TERMS AND CONDITIONS OF USE

Last modified: 4/7/2015

Welcome to Orion Energy Systems, Inc. Website offered by Orion Energy Systems, Inc. (hereinafter referred to as the “Provider”).  By using the Provider’s websites, content, and tools (including www.orionlighting.com and any related sites, content, and tools) (hereinafter referred to as the “Web Content”), the user agrees to the following Terms and Conditions of Use (“Terms”) with the Provider.  In addition, each user agrees to any additional guidelines or rules posted on the Web Content, all of which are incorporated herein by reference.

The Provider reserves the right at any time to:

  • change these Terms;
  • change the Web Content, including eliminating or discontinuing any content on or feature of the Web Content; or
  • change any fees or charges for use of the Web Content.

Any such changes will be effective immediately upon notice, which may be provided to users by any means including, without limitation, posting a revised version of these Terms on the Web Content.  A user’s continued use of the Web Content after such notice will be deemed acceptance of such change.  Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.

SECURITY AND PRIVACY POLICY

Information provided by users through the Web Content is used only as described in the Privacy Policy, the entire contents of which are incorporated herein by reference.  For more information, please see the full Privacy Policy.

CONTENT

Content included in the Web Content provided by Provider is hereinafter referred to as “Provider Content.”  Provider makes no warranty that the Web Content is up-to-date or accurate.  As between any user and the Provider, Provider Content is owned by the Provider including any intellectual property rights associated with such Provider Content and may not be used without the express written permission of the Provider.

Data or content provided to the Provider by a user through use of the Web Content (including but not limited to credentials, financial information, survey responses, reviews, and order forms) will be used by the Provider as specified in the Privacy Policy.

A user may post content to the Web Content (“User Content”).  As between the user and the Provider, the user from whom the User Content originates owns the User Content including any intellectual property rights associated with such User Content.  However, each user grants the Provider a worldwide, royalty-free, non-exclusive, and fully-sub-licensable (through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or in part) and/or to incorporate such User Content into other works in any form, media, or technology now known or later developed.

Each user is entirely responsible for all User Content they provide to the Provider for use with the Web Content, subject only to the Provider’s responsibility under the Privacy Policy.  The Provider does not control any User Content posted to the Web Content and, as such, does not guarantee the accuracy, integrity, or quality of any User Content.  Each user understands that by using the Web Content they may be exposed to User Content that is offensive, indecent, or objectionable.  Under no circumstances will the Provider be liable in any way for any User Content, including but not limited to, liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content made available through the Web Content.  Each user agrees that they must evaluate and bear all risks associated with the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.

Each user acknowledges that the Provider does not pre-screen User Content, but that the Provider and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available through the Web Content.  Without limiting the foregoing, the Provider and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable.

Each user acknowledges and agrees that the Provider may preserve User Content and may also disclose User Content according to the terms of the Privacy Policy.  Each user understands that the technical processing and transmission of the Web Content, including User Content, may involve (a) transmission over various network and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

The Provider respects rights granted under copyright law to copyright holders.  Title II of the Digital Millennium Copyright Act (“DMCA”) creates limitations on the liability of online service providers for copyright infringement when engaging in certain types of activities.  The Provider is a “service provider” as defined under the DMCA.  Therefore, if the Provider receives proper notification of claimed infringement as required under Title II of the DMCA, the Provider will expeditiously take down or block access to the User Content or Provider Content as required under Title II of the DMCA.

LINKS

The Web Content may provide links to other sites or resources (hereinafter referred to as “Linked Content”) as part of Provider Content or User Content.  Because the Provider has no control over Linked Content, all users of the Web Content acknowledge and agree that the Provider is not responsible for the availability of Linked Content and the Provider does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available through Linked Content.  Users of the Web Content also acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Linked Content.

