Terms of Use

This website ("Web Site") is offered to you by The Connected Lighting Alliance.
The following Terms of Use govern your access and use of this Web Site. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Web Site (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site (“Content”) or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

1. ACCEPTANCE OF TERMS OF USE
By accessing or using this Web Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site.

2. MODIFICATION OF TERMS
These Terms of Use may be amended by The Connected Lighting Alliance at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Web Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. The Connected Lighting Alliance reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice. The Connected Lighting Alliance reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

3. PRIVACY POLICY
Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with The Connected Lighting Alliance' Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted on this Web Site.

4. DISCLAIMERS
ALL CONTENT AND USER CONTENT (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE". THE CONNECTED LIGHTING ALLIANCE HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE, THE CONTENT OR USER CONTENT. The Connected Lighting Alliance does not warrant or make any representation that
(i) the Web Site will meet your requirements,
(ii) the Web Site will be uninterrupted, timely, secure, or error free, or
(iii) the results that may be obtained from the use of the Web Site (including any information and materials on this Web Site) will be correct, complete, accurate, reliable, or otherwise meet your requirements.
The Connected Lighting Alliance shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Web Site or the services which make this Web Site available or electronic communications sent by The Connected Lighting Alliance are free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of this Web Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

5. REGISTRATION
Accessing certain areas of the Web Site and using certain functions or features of the Web Site may require you to register. When you register, you must choose a unique user name or "handle" and password and you must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. You will promptly update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your username or delete your submitted content to the Web Site or refuse or cancel your registration if you choose a user name that, in our sole discretion, is obscene, indecent, abusive or otherwise improper. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us immediately by e-mail. We may, at our own discretion, bar registration from any specific e-mail service or ISP.

6. CONTRIBUTOR
By submitting any Content to the Web Site, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (1) may be defamatory or injurious to another person or entity,
(2) may cause harm to any person or property or otherwise defame or harass any person or organization,
(3) may violate any legal rights of any person (including right to privacy or publicity),
(4) are pornographic, obscene, profane, vulgar, indecent, or threatening,
(5) are culturally, ethnically, or otherwise objectionable, or
(6) suggest or encourage any illegal activity.
You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material. You also shall not transmit chain letters, pyramid schemes, surveys and solicitations through the Web Site. You shall also not forge headers or manipulate identities or other data in order to disguise the origin of any Content transmitted through our Web Site or to manipulate your presence on the Web Site. You shall not interfere with or disrupt our sites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
You affirm, represent and warrant that the Content submitted to the Web Site does not infringe any proprietary right of another, such as but not limited to copyright, trademark or patent, or any confidentiality obligation.
You acknowledge and agree that any of your ideas, submissions or discussions or any other Content provided by you within the Web Site that is not the subject of intellectual property right protection may be used by any other contributor without compensation or attribution.
You shall be solely responsible for your own Content and the consequences of posting submitting and/or publishing it. The Connected Lighting Alliance may, but is not obligated to, review and monitor, before and/or after submitting Content. However, you acknowledge that it is impossible for us to monitor or review all Content. Without limitation, The Connected Lighting Alliance will not and cannot be held responsible for the accuracy, completeness, quality or validity of Content posted by third parties on the Web Site.
The Connected Lighting Alliance has the sole right and ability to edit and/or remove messages or any other Content which are objectionable, improper or otherwise in breach of these Terms of Use for any reason at any time without notice or consent and at its sole discretion. Any user who believes that submitted Content is objectionable or improper is encouraged to contact the The Connected Lighting Alliance immediately by e-mail at secgen@talq-consortium.org. Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular Content immediately.

7. INDEMNITY
You agree to indemnify and hold The Connected Lighting Alliance and its affiliates, officers, directors, agents, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Website (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.

8. INTELLECTUAL PROPERTY RIGHTS
Except as expressly authorized by The Connected Lighting Alliance or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software The Connected Lighting Alliance discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
" The Connected Lighting Alliance Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations The Connected Lighting Alliance uses in connection with its products and services. You agree to comply with the The Connected Lighting Alliance Trademark and Logo Usage Requirements. You may not remove or alter any The Connected Lighting Alliance Trademarks, or co-brand your own products or material with The Connected Lighting Alliance Trademarks, without The Connected Lighting Alliance's prior written consent. You acknowledge The Connected Lighting Alliance's rights in The Connected Lighting Alliance Trademarks and agree that any use of The Connected Lighting Alliance Trademarks by You shall inure to The Connected Lighting Alliance's sole benefit. You agree not to incorporate any The Connected Lighting Alliance Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by The Connected Lighting Alliance on this Website provided that:
(a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content;
(b) the use of such Content is solely for personal and non-commercial use;
(c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and
(d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section 10.4. Upon termination, You must immediately destroy any downloaded and/or printed Content.

9. LIMITATION OF LIABILITY
9.1 TO THE FULL EXTENT PERMITTED BY LAW, The Connected Lighting Alliance IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF The Connected Lighting Alliance HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO:
(a) THE USE OF OR THE INABILITY TO USE THE WEBSITE;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR
(d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
9.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

10. GENERAL TERMS
10.1 The Terms constitute the entire agreement between You and The Connected Lighting Alliance relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized The Connected Lighting Alliance representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use The Connected Lighting Alliance or third-party products or services.
10.2 You agree that any material breach of the Terms will result in irreparable harm to The Connected Lighting Alliance for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, The Connected Lighting Alliance will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if The Connected Lighting Alliance seeks such an injunction.
10.3 Delaware law and controlling U.S. federal law govern any action related to the Terms and/or Your use of the Website. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and The Connected Lighting Alliance agree to submit to the personal and exclusive jurisdiction of the courts located within Delaware, U.S.A.
10.4 Content and product derived or obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall:
(a) obtain any export, reexport, or import authorizations required by U.S. or your local laws;
(b) not use Content or direct product from this Website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and
(c) not provide Content or direct product from this Website to prohibited countries and entities identified in the U.S. export regulations.
10.5 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
10.6 The Website may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may include statements regarding market expectations and opportunities. These forward-looking statements are just predictions and involve risks and uncertainties.
10.7 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.