Terms & Conditions of Use

This website www.earlylightmedia.com (“Website”) is operated by Earlylight Media, L.L.C. ("Earlylight") and these terms and conditions apply to all websites owned, operated, controlled and otherwise made available by Earlylight, its parent, their affiliates and subsidiaries (including, but not limited to, mirrored, co-branded and successor sites).

IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE, SUBSCRIBING TO EARLYLIGHT SERVICES, PURCHASING PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE EARLYLIGHT SERVICES AND PRODUCTS, AND THE RELATED EARLYLIGHT SOFTWARE, DATA, CONTENT AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “EARLYLIGHT TECHNOLOGY”).

EARLYLIGHT IS WILLING TO PROVIDE YOU WITH ACCESS TO THIS TECHNOLOGY THROUGH THIS WEBSITE AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM EARLYLIGHT OR ITS AFFILIATES IN CONNECTION WITH THE EARLYLIGHT TECHNOLOGY (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE EARLYLIGHT TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE EARLYLIGHT TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM EARLYLIGHT.

Authority

By accessing, subscribing, downloading and/or otherwise using the Earlylight Technology, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of Earlylight that may be published within the Earlylight Technology or this Website.

Intellectual Property

The Earlylight Technology (including, this Website) is owned and operated by Earlylight and its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2015 – EarlyLight Media L.L.C. All rights reserved. The compilation and arrangement of all content, data and other information found within the Earlylight Technology is also the sole and exclusive property of Earlylight and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the Earlylight Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Earlylight and its licensors and are fully protected under U.S. and international intellectual property laws.

Use of the Earlylight Technology

Subject to the terms and conditions set forth herein and any third party restrictions, Earlylight grants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the Earlylight Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the Earlylight Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website or through the Earlyight Technology; provided you retain all Earlylight copyright and proprietary notices contained in the original materials or any copies thereof.

All rights not expressly stated herein are reserved by Earlylight and Earlylight disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Earlylight Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Earlylight Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Earlylight Technology, or any part thereof, including, but not limited to, using any part of the Earlylight Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the Earlylight Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Earlylight, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use Earlylight Technology to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using Earlylight Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Earlylight Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the Earlylight Technology or servers or networks connected to the Earlylight Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the Earlylight Technology (including, but not limited, to this Website); and (xiv) “stalk” or otherwise harass another; or collect or store personal data about other users.

You agree not to access the Earlylight Technology by any means other than through the interface that is provided to you by Earlylight for use in accessing the Earlylight Technology.

By posting of information or other materials on this Website or within the Earlylight Technology or by making such information available for downloading by you, Earlylight does not waive any proprietary right in and to the Earlylight Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Earlylight Technology except for the limited license expressly granted herein.

Submissions

Any and all comments, suggestions, ideas, graphics, videos, content, data, personally identifiable information and any other information that you transmit to Earlylight through the Earlylight Technology (“Submission”)may be used by Earlylight anywhere, anytime and for any reason whatsoever, subject only to our Website {{site.privacy}} with respect to our use of your personally identifiable information. You shall remain the sole and exclusive owner of your Submission, and you shall be solely responsible for your Submission and the consequences of posting or publishing them. By submitting your Submissions to Earlylight, you hereby grant Earlylight a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submissions for any legal purposes whatsoever now known or hereinafter becomes known.

By making a Submission, you waive the right to make any claim against Earlylight or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, and shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. Any Submission you provide to Earlylight will be deemed public information and not subject to any confidentiality obligation and Earlylight shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, Earlylight’s {{site.privacy}} shall govern Earlylight’s disclosure of such information.

By making a Submission, you waive the right to make any claim against Earlylight or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, and shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you.

You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for Earlylight. You also agree to maintain and promptly update your Submissions by means of the Earlylight Technology in order to keep that information true, accurate, current and complete. Participation Disclaimer

Earlylight does not and cannot review all Submissions posted to or created by users accessing the Earlylight Technology (including, but not limited to, this Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Earlylight Technology (including, but not limited to, this Website), Earlylight is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though Earlylight may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, profanity or misrepresentation. Notwithstanding the foregoing, Earlylight reserves the right to block or remove communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another or (d) offensive or otherwise unacceptable to Earlylight as determined in its sole discretion.

Limitations on Internet

You acknowledge that Earlylight may establish limits concerning use of the Internet, including the maximum number of days that submissions will be retained by the Internet, the maximum number and size of postings, e-mail messages, or other Submissions that may be transmitted or stored by the Internet, and the frequency with which you may access the Internet.

You agree that Earlylight has no responsibility or liability for the deletion or failure to store any Submissions maintained or transmitted by the Internet. You acknowledge that Earlylight reserves the right at any time to modify or discontinue the Internet (or any part thereof) with or without notice, and that Earlylight shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Internet.

