Terms and Conditions of Use
Welcome to www.finallybulbs.com. Please review these Terms and Conditions of Use (these “Terms”) before using this Site.
The terms “we,” “us,” “our,” and “Lucidity Lights” refer to Lucidity Lights, Inc. “You” and “your” refers to you, as a user of this Site. “Site” refers to www.finallybulbs.com and all webpages contained within the finallybulbs.com domain. By accessing or using this Site, you understand and agree: (1) to accept, comply with, and be bound by these Terms, which may be updated by us from time to time; (2) you have the right, authority and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of this Site, and (4) you are over 18 years of age. If you do not agree to these Terms, please do not use this Site.
This Site and all materials, including without limitation, images, photographs, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, logos, interfaces, specifications, catalogs, advertisements, titles, names, and any other information provided on this Site (collectively, the “Content”) are the property of Lucidity Lights and/or a third party. This Site as a whole and all Content provided on this Site are protected by copyright, patent, trademark and other proprietary rights laws of the United States, as well as international treaties, conventions, and the laws of other countries, as applicable. You agree to comply with all such laws, treaties and conventions.
Access and Use of Site
Lucidity Lights grants you a limited, revocable, non-exclusive and non-transferable license to access and use this Site solely for your personal and non-commercial purposes, except as otherwise expressly permitted by us in writing. You agree to only access or use this Site for legal purposes and as allowed by these Terms. International users must also agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content. You agree not to:
• Modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, frame, use, transfer or sell any information, software products, services or Content provided through or obtained from this Site;
• Hack into this Site or modify another website so as to falsely imply that it is associated or affiliated with this Site;
• Damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of this Site;
• Violate any applicable laws, rules or regulations in any jurisdiction (including but not limited to trademark, copyright and other intellectual property laws); or
• Access or attempt to access any password-protected, secure or non-public areas of this Site without the express written permission of Lucidity Lights.
Terms of Sale
By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are over 18 years of age, and (iii) representing that all of the information you provide to us in connection with such order is true and accurate and that you are an authorized user of the payment method provided. We currently only offer shipping within the United States (all 50 states and DC) and Puerto Rico. To place an order, both your billing and shipping addresses must be within the United States and Puerto Rico.
Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us or our designee, for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price.
We reserve the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products are available while supplies last. All prices and products advertised are subject to change.
Charges will appear on your credit card as “Finally Light Bulbs.”
Your credit card will not be charged until your order has been shipped. We will notify you when your pre-ordered Finally™ Bulb(s) is/are shipped. Orders will ship in the order that they are placed, i.e., oldest orders are shipped first. You may change or cancel your pre-order at any time before shipment notification.
Please note that the authorization for your pre-order usually expires in seven days for Visa, or 30 days for MasterCard, American Express, and Discover cards. For items that are due to arrive in more than 30 days, we may need to obtain another authorization from your credit card company. Your credit card is charged only at the time we ship the product.
If you are paying with your debit card, please note that your bank places a hold on your account for the amount of the purchase. If your pre-order has not shipped within the allotted authorization time frame (7 days for Visa and 30 days for MasterCard, American Express and Discover), we may need to obtain another authorization from your debit card company. Debited funds are only paid to us when your order ships.
Please be aware that bank policies and procedures vary. If you experience any delays or errors regarding the availability of funds in your bank account, please direct your questions to the bank.
We reserve the right to cancel any orders for any reason at any time. If we need to cancel an order we will notify you via e-mail and your credit card will not be charged. If you used a debit card, please be aware that although we do not charge your card until the order ships, banks place a reserve against your bank account when your order is placed. If you used a debit card and your order was cancelled, it is your bank’s responsibility to release the reserve against your account. Bank policies and procedures vary with regard to releasing a reserve on funds. Any questions about releasing funds should be directed to your bank.
We are under no obligation to obtain permission or acknowledgment prior to such cancellation.
We reserve the right to change our prices at any time. You will always receive the lowest price quoted on FinallyBulbs.com between the time you place your pre-order and the date the Finally™ Bulb is released to the public.
You can return your Finally™ Bulbs within 30 days of delivery for full credit, less shipping and handling charges. The returned Bulb(s) must be in resaleable condition and include original packaging.
We package our Finally™ Bulbs with the utmost care. However, in the unlikely event your Finally™ Bulbs are damaged in transit, we will gladly arrange for replacement at no charge and no extra shipping costs. In order for a damage claim to be successful, you must notify our customer service team at 1-855-OWN-BULBS or firstname.lastname@example.org within five business days from date of receipt of the damaged product.
