable to such Services (which themselves may be modified from time to time). In such cases the other terms of service will be posted on the relevant website and/or service to which they apply. All such additional guidelines or rules are hereby incorporated by reference into the Use Terms.
2. DESCRIPTION OF SITE
KL provides users with access to information regarding goods, including but not limited to lighting fixtures and home furnishings, which are for sale via the Site (the "Content"), and to the Services. You may now, and in the future, access the Site, the Content and the Services through any one of the various mediums or devices now known or which may hereafter be developed. You understand and agree that the Site may include advertisements and that these advertisements are a necessary tool for KL in order to be able to provide you with the Site, the Content and the Services. Please be aware that KL may create certain areas on the Site that contain adult or mature content. You must be at least 18 years of age to access and view such areas, and all such areas will require you to actively confirm that you meet such age requirements before permitting you access. You understand and agree that the Site is provided "AS IS" and that we assume no responsibility for the inability to access the Site, the Content or any Services, or the timeliness, deletion, mis-delivery or failure to store any of your communications, postings or personalization settings. You are responsible for obtaining access to the Site, and that access may involve third-party fees, such as Internet service provider fees, data charges, wireless fees or airtime charges. You understand and agree that you are responsible for all such charges and/or fees, including those associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site, the Content and the Services.
3. SITE UPDATES AND ENHANCEMENTS
Unless explicitly stated otherwise, any new features that augment or enhance the Site, including access to new Content or Services, whether offered by us or by our affiliates, will be offered subject to these Use Terms. . USER ACCOUNTS; REGISTRATION a. Users of Legal Age. Use of the Site and access to certain Content and Services requires you to obtain a user account name ("User ID") and password (together, a "User Account") through the Site. You agree when creating your User Account to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (the "User Information") and (b) maintain and promptly update the User Information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, not current or incomplete, or should we have reasonable grounds to suspect that any portion of the User Information is false, inaccurate, incomplete or not current, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) or Services. In order to be able to obtain a User Account, and in consideration of your use of the Site, you represent that you are of sufficient age within the jurisdiction in which you live to permit the legal formation of a binding contract, or if below such age, that are using the Site with the permission of your parent or legal guardian whose consent must be made of record at the time of registration and before you will be permitted to access the Site, view the Content or use the Services. You further represent that you are not a person barred from receiving the Site under the laws of the United States or other applicable jurisdiction. b. Users under the Legal Age. KL is committed to the safety and privacy of all of its users, particularly children. For this reason, parents or guardians of children under the age of 18 who wish to allow their children to have access to the Site must create an account for your child (a "Student Account"). When you create a Student Account for your child, you certify (i) that you are at least 18 years old, (ii) that you are the legal guardian of the child listed on the Student Account, and (iii) that you are giving your child permission to access all areas of the Site, including message boards and instant messaging (among others). Please remember that the Site is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any part of the Site, the Services and/or the Content is not appropriate for your child. c. Account Security. During the account registration process, you will receive a User ID and password; you are solely responsible for maintaining the confidentiality of the password and User Account and are fully responsible for all activities that occur under your password or User Account. To help protect yourself from unauthorized users accessing your account, you agree to (a) exit completely from your User Account at the end of each session, and (b) immediately notify us of any unauthorized use of your User ID, password or User Account or any other breach of security. KL cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements contained in this Section.