By using the Earlylight Technology, you consent to electronically receive from Earlylight all communications including notices, agreements, legally required disclosures or other information in connection with the Earlylight Technology (collectively, “Notices”). Earlylight shall provide such electronic Notices by posting them on this Website. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Website and the Earlylight Technology. Trademarks Any and all trademarks displayed within the Earlylight Technology are owned by Earlylight, its licensors or its affiliates. Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party.

Confidentiality

At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Earlylight. “Confidential Information” means any Submissions, trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Earlylight or its licensors, including, but not limited to, all parts of the Earlylight Technology and any other materials or information related to the business or activities of Earlylight that are not generally known to others engaged in similar businesses or activities.

Warranty Disclaimer

You access and use the Earlylight Technology at your sole risk. The Earlylight Technology is provided to you on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, Earlylight disclaims all warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise.

Without limiting the foregoing, Earlylight does not represent or warrant that (a) the Earlylight Technology will be uninterrupted, timely, secure or error-free, (b) the defects in the Earlylight Technology will be corrected, (c) the Earlylight Technology or the servers that operate the Earlylight Technology are free of viruses or other harmful components, (d) the data, results and information within the Earlylight Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the Earlylight Technology will meet your needs, requirements or expectations.

Earlylight may make changes to the content within the Earlylight Technology or to the products or services described in it, at any time without notice to you. Further, Earlylight assumes no liability or responsibility for any errors or omissions in the content within the Earlylight Technology. The materials in the Earlylight Technology may be out of date or inaccurate, and Earlylight specifically disclaims any duty to update such content.

Any material downloaded or otherwise obtained by you through the use of the Earlylight Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses.

You acknowledge and agree that Earlylight shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by Earlylight. You acknowledge and agree that Earlylight shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the Earlylight Technology provided by any other user of this Website or any third party licensors or suppliers of Earlylight.

Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the Earlylight Technology, and no warranties shall apply after such period.

Disruptive Behavior

Harassment in any manner or form on this Website or through the use of the Earlylight Technology, including via email, web blog (“blog”), comments, submissions, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Earlylight employee or representative, as well as other members or visitors on this Website or through use of the Earlylight Technology is prohibited. You may not upload to, distribute, send or otherwise publish through this Website or within the Earlylight Technology any content which is libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; which may constitute or encourage a criminal offense, violate the rights of any party; or which may otherwise give rise to civil liability, violate any law or infringe on a third party's intellectual property right (including, but not limited to, spam, offensive sexual, racial or gender related material, or material that violates Earlylight’s then current policies). You may not upload commercial content on this Website or within the Earlylight Technology or use the same to solicit others to join or become members of any other commercial online service or other organization.

You agree not to: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the Earlylight Technology; (b) use Internet Relay Chat (IRC) bots via this Website (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the Earlylight Technology or the normal flow on this Website of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) run any program on this Website or through the Earlylight Technology that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the Earlylight Technology or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the Earlylight Technology in violation of the rules of any other website providers, websites, chat rooms or the like; (i) use the Earlylight Technology to access the accounts of others without permission; (j) attempt to penetrate security measures of Earlylight or another entity, or obtain or bypass others' passwords; or (xi) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic).

Limitation of Liability

NEITHER EARLYLIGHT ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE EARLYLIGHT TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE EARLYLIGHT TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE EARLYLIGHT TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE EARLYLIGHT TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE EARLYLIGHT TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THIS WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE EARLYLIGHT TECHNOLOGY WHETHER OR NOT EARLYLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL EARLYLIGHT’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO EARLYLIGHT FOR ACCESS AND USE OF THE EARLYLIGHT TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH EARLYLIGHT TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.

Access to Earlylight Technology

You shall be responsible for obtaining access to the Earlylight Technology and for all equipment necessary to access the Earlylight Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting you to the Earlylight Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges.

Passwords and Your Obligations

You may be asked to register as a member on certain pages or services within the Earlylight Technology and to select a unique username and password in order to be able to access your account and use any of the Earlylight Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify Earlylight in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.

Please notify us immediately of any unauthorized use of your user name and password via email to {{site.email}}.

Security

The Earlylight Technology resides on the public internet. Earlylight uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Earlylight and any information stored on servers controlled by Earlylight. Notwithstanding these efforts, Earlylight cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.

Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the Earlylight Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Earlylight Technology, overloading, “flooding,” “mailbombing” or “crashing” the Earlylight Technology. Violations of system or network security may result in civil or criminal liability. Earlylight reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Indemnification

You agree to indemnify, defend, and hold harmless Earlylight, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the Earlylight Technology; and (d) any use of your Submission by Earlylight or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity.