Links to Other Websites
These Terms apply only to this Site and not to any third-party websites. We may provide links to other websites that we believe may be of interest to users of this Site. If you decide to visit any linked website, you do so at your own risk. We cannot guarantee the standards of every website to which we provide a link, or be responsible for the terms or use or the policies and procedures of such third-party websites or for the content, information, goods or services available through such websites. We encourage you to read the terms and conditions of use of those other websites. We are not responsible for the content of linked websites or the use of those websites.
Information Submitted by You
Lucidity Lights does not want to receive through this Site any information or materials you consider confidential or proprietary. By submitting any such information or materials to us, you grant, and you represent and warrant that you have the right to grant, to Lucidity Lights, its affiliates, agents and licensees, and their respective successors and assigns, an irrevocable, perpetual, non-exclusive, fully paid up, royalty-free, worldwide license to use, copy, perform, publish, display, reproduce, distribute, disclose, prepare derivative works of, enhance, incorporate into other works, or otherwise exploit such information and materials, for any purpose and without restriction and without providing any attribution or compensation to you, with the right to further sublicense such rights. Any such information will not be treated as confidential information.
We reserve the right to change these Terms at any time and without prior notice to you. When we do make any changes, we will post them on this Site and we will indicate at the bottom of these Terms the new effective date of these Terms. Your continued use of this Site after changes to these Terms have been posted will be considered your acceptance of those changes.
You agree to indemnify, defend and hold harmless Lucidity Lights and its directors, officers, equity holders, partners, employees, contractors, and agents and their respective affiliates, successors and assigns from and against any liability, loss, claim and expense, including reasonable attorneys’ fees, arising out of or relating to your failure to comply with these Terms or your use of this Site. We reserve the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.
LUCIDITY LIGHTS DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS SITE WILL BE ERROR-FREE, ACCURATE OR COMPLETE. THIS SITE AND THE CONTENT ON THIS SITE ARE MADE AVAILABLE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THIS SITE AND ANY LINKED WEBSITE AND RELIANCE ON ANY INFORMATION OR OTHER CONTENT PROVIDED ON THIS SITE OR ANY LINKED WEBSITE IS AT YOUR OWN RISK. ALL INFORMATION PROVIDED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE MAY ALSO MAKE CHANGES IN THE PRODUCTS, SERVICES, PROGRAMS OR RELATIONSHIPS DESCRIBED ON THIS SITE AT ANY TIME WITHOUT NOTICE. LUCIDITY LIGHTS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST LUCIDITY LIGHTS RELATING TO YOUR USE OF THIS SITE SHALL BE TO DISCONTINUE USE OF THIS SITE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL LUCIDITY LIGHTS OR ITS AFFILIATES OR THEIR RESPECTIVE AGENTS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO YOUR ACCESS TO OR USE OF THIS SITE, OR ANY LINKED WEBSITE, OR THE INFORMATION THEY CONTAIN (INCLUDING THE CONTENT), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that the laws of the United States and the Commonwealth of Massachusetts, without regard to the conflicts of laws principles thereof, will govern these Terms, and any dispute that may arise between you and Lucidity Lights or its affiliates, or any of their respective successors and assigns. You hereby consent to the exclusive jurisdiction and venue of the courts of the Commonwealth of Massachusetts, U.S.A., for all disputes arising out of or relating to accessing or using the Site.
If any portion of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, such provision[s] shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
Acandescent, Acandescence, Finally, Finally Light Bulbs, Finally Light Bulb Company, Lucidity Lights and all related names, logos, product and service names, designs and slogans are trademarks of Lucidity Lights or one of its affiliates or licensors. Such marks cannot be used without the prior written permission of Lucidity Lights. All other names, brands and marks mentioned on this Site are the property of their respective owners.
Copyright to this Site is owned by Lucidity Lights. All materials on this Site are owned or licensed by Lucidity Lights or our affiliates. No reproduction, distribution, or transmission of the copyrighted materials on this Site is permitted without our written permission. Any rights not expressly granted herein are reserved by Lucidity Lights.
Pursuant to Title 17, United States Code, Section 512 (the “Digital Millennium Copyright Act”), notifications of claimed copyright infringement should be sent to Lucidity Lights at the address below:
Lucidity Lights, Inc.
56 Roland St, Suite 309
Charlestown, Massachusetts 02129
These Terms are effective as of March 24, 2014.