LIMITATION OF LIABILITY
The foregoing limited warranty provides the buyer’s sole and exclusive remedy relating to seller’s products. Under no circumstances and notwithstanding the failure of essential purpose of any remedy set forth herein, seller shall not be liable for (A) any special, indirect, incidental, punitive or consequential damages, including, but not limited to, loss of profits, business revenues or savings, promotional and/or manufacturing expenses, overhead, injury to reputation and/or loss of customers, even if seller has been advised of the possibility of such damages or such damages are otherwise foreseeable, and regardless of whether a claim for any such liability is premised upon breach of contract, warranty, negligence, strict liability or other theory of liability; (B) any claims, demands, or actions against buyer by any third party; (C) any loss or claims, including claims for personal injuries or death, arising from the use or installation of seller’s products; (D) any loss or claims arising out of or in connection with buyer’s implementation of any advice, recommendations or instructions by seller based on, resulting from, arising out of or otherwise related to the products.
In the event that any of Seller's Products are mistakenly listed at an incorrect price, Seller reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Seller reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Seller shall issue a credit to your credit card account for the amount charged.
GOVERNING LAW AND JURISDICTION
The validity, interpretation, construction, and enforcement of this Agreement are governed by the laws of the State of Florida, excluding the laws of that jurisdiction pertaining to the resolution of conflicts with other laws of other jurisdictions. Buyer consents to the personal jurisdiction of the state and federal courts having jurisdiction over Hillsborough County, Florida, consents and agrees that the proper, exclusive, and convenient venue for every legal proceeding arising out of this Agreement is Hillsborough County, Florida, and waives any defense, whether asserted by motion or pleading, that Hillsborough County, Florida is an improper or inconvenient venue.
This Agreement records the final, complete, and exclusive expression of the understanding between the parties with respect to the matters addressed in it and supersedes any prior or contemporaneous agreement, representation, or understanding, oral or written, by either of them, including any written instruction manuals or other terms and conditions on Seller's website.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by AMP® Lighting without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
AMP® Lighting may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to AMP® Lighting.
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of AMP® Lighting products) shall be in the state or federal courts located in Hillsborough County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of AMP® Lighting products) must be commenced within one (1) year after the claim or cause of action arises. AMP® Lighting\'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. AMP® Lighting may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a AMP® Lighting or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
AMP® Lighting does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, AMP® Lighting is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, AMP® Lighting reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to AMP® Lighting in its sole discretion.
You agree to indemnify, defend, and hold harmless AMP® Lighting, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, AMP® Lighting may link to sites operated by third parties. However, even if the third party is affiliated with AMP® Lighting, AMP® Lighting has no control over these linked sites, all of which have separate privacy and data collection practices, independent of AMP® Lighting. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, AMP® Lighting seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of AMP® Lighting. The collective work includes works that are licensed to AMP® Lighting. Copyright 2003, 2014 AMP® Lighting, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with AMP® Lighting or purchasing AMP® Lighting products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with AMP® Lighting or to purchase AMP® Lighting products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by AMP® Lighting. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of AMP® Lighting used in the site are trademarks or registered trademarks of AMP® Lighting including AMP®, AMP® One, AMP® One Technology™, ControlPro™, Design-Master™, MagnumPro™, ConicaPro™, SummitPro™, Deck-Design Pro™, Safe-Step Pro™, InsetPro™, and SubterraPro™. The above list may not be inclusive of all trademarked names used in this website.
AMP® Lighting, aka ‘seller’ primary method of communication with the buyer will be done electronically through email. Buyer opts-in to future communication from the seller regarding products purchased, changes in service, news of new products and important information that may affect the buyers future use of existing products and/or services. Email opt-out can be done at anytime via the unsubscribe link found in every automated email delivered by AMP® Lighting or by calling customer service at 813-978-3900.
AMP® LIGHTING REWARDS IMPLICIT PROGRAM CONDITIONS
The AMP® LIGHTING Rewards Program applies only to products sold on www.AMPLIGHTING.com and that are listed as participating in the AMP® LIGHTING Rewards Program ("Qualifying Products"); or the performance of an activity designated by AMP® LIGHTING ("Qualifying Activity").
Eligibility: In order to receive the benefits of the AMP® LIGHTING Rewards Program You must be an existing AMP® LIGHTING account holder at www.AMPLIGHTING.com or You must visit www.AMPLIGHTING.com and create an AMP® LIGHTING account ("Membership"). Membership is open to all individuals that reside in the United States and Canada. Commercial customers and others purchasing items for resale are not eligible for Membership.
Qualifying Purchases: You will receive reward points based on the purchase of a Qualifying Product or the performance of a Qualifying Activity ("Rewards"). The amount of Rewards You can earn on the purchase of a Qualifying Product or performance of a Qualifying Activity will be determined by AMP® LIGHTING. The Rewards You can earn upon the purchase of a Qualifying Product will be displayed by the price for such Qualifying Product or, in some instances, through a promotion of such Qualifying Product(s). Points you can earn from the performance of a Qualifying Activity will be displayed in the promotional announcement and/or materials of the Qualifying Activity. AMP® LIGHTING has the right to make the final decision on whether a purchase or performance qualifies for Rewards.