Blog Disclaimer

The blog entries, quotations and other editorial content on this Website are provided “as is” with no warranties and confers no rights. The blog entries are solely the opinion of the author and do not necessarily reflect the opinions of Earlylight, its parent EAR and/or their indirect and direct parent companies and affiliates.

Termination

You agree that Earlylight, at its sole discretion, may terminate or suspend your access to and use of the Earlylight Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Earlylight believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. Earlylight reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Earlylight Technology (or any part thereof) without notice. You agree that Earlylight shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Earlylight Technology. Your obligations under this Agreement shall continue even after Earlylight has terminated and/or cancelled this Agreement or your access to the Earlylight Technology.

Resale Prohibited

Products and services sold from this Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, Earlylight reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.

Product Display/Colors & Specifications

The Earlylight Technology (including, but not limited to, this Website) attempts to display product images shown through it as accurately as possible. However, Earlylight cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.

Features, pricing and specifications of products and/or services described or depicted through the Earlylight Technology (including, but not limited to, this Website) are subject to change at any time without notice. Weights and measures are approximate.

Pricing, Special Offers and Promotions

All prices shown through the Earlylight Technology (including, but not limited to, this Website) are applicable solely for purchase by users directly through this Website. Prices are subject to change without notice. Prices within the Earlylight Technology (including, but not limited to, prices on this Website) may not be the same as prices available through sales representatives, telephone orders, or promotional offers. Earlylight does not have a price match guarantee.

Special product, pricing or service offerings and promotions may be displayed from time to time through the Earlylight Technology (including, but not limited to, on this Website) and are considered discontinued and no longer valid once they are removed from the Earlylight Technology (including, but not limited to, this Website). In addition, all such offerings and promotions displayed through the Earlylight Technology (including, but not limited to, on this Website) are subject to change or cancellation at any time without notice.

Programs/promotions available through sales representatives or telephone orders may not be available through the Earlylight Technology (including, but not limited to, this Website) and vice versa.

Should you place an order for a product or service and it goes on sale on this Website for a lower price immediately thereafter, you may contact us for a credit of the difference between the current price and the price you paid. However, you must contact us within seven (7) days of the date on which the price change first appears on this Website – later requests will not be honored.

Other product and service limitations and disclaimers may apply.

Typographical Errors

The price for a product or service on the Website may differ from the price shown in your shopping cart at the time of your purchase at the Website -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Website. If the price for the item on the Website is incorrect, then, at the sole discretion of Earlylight, Earlylight may either (a) refuse or cancel your order whether or not the order has been confirmed and your credit card has been charged; (b) contact you for instructions before charging you for such product or service; (c) cancel the order for such service and notify you of such cancellation; or (d) sell the product or service at the incorrect price to your benefit. If your credit card has already been charged for the purchase and your order is cancelled or refused, Earlylight shall issue a credit to your credit card account in the amount of the incorrect price that was charged.

Applicability of Content

This Website is operated in the State of Maryland, United States of America, and Earlylight makes no representation that the content provided through the Earlylight Technology are applicable or appropriate for use in jurisdictions other than the United State of America. If you access our Earlylight Technology (including, but not limited to, this Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the Earlylight Technology, you may not view or use the Earlylight Technology.

Product & Service Availability

The Earlylight Technology (including, but not limited to, this Website) refers to products and services available for purchase at this Website by buyers with a shipping address located within the United States of America. Subject to the terms and conditions of this Agreement, Earlylight will sell products, and provide services, to you if the product or service is currently available and/or the product is in Earlylight’s inventory or the service is a service made commercially available by Earlylight. Earlylight cannot guarantee the availability of a product or service at all times.

Sales Tax Policy

Sales tax may be added to each order, subject to federal, state, and local tax laws. We will do our best to accurately calculate sales tax, but errors may occur due to the large number of tax districts or for other reasons. If we do not collect sales tax for your order, you may still be responsible for paying sales and/or use tax for the purchase if required by federal, state or local tax rules and laws.

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for no or any reason whatsoever. You will not be charged if we reject an order, but we will process a refund if a charge has been made against you in error.

Validating Your Order

After you place an order through the Website, we will check the information you gave us for validity. We may require additional verifications or information before accepting any order.

We reserve the right to reject any order you place with us, and/or to limit quantities on any order, for any or no reason whatsoever. If we reject your order, we will generally attempt to notify you by using the contact information you gave to us with your order.

Paying for Your Order

The accepted methods of payment are set forth on this Website and may change at any time with or without notice by Earlylight at its sole discretion.

