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LAST UPDATED: September 27, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR ENTERING THIS SITE. THIS AGREEMENT IS BETWEEN YOU AND LIGHTNING SOURCE LLC ("LSI", "US", or "WE"). UPON ENTERING THIS SITE, YOU HEREBY AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT ("TERMS") AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS WEB SITE AND ANY PROGRAMS, SERVICES, OR TOOLS MADE AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH (collectively referenced as the “Site”). IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THE SITE.
Any references to "User", "You", or "Your" refer to you or your institution or business and all its related affiliates, agents, or employees.
Use of Lightning Source LLC Site
The purpose of this Site is solely to permit you to transact business with LSI and for no other purposes. Without limitation, you shall not make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand. You agree that any use of this Site shall be used only to make legitimate use or purchases for you, or for another person for whom you are legally authorized to act. You agree to abide by the terms or conditions of purchase imposed by LSI including, but not limited to, payment of all amounts when due and compliance with all rules regarding availability of products or services. Any information provided in this Site in no way alters, modifies, or supersedes any other agreement between you and LSI or any of its affiliated companies.
This Site is for your commercial use and you may not modify, publish, license, create derivative works from, transfer, or sell any information, software, or services obtained from this Site. You may copy, distribute, transmit, display, and reproduce information from this Site for internal business purposes only. You agree to not download any file that you know, or reasonably should know, cannot be legally distributed via this Site.
This Site is controlled and operated by LSI from its offices in the United States. LSI makes no representation that materials in the Site or the products are appropriate or available for use in all locations. Access to them from countries or territories where content is illegal is prohibited. Those who access this site are responsible for compliance with all applicable laws.
1. Authority
By using our Site, you represent and warrant that you are at least eighteen (18) years of age or older, are fully able and competent, and possess the legal right to enter into these Website Terms of Use and have reviewed the Privacy Policy. You agree not to assign, transfer, or sublicense your rights pursuant to this Agreement and you may not allow other members of your household or business to use this Site under your USERID and PASSWORD. You hereby agree to pay any and all charges, fees, duties, taxes, and assessments that may be incurred and be responsible for all other aspects of the usage of your USERID and PASSWORD.
2. Your Account/ Registration and Security
Whenever you provide LSI with information on our Site, you agree to: (a) provide true, accurate, and complete information and (b) promptly update such information to keep it true, accurate, and complete. If you provide any information that causes LSI to suspect that the information is, untrue, inaccurate, or incomplete, LSI may without notice suspend or terminate your access to our Site and refuse any future use of our Site.
Your account information is accessible through the use of a USERID and PASSWORD assigned and/or controlled by you and the Site contains pricing, ordering, shipping, and other account information that is confidential to you. You are solely responsible for protecting your USERID and PASSWORD and hereby agree to accept all responsibility for any activity that occurs under your account with your USERID and PASSWORD. In addition, should any of your employees with access to this site leave your business/institution, you will be responsible for changing any PASSWORDS if you believe such a step is warranted. LSI is not responsible for any liability arising from any unauthorized use of this service (including without limitation from your business`/institution`s or from your failure to safeguard a PASSWORD from unauthorized use). Your PASSWORD and acceptance of these Terms and Conditions provides you with authorization to enter only your business`/institution`s account on this site, and you may not use the PASSWORD to gain access to any other accounts.
3. Modifications to Site or Terms
LSI reserves the right, from time to time to modify or discontinue, temporarily or permanently, the Site and any and all features and sections contained therein, with notice provided via posting to the Site, and immediately in the event of technical difficulties. LSI shall not be liable to any User or to any third party for any such modification, suspension or discontinuance. LSI may also, from timeto time, change or modify these Terms of Use without notice other than posting the amended Terms on the Site. The amended Terms will become effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes.
4. Copyright and Trademark Notices
All contents of this Site are: Copyright © 2015 Lightning Source LLC and/or its suppliers or other suppliers, 1246 Heil Quaker Blvd, LaVergne, Tennessee 37086-3629, U.S.A. All rights reserved. Your access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of LSI and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use on other pages or sites on the World Wide Web without the written permission of LSI or such third party which may own the Marks. All information, materials and content including any text, photographs, audio, video, illustrations and software programs made available by LSI on or through the Site ("Content") is protected by copyright and is the property of LSI and other parties.
5. Use of Information
The name, address, and payment information (if applicable) that you provide via this Site, together with information regarding the manner in which you use this Site, will not be processed or disclosed by LSI except as permitted by these terms of use or the Privacy Policy. By being a user of this Site, you agree that LSI may share with other parties aggregate information, individual information, and locator information gathered by LSI in the course of the USER`s continuing individual use of this Site. "Aggregate information" is information that describes the habits, usage patterns, and/or demographics of users as a group, but does not describe or reveal the identity of any particular user. "Individual information" is information about a user that is presented in a form distinguishable from information relating to other users, but not in a form that personally identifies any user or enables the recipient to communicate directly with any user. All rights not expressly granted to you in these Terms of Use or any other terms are reserved and retained by LSI, its licensors, suppliers, or publishers.
6. Links to Third Party Web sites
This Site may contain links and pointers to Internet sites maintained by third parties. LSI does not operate or control any aspect or information concerning the products or services on such third party sites. Third party links and pointers are included solely for the convenience of users, and do not constitute any endorsement by LSI and/or its suppliers. USER assumes sole responsibility for use of third party links and pointers.
7. Rates, Pricing, and Discounts
Rates and prices are not verified as accurate, and actual rates and prices may vary. The information supplied by this application is believed to be accurate, but LSI and/or its suppliers do not warrant or guarantee such accuracy. LSI and/or its suppliers do not authorize the use of this information for any other purposes, except for business use, and prohibit the resale, redistribution, and use of this information for commercial purposes.
8. Liability Disclaimer
THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LSI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LSI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL LSI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LSI AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS HAVE LIMITATIONS ON THE APPLICABILITY OF DISCLAIMERS OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnity
To the extent allowed by law, as a condition of use of this Site, You agree to indemnify LSI, its affiliates, and its suppliers from and against any and all liabilities, expenses (including attorneys` fees), and damages arising out of claims resulting from Your use of this Site, including without limitation any claims alleging facts that if true, would constitute a breach by You of these terms and conditions.
10. Governing Law and Venue
These Terms have been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Tennessee. You and LSI each agree to submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the Middle District in the State of Tennessee for any disputes between us under or arising out of Your use of this Site. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to Your use of this Site and acknowledge that either party may seek attorney's fees in any proceeding. Any claim You might have against LSI or its affilaites must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Site, provided, however, that in the event of a conflict between such other terms and these Terms, these Terms shall control.
11. Waiver, Joint Venture, Severability
No waiver by either party of any breach of any of the provisions of these Terms shall be deemed permission to disclose any preceding or succeeding disclosure of any Confidential Information or a waiver of any preceding or succeeding breach of the same or any other provisions hereof. The parties are independent contractors and do not intend that any agency, partnership, or joint venture relationship be created between them by these Terms. If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms will remain in full force.
12. COPYRIGHT INFRINGEMENT NOTICE.
f you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using this Claim of Copyright Infringement form. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
In order to evaluate your claim, the following information is required:
Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Lightning Source LLC
1246 Heil Quaker Blvd.
LaVergne, TN. 37086
ATTN: Copyright Agent
These Terms and Conditions constitute the entire agreement between You and US with respect to this Site. A printed version of these Terms and Conditions and of any notice given in electronic form will 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.
Contact Us
Please contact us at help@lightningsource.com with questions regarding this Site, or if You have legal concerns, contact us at legal@ingramcontent.com.
