Terms of Service
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These Terms of Service were last updated on April 7, 2016
Welcome to Predator Fishing Lights. Radium Inc, LightsForFishing.com, Predator Fishing Lights , its brands and/or its affiliates ("Radium") provide website features and other products and services to you when you visit or shop at LightsForFishing.com, use Radium products or services, or use Radium applications for mobile in connection with any of the foregoing (collectively, "Services"). Radium provides the Services subject to the following conditions.
By using our Services, you are agreeing to these terms. Please read them carefully.
When you use any Radium Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Radium Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Radium Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Radium or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Radium Service is the exclusive property of Radium and protected by US and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Radium are trademarks or trade dress of Radium in the US and other countries. Radium's trademarks and trade dress may not be used in connection with any product or service that is not Radium's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Radium. All other trademarks not owned by Radium that appear in any Radium Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Radium.
One or more patents owned by Radium apply to the Radium Services and to the products sold via the Radium Services.
LICENSE AND ACCESS
Radium grants you a non-exclusive, non-transferable license to access and use Radium Services, and to access the content within the Services and according to the Terms. You may use the Radium Services only as permitted by law. The licenses granted by Radium terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Radium Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Radium does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Radium Services only with involvement of a parent or guardian. Radium reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, BLOGS, SHARING AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Radium reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Radium a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Radium and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Radium for all claims resulting from content you supply. Radium has the right but not the obligation to monitor and edit or remove any activity or content. Radium takes no responsibility and assumes no liability for any content posted by you or any third party.
LINKS TO THIRD PARTY SITES
Radium respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement, found below.
RISK OF LOSS
All items purchased from Radium are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Radium does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Radium does not take title to the refunded item. For more information about our returns and refunds, please refer to our Returns Policy.
Radium attempts to be as accurate as possible. However, Radium does not warrant that product descriptions or other content of any Radium Service is accurate, complete, reliable, current, or error-free. If a product offered by Radium itself is not as described, your sole remedy is to return it in unused condition.
Product availability on our website is not guaranteed, as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email. You can always verify availability by calling Customer Service at 1-540-942-5734. You will receive a shipping confirmation email once your items have shipped.
PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES
Radium Services may contain references or cross references to Radium products and services that are not available in every country.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any Radium Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
With respect to items sold by Radium, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Radium is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally charge your credit card at the time or order placement to guarantee fulfillment, or at the time your order has been processed through any Radium Service.
We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Radium does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE RADIUM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND/OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RADIUM SERVICES ARE PROVIDED BY RADIUM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RADIUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE RADIUM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RADIUM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE RADIUM SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RADIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RADIUM DOES NOT WARRANT THAT THE RADIUM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RADIUM SERVICES, RADIUM'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM RADIUM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RADIUM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY RADIUM SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY RADIUM SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
Any dispute or claim relating in any way to your use of any Radium Service, or to any products or services sold or distributed by Radium or through RadiumInc.com, LightsForFishing.com, Predator Fishing Lights or its brands and affiliates will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Radium Inc Headquarters, 463 Dinwiddie Avenue, Waynesboro, VA 22980. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Radium will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Radium Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Radium.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Radium Services. We reserve the right to make changes to our site, policies, Terms of Service, and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
463 Dinwiddie Avenue
Waynesboro VA 22980
If you have a subpoena to serve on Radium, please note that Radium does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on LightsForFishing.com, preferably by mailing the subpoena to Radium's national headquarters. Please find the address below:
Radium Incorporated 463 Dinwiddie Avenue Waynesboro VA 22980 Attn: Legal Department - Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; product serial number; and IP address and complete time stamp.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using contact information below. We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Radium Headquarters for notice of claims of copyright infringement on its site can be reached as follows (please note that this procedure is exclusively for notifying Radium that your copyrighted material has been infringed):
Radium Incorporated 463 Dinwiddie Avenue
Waynesboro VA 22980
Attn: Legal Department - Copyright
phone: (540) 942-5734 fax: (803) 753-0067 email: firstname.lastname@example.org
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with Radium Products or Services, whether in whole or in part, or create any derivative works from or of the Radium Products or Services.
IF YOU DO NOT AGREE ...
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE AND/OR ANY OTHER RADIUM PRODUCTS AND SERVICES.