Terms & Conditions
Updated 12/9/2022
Please carefully read these terms and conditions of use (these "T&C's" in full. These T&C's may have changed since your last visit to https://www.lightingreimagined.com (the "Site"). By using the Site, you indicate your understanding and acceptance of these T&C's. If you do not accept these T&C's, then do not use the Site.
The Site is owned by Littman Bros Energy Supplies Inc. and is currently provided free of charge to users who agree to abide by these T&C's. Lighting Reimagined reserves the right to change the nature of this relationship at any time and to revise these T&C's from time to time as Lighting Reimagined sees fit. Users who violate these T&C's will have their access cancelled and they may permanently be banned from using the Site. Users should check these T&C's periodically. By using the Site after we post changes to these T&C's, you will be deemed to have carefully read, understood and accepted those changes, whether or not you actually reviewed them.
Arbitration Notice
IMPORTANT: PLEASE CAREFULLY REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH LIGHTING REIMAGINED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Users/Participants
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
However, no person under the age of 13-years old should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.
Cookies
“Cookies” are small encrypted data files (containing references to user identification (User ID) information supplied by the user and stored on our secure server) that may write to your hard drive once you have accessed a web site. Lighting Reimagined uses cookies to enhance your shopping experience with us. Cookies are used to keep track of your shopping cart and to save your password so you do not have to re-enter it each time you visit the Site. To learn more about how we protect customer information, please review our Privacy Policy.
Copyrights, Trademarks & Restrictions
The material included herein, including site design, text, graphics and the selection and arrangement thereof are copyrighted by Littman Bros Energy Supplies Inc. ALL RIGHTS RESERVED. Lighting Reimagined, other trademarks and all page headers, custom graphics and custom icons are service marks and trademarks of Littman Bros Energy Supplies Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips and video clips (the “Materials”) are the property of Lighting Reimagined and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Lighting Reimagined and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way whatsoever any Materials from the Site (or any other website owned or operated by Littman Bros Energy Supplies Inc. or its subsidiaries or affiliates) without Lighting Reimagined’s prior written permission. However, you may print in hard copy portions of the Site with the sole intent of placing an order with or through Lighting Reimagined. Printing Materials for any other reason, or transferring Materials for use on any other website, or the modification, distribution or republication of Materials without Lighting Reimagined’s prior written permission is strictly prohibited. Any modification of Materials, or any portion thereof, or use of Materials for any other purpose may constitute an infringement of trademark, copyright or other intellectual property or proprietary rights of Lighting Reimagined or third parties.
Third-Party Services, Links & Linked Websites
Littman Bros Energy Supplies Inc. (d/b/a Lighting Reimagined) may provide tools through the Site that enable you to export information to or allow you to link your account on Lighting Reimagined with an account on a third-party service, such as Facebook or Instagram, or through our implementation of third party buttons (such as “Pin It” or “Share” buttons). By using these tools, you understand and agree that we may transfer such information to the applicable third-party service. These third-party services are not under our control, and we are not responsible for their use of your exported information. In addition, a link to any other website does not imply that Lighting Reimagined endorses or accepts any responsibility for the content or use of such other website. The Site may also permit third-parties to sell products through the Site or contain links to third-party websites. In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Lighting Reimagined of that third party or of any product or service provided by that third party. Those third-parties and linked websites are not under our control, and we are not responsible for their actions, products, or content. As such, you should carefully review their privacy policies and terms of use.
Privacy Issues
Lighting Reimagined takes privacy and data protection matters relating to its customers seriously. To learn more about how we protect customer information, please review our Privacy Policy.
Product and Services Information
Product availability and prices reflected on the Site may vary based on your location. Prices shown on the Site apply to products and services on the Site. Price and availability are subject to change without notice.
Lighting Reimagined has the right to offer promotions for a limited duration of time as determined by Lighting Reimagined, and may terminate or suspend such promotions at any time without notice.
We attempt to display all products shown on the Site in an accurate manner; however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products. In addition, some product images on our site have been provided by the manufacturers of such products, & we are not responsible for the accuracy of such product images.
