Terms Of Service
ENTIRE AGREEMENT
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SERVICE/WEB SITE.ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND BLACK FLAG LIGHTING WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Black Flag Lighting provides an online service. These terms and conditions of use (“Terms of Use”) apply to your access to, and use of, the Service and of the Black Flag Lighting Web site located at www.blackflaglighting.com and other web sites or mobile sites that link to this policy (collectively the Site). The These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Black Flag Lighting, or its subsidiaries or affiliates, for products, services or otherwise. To the full extent permitted by applicable law, Black Flag Lighting reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site or Service, at any time and in its sole discretion by providing notice the Terms of Use have been modified. Such notice may be provided by sending an email or text message, by posting a notice on the Site or through the Service, by posting the revised Terms of Use on the Site and revising the date at the top of these Terms of Use or by such other form of notice as determined by Black Flag Lighting. Your continued use of this Site or Service following the posting of the revised Terms of Use or other notice of such changes will constitute your acceptance of such changes or modifications. Otherwise, any changes or modification will be effective within thirty (30) days of the posting of the revisions on the Site or Service unless you notify Black Flag Lighting within such thirty (30) days that you do not agree to the changes and stop using the Site and Service. Therefore, you should review these Terms of Use whenever you access the Site or Service and at least every thirty (30) days to make sure that you understand the terms and conditions that will apply to your use of the Site and the Service.
CONTROLLING TERMS
No terms and conditions other than the terms and conditions contained herein shall be binding upon the Seller unless accepted by it in a writing signed by the management of Black Flag Lighting(Seller). All terms and conditions are contained in any prior oral or written communication, including, without limitation, Buyers purchase order, which are different from or in addition to the terms and conditions herein are hereby rejected and shall not be binding on Seller. All prior proposals, negotiations, and representations, if any, are merged herein. Buyer will be deemed to have assented to all terms and conditions contained herein if any part of the products are shipped or invoiced to Buyer.
ACCEPTANCE OF ORDERS
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site or the Service that are provided by you in the form of email or other submissions to Black Flag Lighting, or any postings on the Site, are non-confidential and shall become the sole property of Black Flag Lighting. Black Flag Lightingshall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
DELIVERY & SHIPPING
Shipping dates are estimates only. No contract will be made to deliver in a specified time unless in writing by an officer of the company. Black Flag Lighting shall under no circumstances be responsible for failure to fill any order or orders when due to: fires, floods war, riots, strikes, freight embargoes or transportation delays, shortage of labor, inability to secure fuel, material, supplies or power at current prices, or on account of shortages thereof acts of God or of the public enemy any existing or future laws or acts of the Federal or of any State Government including specifically, but not exclusively, any orders, rules or regulations issued by any official or agency of any such Black Flag Lighting the conduct of Black Flag Lighting's business with which Black Flag Lighting in its judgment and discretion deems it advisable to comply as a legal or patriotic duty, or to any case beyond Black Flag Lighting reasonable control.
TRANSPORTATION AND RISK OF LOSS
The responsibility of Black Flag Lighting ceases upon delivery of goods in good order to the carrier. The Buyer assumes all risk of loss, damage or shortage in transit and any claims based thereon must be filed by the Buyer with the transportation/shipping company.
CANCELLATION, MODIFICATION, AND PROOF APPROVAL
Cancellations may be requested, Black Flag Lighting however cannot guarantee a cancellation if the order has already been processed and on its way to you. In the event that this is the case you may request a return, you will however be responsible for the conditions under the Return of material policy (listed in the right column). Modifications may be requested, Black Flag Lighting however cannot guarantee a modification if the order has already been processed and on its way to you. In the event that this is the case you may request a return, you will however be responsible for the conditions under the Return of material policy (listed in the right column). With modifications there may be a price difference which may lead to a payment request or perhaps a refund. Proof approval gives us permission to complete the job as shown in the proof that is returned with an approval email - any modifications following the proof approval may lead to a payment request in order to make the modification(s) and/or to cover the additional materials and time.
TAXES
Except as otherwise provided on the Site, prices shown do not include any federal, state or local taxes, or any other taxes or charges imposed by any government authority, including, without limitation, sales, use, excise, value-added or similar taxes. Where applicable, such taxes and charges shall be billed as a separate item and paid by you. Orders are accepted with the understanding that such taxes and charges shall be added, as required by law. Black Flag Lighting Room charges sales tax unless you have a valid sales tax exemption certificate on file with Black Flag Lighting. Black Flag Lighting will not refund tax amounts collected in the event a valid sales tax certificate is not provided. If you provide a certificate that is not accepted for any reason by any governmental or regulatory authority, and Black Flag Lighting is required to pay tax on your purchase, you will reimburse Black Flag Lighting for the amount of such tax, and Black Flag Lighting reasonable expenses incurred in connection with the payment and collection of such tax. e-mail your resale certificate and customer number to: accounting@anchor-room.com
WARRANTY AND DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY BLACK FLAG LIGHTING, THE SITE, THE MATERIALS, AND THE SERVICE ARE PROVIDED ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BLACK FLAG LIGHTING DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE SERVICE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. BLACK FLAG LIGHTING DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. BLACK FLAG LIGHTING ALSO DISCLAIMS ANY WARRANTIES REGARDING ANY PRODUCTS OR SERVICES YOU PURCHASE THROUGH THE SERVICE.BLACK FLAG LIGHTING IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE BLACK FLAG LIGHTING ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, BLACK FLAG LIGHTING CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. Black Flag Lighting reserves the right to change any and all content contained in the Site or on the Service and to modify, suspend or discontinue the Site or the Service or any features or functionality thereof at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Black Flag Lighting.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL BLACK FLAG LIGHTING, ITS MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE MATERIALS, OR ANY PURCHASES MADE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BLACK FLAG LIGHTING, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BLACK FLAG LIGHTING RECORDS, PROGRAMS OR SERVICES AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BLACK FLAG LIGHTING, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE OR TO THESE TERMS OF USE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BLACK FLAG LIGHTING FOR ACCESS TO OR USE OF THE SITE OR THE SERVICE.
RETURN OF MATERIAL
Black Flag Lighting accepts returns up 14 days past the date of receipt under the following conditions:
* Item must be in its original condition without defect or issue.
* Item must be returned at the expense of customer.
* Item must be returned in its original shipping container.
Any damage incurred is the strict responsibility of the customer and opting for insurance for return shipping is the option of the customer.
A restocking fee to recoup the cost of shipping, shipping container, and materials will incur at the expense of the customer and will be subtracted from the refund.
* No returns or refunds on any custom orders.
INDEMNITY
You agree to defend, indemnify and hold harmless Black Flag Lighting , its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys fees) arising out of or related to your use of Site and the Service, including without limitation any actual or threatened suit, demand or claim made against Black Flag Lighting or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to your conduct, your violation of these Terms of Use or your violation of the rights of any third party.
GOVERNING LAW AND ARBITRATION
These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the State of Virginia, applicable to agreements made and to be entirely performed within the State of Virginia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in Richmond, Virginia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use. You and Black Flag Lighting agree to arbitrate any dispute arising from these Terms of Use or relating to the Service or any goods or service purchased through the Service, except that you and Black Flag Lighting are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. You and Black Flag Lighting agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Richmond, Virginia and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and Black Flag Lighting Room also agree that the state or federal courts in Richmond, Virginia have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND BLACK FLAG LIGHTING WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