You must be logged into Your AMP® LIGHTING account on the www.AMPLIGHTING.com website, in order to earn Rewards from purchasing Qualifying Products. You do not have to be logged into your AMP® LIGHTING account in order to earn Rewards from the performance of a Qualifying Activity.
Rewards may be redeemed 1) on future purchases of AMP® LIGHTING products on AMPLIGHTING.com in the form of a discount on such future purchase; or 2) may be used to purchase certain AMP® LIGHTING products offered from time to time by AMP® LIGHTING in exchange for Rewards.
No Rewards will be earned on Qualifying Product(s) purchased with Rewards. AMP® LIGHTING will post earned Rewards to Your account within thirty (30) days from the purchase of a Qualifying Product or the performance of a Qualifying Activity. Rewards may only be redeemed after such Rewards are posted to Your account.
Cash Value: AMP® LIGHTING Rewards have no cash value and cannot be converted to or redeemed for cash, either directly or indirectly. Tax, shipping & handling and any other charges other than the purchase price of the Qualifying Product are not eligible for Rewards points. Shipping and handling charges apply to all products, including items purchased with Your Rewards.
Non-Transferable: Points are not transferable and may not be combined with Rewards from other AMP® LIGHTING Rewards Program Members or conveyed by any means to anyone, including through a Member’s estate, and may not pass to Members’ successors and assigns. Accrued points do not constitute property of the Member. Accrued points are not transferable by the Member (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise.
Returns: Any return of a Qualifying Product purchased with Rewards will consider the value of the Rewards redeemed for such product, which may result in a reduction of any amounts owed to You for such return. Any discount or price adjustment, including but not limited to an adjustment resulting from a price match inquiry, may result in the value of the Rewards for this item being reduced by the amount of the price adjustment or eliminated entirely, at Our sole discretion.
Reward Notifications: As part of the AMP® LIGHTING Rewards Program, you may receive print/electronic Rewards Statements, AMP® LIGHTING Reward Program updates and other related materials at the discretion of AMP® LIGHTING. AMP® LIGHTING reserves the right to cease providing AMP® LIGHTING Reward Program updates and related materials to You.
Account Activity/Customer Support: You can view Your account activity online at www.AMPLIGHTING.com. For information about an individual account or any other AMP® LIGHTING Reward Program-related questions or information contact AMP® LIGHTING, Customer Support by mail at: 15486 N. Nebraska Ave. Lutz, FL 33549or by email at customersupport@AMPLIGHTING.COM.
To the extent provided by law, AMP® LIGHTING reserves the right to make Rewards and promotional offers available to select AMP® LIGHTING account holders based on purchase activity, geographic location, AMP® LIGHTING Rewards Program participation, or information supplied by You.
AMP® LIGHTING reserves the right to close your account at any time if there is no account activity for a period of two (2) years, which will result in the forfeiture of any and all accumulated Rewards. For the purposes of these Terms and Conditions, "account activity" shall mean any purchases, downloading content, uploading content, or logging on. AMP® LIGHTING shall reasonably determine if an account is inactive at its sole and absolute discretion.
We may terminate the AMP® LIGHTING Rewards Program and/or your Membership at any time at Our discretion. If We do so without cause, we will provide you with at least ninety (90) days to redeem any Rewards you have earned prior to any termination of your Membership or the AMP® LIGHTING Rewards Program.
Abuse of the AMP® LIGHTING Rewards Program by failing to follow these Terms and Conditions, conducting any fraudulent or illegal activities, purchasing products with the intent to resell, "hacking", misrepresenting or falsifying any facts presented to AMP® LIGHTING, participating in any activity disparaging to or not in the best interest of AMP® LIGHTING or other AMP® LIGHTING account holders, or conducting any other improper conduct as determined by AMP® LIGHTING in its sole judgment, may result in immediate cancellation of your Membership and future disqualification from AMP® LIGHTING Rewards Program or participation in other AMP® LIGHTING promotional programs, forfeiture of all Rewards accrued, cancellation of previously issued but unused Rewards, and termination of the business relationship with AMP® LIGHTING. In connection with the enforcement of any of the Terms and Conditions governing the AMP® LIGHTING Reward Program, AMP® LIGHTING reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys’ fees and court costs.
Our failure to insist upon or enforce Your strict compliance with these Terms and Conditions will not constitute a waiver of any of Our rights.
Tax Responsibility: Taxes may apply where required by law. You shall be responsible for any taxes that you may incur for receiving and/or redeeming Rewards.
All determinations by AMP® LIGHTING shall be final and conclusive in each case.