The receipt of an email order confirmation is simply a recognition that we have received your requested order and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold or prohibit a sale altogether
Notice and Take-Down Procedures
If you believe any Materials on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take-down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Littman Bros Energy Supplies Inc. copyright agent (identified below) and provide the following information:
- A clear statement identifying the works or other Materials believed to be infringed
- A statement from the copyright holder or authorized representative that the Materials are believed to be infringing
- Sufficient information about the location of the allegedly infringing Materials so that Littman Bros Energy Supplies Inc. can find and verify its existence
- Your name, telephone number and email address
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf
- A signature or the electronic equivalent from the copyright holder or authorized representative
Lighting Reimagined’s agent for notice of copyright issues on the Site can be reached as follows:
Attn: DMCA Notice Lighting Reimagined
Address: 101 Lions Dr., Suite 112, Barrington, IL 60010
Email: customercare@lightingreimagined.com
Purchasing & Pricing
In order to make a purchase, you must have a valid payment method on file with us. You are responsible for paying all fees and applicable taxes associated with our Services. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging a portion of the owed amount, charging other payment methods on file with us, retaining collection agencies and, for accounts over 180 days past due, deducting the amount owed from your approved online payment account. To ensure uninterrupted service and to enable you to conveniently make additional purchases, Lighting Reimagined will store and update (e.g., upon expiration) your payment method on file.
Our inventory availability and listing prices are subject to change at any time without notice. In order to maximize the selection of items available for sale, Lighting Reimagined reserves the right, in its sole discretion, to limit the amount of time an item may remain in a customer cart. Unfortunately, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, Lighting Reimagined reserves the right, at our sole discretion, to refuse or cancel any orders placed for that item.
We reserve the right to cancel or suspend any promotion, discount, coupon or similar incentive before its originally stated expiration date without notice and at our sole discretion. Please note that only one account per delivery address may be eligible for promotional codes and discounts, including, but not limited to, new customer and first-time purchase promotions. Except as otherwise stated, all prices are quoted in U.S. Dollars and all promotions may be limited to U.S. customers.
Except as otherwise stated, the risk of loss for all products you order passes to you upon our delivery to the shipping carrier (such as FedEx, UPS or USPS).
Conduct of Users
You agree that you will not: (i) transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials that are or that Lighting Reimagined considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus,” “trojan horse” or other software destruction or disruption device or any other instrumentality that is or could be used for "cyber-attacks"; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while you are using or accessing the Site or in connection with your use of the Site, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
Indemnity
By using the Site, you agree to indemnify, defend and hold harmless Littman Bros Energy Supplies Inc. (d/b/a Lighting Reimagined), its affiliates and their respective owners, employees, suppliers and service providers (collectively, the "LR Parties"), and any other parties as determined in the discretion of Littman Bros. Energy Supplies Inc., from and against any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys' fees) incurred by or threatened against them arising out of or relating to your breach or alleged breach of these T&C's (including, without limitation, claims made by third parties for infringement of intellectual property rights). You agree to fully cooperate in the defense of any such claim. Lighting Reimagined reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you.
Disclaimer, Limitation of Liability
The Site is provided by Lighting Reimagined on an “as is” and “as available” basis. Lighting Reimagined makes no representations or warranties of any kind, express or implied, as to (1) the operation of the Site, (2) the quality, accuracy, completeness or validity of any materials on the Site, or the information, content, materials or products included on the Site, or (3) whether the functions contained on the Site will be uninterrupted or error-free, or that defects will be corrected, or (4) implied warranties, including, but not limited to, implied warranties of title, merchantability or fitnesss for a particular purpose. While we make every effort to provide accurate information, inaccuracies or errors may occur, including, without limitation, with respect to price information and product specifications and limitations. In the event that we become aware of an error in pricing or other product information in connection with an item you purchased, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you about the cancellation. Lighting Reimagined reserves the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and any payment has been charged.
This Site may also contain facts, views, opinions, statements and recommendations of third-party individuals and organizations. No LR Party represents or endorses the accuracy, timeliness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site. You acknowledge, understand and agree that any reliance on any such opinion, advice, statement or information will be at your sole risk.
No LR Party is responsible or liable for any special, incidental, consequential, punitive or other indirect damages that result from the use of, or the inability to use, the Site or the information contained on the Site, even if that party has been advised of the possibility of such damages. In no event shall the aggregate liability of all LR Parties to you for any damages, losses and causes of action resulting from your use of the Site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed one dollar (US $1.00).
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. You should consult with your independent legal counsel regarding your rights.
Termination
Lighting Reimagined may, in its sole discretion, terminate, suspend or otherwise limit your access to all or part of the Site, for any reason, including, without limitation, breach of these T&C's. In the event these T&C's are terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in these T&C's will survive termination. In the event that you are dissatisfied with the Site or the services provided by Lighting Reimagined, your sole remedy is to terminate your use of the Site.
