ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS OF USE (“TERMS”), DO NOT USE THIS WEB SITE.

Use of Site.
Atom Lighting Inc. authorizes you to view and download the materials at this web site and other Atom Lighting Inc. web sites that are linked to this site or affiliated with this web site (“Site”), under the condition that all the information, communications, software, scripting, photos, text, video, graphics, sound, images and other materials and services found on the Site (collectively “Content”) may not be copied or distributed, republished, uploaded, posted, publicly displayed, performed, distributed or transmitted in any way, without the prior written consent of Atom Lighting Inc. EXCEPT: only for your personal, non-commercial use, and provided that you retain all copyright and other proprietary notices contained in the original materials and any copies of the materials. For purposes of these Terms, any use of this Content on any other web site or networked computer environment for any purpose is prohibited.

Use of Software.
If you download any software from this Site (“Software”), the Software, including all code, files, images, contained in or generated by the Software, and accompanying data, are deemed to be licensed to you by Atom Lighting Inc. Neither title nor intellectual property rights are transferred to you, but remain with Atom Lighting Inc., who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. You may not download or install the Software until you have read and accepted these Terms.

Copyrights, Trademarks and Service Marks.
Unless otherwise noted, all Content and other materials on this site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Atom Lighting Inc. and/or its subsidiaries and affiliates or by other parties that have licensed their material to Atom Lighting, Inc. The Content of the Site is copyrighted and any unauthorized use of the Content of this Site may violate copyright, trademark, and other laws, in addition to being a material breach of these Terms.

There are a number of proprietary logos, service marks, trademarks, slogans and product designations (“Marks”) found on this Site. By making them available on this Site, Atom Lighting Inc. is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of Atom Lighting Inc.’s or any third party’s intellectual property rights. Use of Atom Lighting Inc.’s proprietary logos, service marks, trademarks, slogans and product designations found on this Site by users is restricted as set forth in these Terms.

Atom Lighting® logo and designs, Atomic®, Beam™, Current®, E-Series®, Electron®, Engineered By Science® logo and designs, Fission®, Flux®, Gamma Ray®, Hydro®, Ion®, Lumen®, Momentum®, Neutron®, Newton®, Nucleus®, Orbital®, Particle®, Photon®, Positron®, Proton®, Quantum™, Radiance™, Transmittance®, Volt™, and Yotta™ are all registered trademarks, pending applications, and/or common law marks of Atom Lighting Inc. in the United States.

Atom Lighting Inc.’s trademarks may be used publicly with permission only from Atom Lighting Inc. Fair use of Atom Lighting Inc.’s trademarks in advertising and promotion of Atom Lighting Inc.’s products requires proper acknowledgement. No Atom Lighting Inc. trademark or service mark may be used as a hyperlink without Atom Lighting Inc.’s prior written permission.
The various Marks on this Site represent some of the Marks currently owned or controlled in the United States and/or in one or more other countries by Atom Lighting Inc. or under license to Atom Lighting Inc. The display of these Marks and the notices associated with these Marks is not intended to be a comprehensive compilation of all Atom Lighting Inc. worldwide proprietary ownership rights, and Atom Lighting Inc. may own or control other proprietary rights in one or more countries outside of the United States.

User Submissions.
Atom Lighting Inc. does not accept, nor does it solicit, any product or process ideas, innovation suggestions, improvements or other user submissions. All remarks, suggestions, ideas, innovations, graphics, materials, information, data, concepts, submissions or other communications you transmit or post to this Site (together, the “Communications”) are assigned to, and will forever be the property of Atom Lighting Inc. Other than personally identifiable information, which is covered under the Atom Lighting Inc. Privacy Policy, any Communications will be considered non-confidential and non-proprietary. Atom Lighting Inc. will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Atom Lighting Inc. operations. Atom Lighting Inc. will have exclusive ownership of all present and future existing rights to the Communications of every kind and nature everywhere.

For any Communications that cannot be legally assigned to Atom Lighting Inc., you hereby grant Atom Lighting Inc. and its designees an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that Atom Lighting Inc. is free to use any ideas, concepts, know-how or techniques that you send Atom Lighting Inc. for any purpose whatsoever without compensation to you or any other person sending the Communication. In addition, you warrant that all so-called “moral rights” with respect to the Communication have been waived.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law.

User Forums.
Atom Lighting Inc. may, but is not obligated to, monitor or review any areas on the site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Atom Lighting Inc. is free in its sole discretion to remove, edit, delete or modify any Communications deemed undesirable without prior notice to the user submitting such Communications. However, Atom Lighting Inc. will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise, and retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.

Links to Third Party Web Sites.
This Site may provide links to other third party web sites or resources. Such links to third party web sites on this Site are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Atom Lighting Inc. has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Atom Lighting Inc. makes no representations whatsoever about any other web site, which you may access through this Site, or any information, software or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you acknowledge and agree that Atom Lighting Inc. is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, an you do so entirely at your own risk. Accordingly, you agree that Atom Lighting Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance of any such third-party material, content, products or services available on or through any such site or resource.