GENERAL RESTRICTIONS OF USE

No user will:

  • violate any laws or third party rights through use of the Web Content;
  • use the Web Content if they are not a resident of the United States, are under 18 years old, are unable to form legally binding contracts, or are temporarily or indefinitely suspended from using the Web Content;
  • fail to deliver deposits or payment for items purchased through the Web Content;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information provided for registration) through the Web Content;
  • copy, modify, or distribute content from the Web Content in violation of the intellectual property rights of the Provider or other users;
  • harvest or otherwise collect information about users of the Web Content, including email addresses, without their consent;
  • take any action that imposes or may impose (in the Provider’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Web Content;
  • use any robot, spider, scraper or other automated means to access the Web Content for any purpose without the express hand written permission of the Provider;
  • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes through the Web Content;
  • distribute viruses or any other technologies through the Web Content that may harm the Web Content or the interests or property of other users;
  • interfere or attempt to interfere with the proper working of the Web Content or any activities conducted on or with the Web Content Web Content; or
  • bypass or attempt to bypass any measures taken by the Provider to prevent or restrict access to any part of the Web Content;

or encourage another to do the same.

ABUSE OF THE WEB CONTENT

All users of the Web Content are encouraged to report any problems, offensive consent, and policy violations to the Provider.  The Provider will, at its own discretion, take action to investigate any reported problems, offensive consent, and policy violations.

TERMINATION

Each user agrees that the Provider, in its sole discretion, may suspend or terminate a user access and use the Web Content, remove and discard any User Content provided by the user, and prevent the user from further accessing or using the Web CONTENT INDEFINITELY or an amount of time decided by the Provider at its sole discretion for any reason.

DISCLAIMER OF WARRANTIES AND LIABILITIES

The Web CONTENT AND any Provider and User Content are provided on an “as-is” and “as available” basis.  To the fullest extent permitted by law and except for those warranties or representatives expressly provided in writing above, if any, the Provider disclaims all warranties, express or implied, including but not limited to all warranties of merchantability, fitness for a particular purpose, title and non-infringement.  The Provider does not warrant that the Web CONTENT WILL be uninterrupted or error-free, that defects, if any, will be corrected, or that the Web CONTENT IS free of viruses or other harmful components; nor does the Provider make any representations or warranties about the accuracy, reliability, currency, quality, performance, or suitability of the Web Content or any Provider or User Content available on the Web Content.  In the event of any problem with the Web Content or any Provider or User Content, the sole remedy for any user is to cease using the Web Content.  also, in consideration for the provider making the Web Content ACCESSIBLE TO USERS, INCLUDING YOU, each user of the website agrees that it will not hold the provider responsible for any USER content, LINKED content, USER actions, or USER inactions associated with the website.

LIMITATION OF LIABILITY

Each user of the Web Content agrees that the Provider will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if the Provider had been advised of the possibility of such damages, resulting from (i) the use or the inability to use the Web Content; (2) the cost of procurement of substitute goods and services resulting from any use or inability to use the Web Content; (iii) unauthorized access to or alteration of transmission or data except as provided for under the Privacy Policy; or (iv) any statements or conduct of any third party on the Web Content.

Notwithstanding the previous paragraph, if the Provider is found liable, the Provider’s liability to any user or third party is limited to the greater of (i) the total charges the user paid to the Provider in the 12 months prior to the action giving rise to the liability or (ii) $250.

INDEMNITY

Notwithstanding the above provisions, each user of the Web Content agrees to indemnify and hold harmless the Provider and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any User Content or any use by any user of the Web Content (whether or not in violation of these Terms).

GENERAL TERMS

If any provision of these Terms is held invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

The Provider may, at its sole discretion, assign these Terms and will provide written notice of such assignment by posting a notice on the Web Content.

The Provider’s failure to act with respect to a breach of these Terms does not waive the Provider’s right to act with respect to subsequent or similar breaches.  The Provider does not guarantee it will take action against all breaches of these Terms.

The Provider may amend these Terms at any time without prior notice by posting the amended terms on the Web Content.  Except as expressly stated within any posted amended terms, all amended terms shall be automatically effective once the revised terms have been posted on the Web Content.  These Terms may not be otherwise amended except in writing hand signed by an authorized representative of the Provider and a user of the Web Content.  For purposes of this provision only, a “writing” does not include an email message and a signature does not include an electronic signature.

These Terms set forth the entire agreement between the Provider and each user of the Web Content and supersede all prior agreements, discussions, representations, and warranties.

Unless otherwise prohibited by applicable law, the use of the Web Content under these Terms is governed by and will be construed in accordance with the internal laws of the Statue of Wisconsin, without regard to any conflict of law rules.  The venue for litigation arising from or relating to these Terms shall be the United States District Court for the Eastern District of Wisconsin.