Governing Law, Jurisdiction and Dispute Resolution
Jurisdiction
Lighting Reimagined operates the Site from its offices within the United States. Lighting Reimagined makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with all applicable laws You may not use the Site in violation of U.S. export laws and regulations.
Governing Law
These T&C's will be governed by and construed in accordance with the laws of the State of Illinois, as it is applied to agreements entered into and performed therein and without regard to principles of conflicts of law, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.
Notwithstanding anything contained in these T&C's to the contrary, Lighting Reimagined shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Lighting Reimagined’s rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief.
Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If any provision of these T&C's is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from these T&C's (to the maximum extent necessary) and the remaining provisions of these T&C's will remain in full force and effect. These T&C's constitute the entire agreement between you and Lighting Reimagined concerning your use of the Site.
Agreement to Arbitrate
You and Lighting Reimagined agree that any dispute, claim or controversy arising out of or relating to these T&C's or the breach, termination, enforcement, interpretation or validity thereof or otherwise relating to the Site, including, without limitation, with respect to the use thereof, the content thereon and the products purchased thereon (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Lighting Reimagined with written notice of your desire to do so by email at customercare@lightingreimagined.com within thirty (30) days following the date you first agree to these T&C's (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Lighting Reimagined with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Lighting Reimagined with an Arbitration Opt-out Notice, will be the state and federal courts located in the State of Illinois and you and Lighting Reimagined each waives, to the fullest extent permitted by law, (i) any objection to jurisdiction and venue in such courts, including any claim that any Dispute brought in any such court has been brought in an inconvenient forum and (ii) any right to trial by jury with respect to any Dispute. If you do not timely provide Lighting Reimagined with an Arbitration Opt-out Notice, you acknowledge, understand and agree that you and Lighting Reimagined are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Lighting Reimagined otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these T&C's.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Arbitration or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the mutual agreement of the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Lighting Reimagined otherwise agree, the arbitration will be conducted in Cook County, in the State of Illinois. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Lighting Reimagined submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the "Indemnity" and "Disclaimer & Limitation of Liability" sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Lighting Reimagined will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees
We will pay all filing and administration fees charged by the administrator and arbitrator fees up to $1,000, and we will consider your request to pay any additional arbitration costs. If an arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the administrator or for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for any fees paid by you to the administrator or arbitrator, up to $1,000. Each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration; however, if a statute gives you the right to recover these fees, or fees paid to the administrator or arbitrator, then these statutory rights will apply in arbitration.
Changes
Notwithstanding the provisions herein relating to how we can make changes to these T&C's, if Lighting Reimagined changes this “Governing Law, Jurisdiction and Dispute Resolution” section after the date you first accepted these T&C's (or accepted any subsequent changes to these T&C's), you may reject any such change by sending us written notice within 30 days of date when such change became effective on the Site, as indicated in the “Last Updated” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Lighting Reimagined in accordance with the provisions of this “Governing Law, Jurisdiction and Dispute Resolution” section as of the date you first accepted these T&C's (or accepted any subsequent changes to these T&C's).
Changes to These T&C's
Lighting Reimagined reserves the right, in our sole discretion, to change or modify portions of these T&C's at any time without notice. You should periodically visit this page to review the current T&C's so you are aware of any revision to which you are bound. If we make any changes to these T&C's, we will post the changes to these T&C's on this page and will indicate at the top of this page the date these terms were last revised.
Any such changes will become effective for existing users no earlier than ten (10) days after they are posted, except that changes addressing new functions of the Site or changes made for legal reasons will be effective immediately. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new T&C's. If you do not agree to abide by these or any future T&C's, do not use or access (or continue to use or access) the Site.
Comments, Complaints and Questions
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of Lighting Reimagined, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without notice or compensation to you and without your consent (unless otherwise required by our Privacy Policy). Should you have any questions or complaints regarding violations of these T&C's, please contact us at customercare@lightingreimagined.com
Acceptance of Terms
By using this Site, you are hereby accepting and agreeing to these T&C's, and you intend to be legally bound thereby. If you are not in agreement with our T&C's, then you must refrain from accessing and using (or continuing to access and use) our Site. In addition, your continued use of our Site following the posting of any updates or changes to our T&C shall mean that you agree and are in acceptance of such changes.