Disclaimer.
THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

ATOM LIGHTING INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE.

ATOM LIGHTING INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE ATOM LIGHTING INC. MAY MAKE RESONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT ATOM LIGHTING PRODUCTS ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT ATOM LIGHTING PRODUCTS. ATOM LIGHTING INC. UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY REPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FORM CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability.
IN NO EVENT WILL ATOM LIGHTING INC., ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, ATOM LIGHTING INC.’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Procedure for Making Claims of Copyright Infringement.
Atom Lighting Inc. respects the intellectual property rights of others, and expects its users to do the same. Atom Lighting Inc. will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (DMCA). Any notifications of claimed copyright infringement must be sent to Atom Lighting Inc. at the following address: 170 South William Dillard Drive, Building 6, Suite 117, Gilbert, Arizona 85233, USA. When notifying Atom Lighting Inc. of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.

Applicable Laws. Atom Lighting Inc. from its offices within the United States of America controls this Site. Atom Lighting Inc. makes no representation that the Content within this Site is appropriate or available for use in locations other than the United States. Access to this Site from territories where Atom Lighting Inc.’s Site Content is illegal is prohibited. Those who choose to access this site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

These Terms and any disputes arising under or related to these Terms (whether for breach of contract, tortuous conduct or otherwise) and any claim relating to the Content shall be governed by the internal substantive laws of the State of Arizona. By using this Site, and agreeing to the Terms, you agree to be subject to personal jurisdiction in the Federal and State courts of the State of Arizona. In addition, you hereby accept and submit to the personal jurisdiction of these Arizona courts with respect to any legal actions, suits or proceedings arising out of these Terms. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms.

Termination.
Atom Lighting Inc., in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, if Atom Lighting Inc. believes you have violated or acted inconsistently with the letter or spirit of these Terms, or if you are in breach of the Terms of this agreement. Upon termination, you will immediately destroy any copies of Content of this Site, whether in printed or software format.

Online Ordering.
The Atom Lighting Inc. Site offers you the ability to order Atom Lighting products and/or equipment online (the “Service”). By using the Service, you agree to the Atom Lighting Inc. contractual Service Terms and Conditions.

Registration.
In consideration for use of the Service, you agree to provide true, current, accurate, and complete information about yourself as requested during the registration or purchase process, and to update such information as necessary to keep it true, current, accurate, and complete. You agree that you will use the Service in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any content that you upload, download, transmit or otherwise process using the Software. You are responsible for maintaining the confidentiality of your account number and/or password, and are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Termination of the Service.
You agree that Atom Lighting Inc. in its sole discretion may terminate your use of the Service and access to all or a portion of the Service and/or the Atom Lighting Inc. Site if Atom Lighting Inc. believes that you have violated the Service Terms and Conditions. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that Atom Lighting Inc. may immediately deactivate or delete your account and all related information, Content, or other files in your account and/or prevent any further access to such files or the Service. Further, you agree that Atom Lighting Inc. shall not be liable to you or any third-party as a result of Atom Lighting Inc.’s termination of your access to the Service.

Notices.
Notices to you may be made via either email or regular mail. Atom Lighting Inc. may also provide notices of changes to the Terms, Privacy Policy, Service Terms and Conditions and/or other matters by displaying notices or links to notices to you generally on the Site.

Privacy.
Atom Lighting Inc. recognizes the need to protect the privacy of users of this Site, and to provide additional privacy protection to children and young adults. Children 17 years old and younger may visit this Site without disclosing any personally identifiable information. Please see our Privacy Policy for more information.

Revisions.
Atom Lighting Inc. may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit his page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at this Site may be out of date, and Atom Lighting Inc. makes no commitment to update the materials and services at this Site.

Additional Terms.
Certain products or services offered by this Site, whether by Atom Lighting Inc. or its partners, and certain areas within this Site may be governed by additional terms of use and/or other agreements (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas. The Additional Terms and these Terms shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and these Terms, the Additional Terms shall control.

Waiver.
Atom Lighting Inc.’s failure to enforce any part of these Terms shall not constitute a waiver of any of Atom Lighting Inc.’s rights under these Terms, whether for past or future actions on the part of any person. Neither the receipt of any funds by Atom Lighting Inc. nor the reliance of any person on Atom Lighting Inc.’s actions shall be deemed to constitute a waiver of any part of these Terms. A specific, written waiver signed by an authorized representative of Atom Lighting Inc. may only provide a legal waiver.

Severability.
If any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Acceptance of Terms.
You acknowledge you have read, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

© Copyright 2007 Atom Lighting Incorporated. All Rights Reserved.