Last Updated: January 1, 2018
TERMS OF SALE
Nothing on this site constitutes an offer, but an invitation by you to make an offer to purchase products through the site. All orders are subject to acceptance by Litezilla™. Resale of products or services purchased through this site is expressly prohibited. In addition, there may be certain orders that we cannot accept and must cancel. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason, including without limitation the following:
• Limitations on our ability to accept orders for shipment to addresses outside the United States
• Limitations on quantities available for purchase
• Inaccuracies or errors in product descriptions, images, or pricing information
• Problems identified by credit and fraud avoidance services
We may also require additional verifications, approvals or other information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Payment must be made by credit or debit card. Payment by credit or debit card is subject to the approval of the card issuer, and Litezilla™ will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason. We may also have enabled payment through PayPal, which is subject to all PayPal terms and conditions and Amazon payments, which is subject to all Amazon terms and conditions.
If you wish to cancel your order, you may do so for a full refund as long as we did not begin production of it in our workshop. If production has begun, a refund will be provided minus any shop time or materials already spent on the production of your Litezilla™.
If you wish to cancel or change an order, please call or email our Customer Service Department at [email protected] to see whether we can change, cancel or correct the order before it is completed.
THE FOREGOING WARRANTY IS THE ENTIRE AND EXCLUSIVE WARRANTY REGARDING ANY ITEMS AVAILABLE ON THE SITE AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER. EXCEPT AS PROVIDED HEREIN, LITEZILLA™ MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ITEMS BEING SOLD, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LITEZILLA™, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY, AND NO SUCH PERSONS HAVE AUTHORITY TO MODIFY ANY ASPECT OF ANY WARRANTY OR CREATE ANY OTHER WARRANTIES.
Sales, use, and similar taxes will be charged to you by Litezilla™ to the extent required by law.
TITLE AND RISK OF LOSS
Title to products will pass to you when you receive the products, unless such products contain any embedded software. Use of any embedded software may be subject to license restrictions imposed by the owner and licensor of such software and title to any embedded software within any product remains with the owner and licensor of such software. Litezilla™ will bear the risk of loss or damage to the products during shipment to you.
If your order is incomplete upon delivery, please notify us immediately. Any claims for order shortages must be submitted to Litezilla™ within five business days of your receipt of the shipment.
Effective Date: December 4, 2015
POLICY MODIFICATIONS AND AMENDMENTS
We reserve the right to modify or amend these Terms at any time. All changes will be effective immediately upon posting to this website. Material changes will be conspicuously posted on this website. By accessing or using this website after such changes are posted you agree and consent to all such changes. Online modifications and amendments supersede any printed version/copy of these policies, terms and conditions.
We grant visitors permission to download and print information from this website and otherwise use this website solely for their internal or personal use. Other uses, copying, modifying, mirroring, framing, distributing, publishing, republishing, or transmitting of any content or materials is prohibited without our written permission.
Information and content displayed on this website, including product availability and prices, may change without notice. We reserve the right to modify such information and content without any obligation to notify past or current users. We make no representations that the information or content are appropriate or available for use or access in any particular state or country besides the United States. When accessing this website you are solely responsible for compliance with the laws of the state or country in which you live.
All offers on this website are void where prohibited. Some products or services may not be available in certain areas.
If you make a purchase from us, you will have the option to set up an account to access certain information about your use of this website (“Account”), such as your order history. You acknowledge and agree that you do not have any ownership or other property interest in your Account. Your Account and all rights in your Account are owned by Litezilla™. However, subject to your compliance with these terms, you are allowed to use your Account as set forth in these Terms. You may not sell, transfer, license or assign your Account, username, or any Account rights to anyone.
You are responsible for any activity that occurs through your Account. You are solely responsible for all transactions and activities undertaken by anyone utilizing your Account. This includes any and all purchases, authorized or unauthorized.
You are responsible for keeping your password secret and secure and must immediately notify Litezilla™ of any suspected unauthorized transactions associated with your Account or any other breach of security.
