Terms and Conditions

Please read these Terms and Conditions ("Terms") carefully before using the website www.illumispace.com (the "Website") operated by IllumiSpace ("us," "we," or "our"). Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Website.

1. Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.

You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password, whether your password is with our Website or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2. Products

2.1 Product Descriptions

We strive to provide accurate descriptions, specifications, and images for all products available on our Website. However, we do not warrant that product descriptions, specifications, images, pricing, or any other content on the Website is accurate, complete, reliable, current, or error-free. If a product offered by IllumiSpace is not as described, your sole remedy is to return it in unused condition.

2.2 Product Availability

All products are subject to availability. We reserve the right to discontinue any product at any time. If a product is unavailable after you have placed an order, we will notify you as soon as possible and provide options for alternative products or a refund.

2.3 Product Use

Our products are designed for use in accordance with their specifications and user manuals. You agree to use our products only as intended and to follow all instructions and safety guidelines provided. IllumiSpace is not responsible for any damage, injury, or loss resulting from improper use, installation, or modification of our products.

3. Orders and Payment

3.1 Order Acceptance

Your order represents an offer to purchase a product that is accepted by us when we send an order confirmation email to you. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or problems identified by our fraud prevention team.

3.2 Pricing and Payment

All prices are listed in US dollars and are subject to change without notice. We reserve the right to correct pricing errors or inaccuracies even after an order has been submitted. We accept payment via the methods indicated on our Website. You represent and warrant that you have the legal right to use any payment method(s) you provide in connection with your account.

3.3 Taxes

Sales tax will be added to the price of purchases as deemed required by us. We may collect taxes we are required to collect or pay for, but you remain responsible for all applicable taxes on your purchases.

4. Shipping and Delivery

We ship to the addresses provided by customers during the checkout process. Please ensure your shipping address is accurate and complete. We are not responsible for orders shipped to incorrect addresses provided by customers.

Delivery times are estimates only and are not guaranteed. We are not liable for any delays in shipments. Risk of loss and title for items purchased pass to you upon delivery of the items to the carrier.

5. Intellectual Property

The Website and its original content, features, and functionality are and will remain the exclusive property of IllumiSpace and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of IllumiSpace.

6. User Content

Our Website may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post to the Website, including its legality, reliability, and appropriateness.

By posting User Content to the Website, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Website. You retain any and all of your rights to any User Content you submit, post, or display on or through the Website, and you are responsible for protecting those rights.

You represent and warrant that: (i) the User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

7. Prohibited Uses

You may use our Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate IllumiSpace, an IllumiSpace employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm IllumiSpace or users of the Website, or expose them to liability.

8. Warranty Disclaimer

The Website and products are provided on an "AS IS" and "AS AVAILABLE" basis. IllumiSpace makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.

To the full extent permissible by applicable law, IllumiSpace disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. IllumiSpace does not warrant that the Website, its servers, or e-mail sent from IllumiSpace are free of viruses or other harmful components.

9. Limitation of Liability

In no event shall IllumiSpace, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless IllumiSpace, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Alabama, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12. Dispute Resolution

Any disputes arising out of or related to these Terms or the Website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Alabama and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek preliminary injunctive relief in a court of competent jurisdiction pending the appointment of an arbitrator.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15. Entire Agreement

These Terms constitute the entire agreement between you and IllumiSpace regarding our Website and supersede all prior and contemporaneous written or oral agreements between you and IllumiSpace.

16. Contact Information

If you have any questions about these Terms, please contact us at:

IllumiSpace
4720 Gerhold Highway
Lynnmouth, AL 55061
Email: legal@illumispace.com
Phone: +1 (380) 219-2701

Last Updated: March 15, 2024