INTELLECTUAL PROPERTY RIGHTS
© Copyright 2015 Litezilla™, LLC. All rights reserved.
All content on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, and the compilation of such content is the property of Litezilla™ or our suppliers and is protected by United States and international copyright laws.
The graphics, logos, page headers, button icons and service names appearing on this website are also distinctive and protected trademarks or trade dress of Litezilla™ or our affiliates. This website may also contain various third-party names and marks that are the property of their respective owners.
Any unauthorized use of Litezilla’s marks, or any other intellectual property, is strictly prohibited and may be prosecuted to the fullest extent that the law provides.
Litezilla™ will provide you with the opportunity to post comments and product reviews on the website. All users of this website must follow the below guidelines and rules, as well as any additional terms posted as applicable to such forums:
1. You must maintain a polite, pleasant environment. You may not submit content to harass, abuse, intimidate or threaten others.
2. You must ensure that all content is appropriate. Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.
3. You may not send any commercial solicitations, or engage in, facilitate or encourage any illegal activities.
4. Your content must be original to you or you must otherwise have the right and license to use and submit your content.
5. You may not submit content that interferes with or disrupts the website, such as by engaging in excessive usage, launching denial of service attacks, or uploading or transmitting viruses or other malicious code.
You and other users of the Litezilla™ interactive areas are solely responsible for the contents and consequences of the messages you communicate or post on this website. You should exercise the utmost discretion before posting any personal information on this website.
Although Litezilla™ is not obligated to monitor content or the accuracy of information, you agree that Litezilla™, in its sole discretion, has the right to monitor, without notice, any content or information posted on this website. Litezilla™ also reserves the right, in its sole and absolute discretion, to prohibit any conduct or remove any content, without notice, for any reason.
You understand and agree that: (1) Litezilla™ assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any interactive area on the website by you or by any other users or third parties and (2) Litezilla™ is a publisher of any submitted content, and is acting solely as an Internet Service Provider as that term is defined in the Digital Millennium Copyright Act.
NO WEBSITE WARRANTY
THIS WEBSITE IS PROVIDED BY LITEZILLA™ ON AN “AS IS” BASIS. NO WARRANTY IS OFFERED OR IMPLIED. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THIS WEBSITE, AND TO ANY INFORMATION AVAILABLE ON THIS WEBSITE. THIS INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THIS WEBSITE, OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THIS WEBSITE, OR THAT ANY INFORMATION WILL MEET ANY OF YOUR REQUIREMENTS. WE MAKE NO WARRANTY THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS.
You acknowledge and agree that your use of this website and any information or content available through the website is at your discretion and risk. You are solely responsible for any damage to your computer system or loss of data that may result from your use of the Internet or your access or use of the website.
No advice or information, whether written or oral, obtained from us or from this website creates any warranty.
IN NO EVENT WILL LITEZILLA™ OR ANY OF ITS OFFICERS, AFFILIATES, DIRECTORS, ADVISORS, MEMBERS, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES: (1) FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION; OR (2) ARISING OUT OF OR IN ANY WAY RELATED TO A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY LINKED SITE, B) ANY INFORMATION OBTAINED THROUGH THIS WEBSITE, C) FOR THE INABILITY TO USE THE WEBSITE, OR D) OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE. THIS LIMITATION APPLIES WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations may not apply to you.
You agree to indemnify, defend and hold harmless Litezilla™, our affiliates, and their respective officers, directors, advisors, members, representatives, and agents from any and all losses, expenses, third-party claims, liability, damages, costs, and attorneys’ fees arising from or incurred as a result of your misuse of this website, or the violation of this Agreement, including without limitation, your infringement of any intellectual property or other right or policy of any person or Litezilla™.
We are not responsible for, and have no control over, the contents of any sites linked to, referenced by, or accessible from this website, or any website that links to this website. Any links or references are provided for your convenience, and are not intended as an endorsement by Litezilla™ or a warranty of any type regarding any sites or the products, services, information or materials on any sites. Your linking to or otherwise visiting any other site is at your own risk, and we accept no liability for the contents, accuracy or currency of any other site. We assume no responsibility, and are not liable, for any transmission or material, or any viral infection of your computer equipment or software, or any other types of damage related to your access, use of or browsing in this or any other site.
INTERPRETATION & DISPUTES
This Agreement is governed by the laws of the United States and the State of Wisconsin without regard to any conflict of laws provisions. In the event of any dispute the prevailing party will be entitled to recovery of its reasonable attorneys’ fees and costs. Any claim, dispute, or controversy arising from or relating to the Site or this Agreement (or any prior agreement between you and us with respect to the Site), or the relationships which result from this Agreement (whether a tort or statutory claim, or a claim seeking monetary, equitable, or other relief) (“Claim(s)”), will be, upon the election of any party to the dispute, resolved by neutral binding arbitration administered by the National Arbitration Forum (“NAF”), under the Code of Procedure (“Code”) of the NAF in effect at the time the Claim is filed. Claims include past, present, and future Claims. Any such arbitration will take place at a location within the United States federal judicial district in which you reside and will apply the substantive law set forth below. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. Notwithstanding the foregoing, Litezilla™ may seek injunctive or equitable relief through a court of competent jurisdiction in the event of any misuse of its intellectual property or any misuse of its Site or systems, without the posting of a bond, proof of damages, or other similar requirement.
The decision of the arbitrator will be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered in any court having jurisdiction.
This is the website of Litezilla™, LLC
We can be reached via e-mail at [email protected]
Effective Date: December 4, 2015
Policy Modifications and Amendments
PERSONALLY IDENTIFIABLE ACCOUNT INFORMATION
Litezilla™ may collect any content, record, or electronic communication of any kind, including without limitation your (1) name, (2) address, (3) e-mail address, (4) phone numbers, and (5) other personal information required to process your order and communicate with you.
We may use and share information with those persons and third-party entities that we have engaged to support our business to make the products and website available to you. These third parties consist of our call center, our shipping provider, our fulfillment center, and our web hosting service, and our online marketing providers.
Litezilla™ logs IP addresses for systems administration purposes. IP addresses are not by themselves used to track a user’s session, but is used to helps us determine how often different areas of our site are visited. However, we may link IP addresses to your Account, which would allow us to track your session on our website.
We may collect, or have collected on our behalf, information about your use of the website, such as your user activity, the pages you view and the date, time and duration of your activity. We also may collect and store information that your computer or mobile device provides to us in connection with your use of the website, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, unique device identifier (e.g. Google Advertising ID (GAID), Android ID, ID for Advertisers (IDFA), ID for Vendors (IDFV), MAC address, International Mobile Equipment Identity (IMEI), or other device IDs), location, requested and referring URLs, and other information about your device(s), operating system, and the state or country from which you accessed the services.
Most web browsers automatically accept cookies, but you can disable this function so that your browser will not accept cookies. Please be aware that disabling this function may impact your use and enjoyment of this website.
Like many websites, our Website uses Google Analytics to collect information about your use of our Website. This information consists of information that your web browser automatically sends to Google, such as the web address of the page that you visit and your IP address. Google may also set cookies or read preexisting cookies. This information is stored on Google´s servers. Google uses this information to provide us with reports about traffic to our website and your visit to our website (such as the domain from which you access the internet, the web address of the website from which you linked to our site, the time and date of your visit to the web pages that you view and click through). We will use this data to improve our website structure and content.
You may opt-out of our use of Google Analytics by visiting the Google Analytics opt-out page and installing the Google Analytics browser add-on, currently made available by Google at https://tools.google.com/dlpage/gaoptout.
GOOGLE ANAdvertising FeaturesFEATURES
We may have also enabled the following Google Analytics Advertising Features: Google Display Network Impression Reporting, Remarketing with Google Analytics and Google Analytics Demographics and Interest Reporting. The Google Display Network Impression Reporting uses the Google Analytics cookie to track our ad impressions and your interactions with those impressions, including the effectiveness of those ads, which generates reports for us to help us analyze our advertisements. Remarketing with Google Analytics uses the Google Analytics cookie to serve advertisements to you across the Internet based on your visit to our website. Google Analytics Demographics and Interest Reporting uses a third party cookie to collect information about our website traffic by tracking users across websites and across time, which generates a report for us to better understand our website users.
If you do not want Google to collect and use this information you may visit the Google Ad Settings page (http://www.google.com/safetycenter/tools/#manage-your-ads-preferences) or you can also visit the website http://www.networkadvertising.org/choices as referenced above to change your consumer preferences with respect to certain online ads and to obtain further information about third party ad networks and online behavioral advertising. For the Google Analytics Advertising Features, you may also opt-out of our use of Google Analytics as described above. Please remember that changing your settings with certain browsers and ad networks will not carry your privacy choices across browsers and other ad networks.
OTHER AD NETWORKS
We may use third party ad networks (called third-party ad servers or network advertisers, including Google) to deliver ads to you on our behalf. These third party ad networks may place their cookies, web beacons or other technology on our website or in your browser to collect non-personally identifiable information about you when you visit this website (such as browser type, time and date, browsing or transaction activity, subject of advertisements clicked or scrolled over, or a platform-provided identifier during your visits to this and other websites) to enable those third party ad networks to deliver to you advertisements on third party websites and mobile applications for our products or services or those of third parties that are likely to be of greater interest to you. For example, Google uses the Doubleclick cookie to enable it and its partners to serve ads to you based on your visit to our website and/or other sites on the Internet.
You can also visit the website http://www.aboutads.info to change your consumer preferences with respect to certain online ads and to obtain further information about third party ad networks and online behavioral advertising. Please note that opting out of one ad network may not be sufficient to opt you out of another ad network, such that you may still continue to see targeted ads from us.
FACEBOOK AND SOCIAL MEDIA
In addition, by choosing to use any third party platform or choosing to share content or communications with any such platform, you allow us to share information with the designated platform. Litezilla™ cannot control any policies or terms of such third party platform. As a result, we cannot be responsible for any use of your information or content by a third party platform, which you use at your own risk.
ACCESS BY CHILDREN
This website is not directed toward children under 13 years of age and Litezilla™ does not knowingly collect or use information from children under 13 through this website.
DO NOT TRACK
We will automatically collect cookies and other non-personally identifying information when you visit this site. Due to this automatic collection, we do not currently honor do not track requests.
We limit access to personally identifiable information about you to our employees and third-party agents who we reasonably believe need to have access to your information to fulfill your order or to provide you with the information you request from Litezilla™ or otherwise to support our business activities as set forth in this policy.
Our website host has implemented security measures in place to help protect against the loss, misuse and alteration of the information under our control. While we cannot guarantee that loss, misuse or alteration to data will not occur, Litezilla™ uses industry standards, such as Secure Socket Layers (“SSL”) technology, to help safeguard against such occurrences. In certain areas, the information passed between your browser and our system is encrypted with SSL technology to create a protected connection between you and our website to ensure confidentiality. In the event that a breach into our security systems occurs Litezilla™ will notify you solely to the extent and in the event required by applicable law.
ACCESS TO YOUR PERSONAL INFORMATION
If you wish to have access to your personal information in our records, please contact us with your request at [email protected] You may also request that we update your personal information or correct any factual errors that you believe may exist regarding this information.
This website may link to, or be linked to, other websites not maintained by or related to Litezilla™. Litezilla™ is not responsible for the privacy policies or practices of any third parties or third-party websites, including any linked or linking websites. To the extent that you disclose personally identifiable information to any such third parties, different rules may apply to their use and disclosure of personal information that you disclose to them. We encourage you to review the privacy policies of such websites before disclosing your personal information to them.