Your card will be authorized for the full amount of your purchase at the time of your order. This may cause an immediate reduction in your funds or increase in your credit line, even if your order is later canceled, as the credit and debit card issuing banks release authorizations at their discretion.

Your credit or debit card is generally charged upon receipt of your order.

Privacy Policy

We realize that you are concerned about how the information you provide online will be used. Earlylight has a {{site.privacy}} that discloses what information Earlylight collects about you, how Earlylight uses such information, the steps Earlylight takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used. The {{site.privacy}} is available on this Website and is incorporated herein by this reference. Please read our Privacy Policy for more details.

Jurisdiction

This Agreement shall be governed and construed in all respects by the laws of the State of Maryland, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Earlylight Technology, and purchases of products and/or services through the Earlylight Technology must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. You agree to submit to the exclusive jurisdiction of the courts of the State of Maryland or the United States District Court for the State of Maryland for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of this Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

Earlylight Intellectual Property Notice

Pursuant to the Digital Millennium Copyright Act, Earlylight has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this Website. Earlylight respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide Earlylight’s Copyright Agent the following information (the “Copyright Notice”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the Earlylight Technology; (d) your address, telephone number and email address; (e) 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; and (f) a statement by you, made under penalty of perjury, that the information in your Copyright Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Earlylight’s Agent for transmitting the Copyright Notice for claims of copyright or other intellectual property infringement can be contacted at:

{{site.office}}

Additional Fees

You shall immediately notify Earlylight if you know or have reason to believe that Earlylight has been or will be required, as a result of activity arising out of or related to this Agreement or the services contemplated hereunder by any court or administrative agency of the United States or any state or by any legal process to respond to any subpoena, search warrant, discovery or other directive under the authority of such court, administrative agency, governmental inquiry or process in connection with any proceeding or investigation in which you or any of your affiliates, officers, directors, agents, employees, or subcontractors is involved. Whether or not such notice is given by you, you shall directly assist Earlylight in Earlylight’s attempt to reduce the burdens of compliance with any such directives, and you shall reimburse any and all reasonable expenses incurred by Earlylight and its affiliates in complying with any such directive, including, but not limited to, attorneys’ fees and Earlylight’s outside counsel attorneys’ fees for representation and advice, travel and lodging expenses at our then current hourly labor for such services.

Order of Preference

This Agreement governs your use and access to the Earlylight Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with Earlylight. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Website or within the Earlylight Technology, conflicts with any provision of your other agreements with Earlylight, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement.

The Earlylight Technology contains links to other web sites (“Third Party Sites”) controlled or offered by third parties (non-affiliates of Earlylight). Earlylight is not responsible for the content, accuracy or opinions expressed on such Third Party Sites and such sites are not investigated, monitored or checked for accuracy or completeness by Earlylight. Earlylight hereby disclaims any and all liability for, any information, materials, and products or services posted or offered at any of the Third Party Sites. By creating a link to Third Party Sites, Earlylight does not endorse or recommend any products or services offered or information contained at Third Party Sites, nor is Earlylight liable for any failure of products and services offered or advertised at those sites. Such third parties may have a privacy policy different from that of Earlylight and Third Party Sites may provide less security than Earlylight. Without limiting the foregoing, the Earlylight Technology may contain offers from Earlylight for products and services that may be obtained only by linking to the merchant web site to complete the transaction. Terms of the offer shown on the Earlylight Technology, including, but not limited to, price, quantity, availability and description may vary from those shown on the merchant’s web site. Differences in the terms of an offer between what is displayed in connection with the Earlylight Technology and what is offered at the merchant website will be governed by the terms shown on the merchant’s website. Earlylight is not responsible or liable for any such differences or discrepancies.

Revisions and Consents

Earlylight reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. Earlylight also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the Earlylight Technology (including, but not limited to, on this Website). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Website or via electronic notice as described above. By continuing to enter this Website and/or using the Earlylight Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.

Forward-Looking Statements

The Earlylight (including, but not limited to, this Website) may make forward-looking statements concerning Earlylight’s future performance. Such statements are subject to risks and uncertainties that may cause Earlylight’s actual performance to differ materially from that set forth in such forward-looking statements. Words such as “believe,” “expect,” “anticipate,” “intend,” or similar expressions are intended to identify forward-looking statements. Such statements speak only as of the date on which they are made. Earlylight undertakes no obligation to update publicly or revise any such statements. Factors that could cause Earlylight’s actual financial and other results to differ materially from those projected by Earlylight in forward-looking statements include, but are not limited to, competition, economic conditions, delinquencies and credit losses, interest rate increases, availability of funding and securitization, customer behavior, new products and markets, growth, legal and regulatory.

Entire Agreement

This Agreement constitutes the entire agreement between you and Earlylight with respect to the subject matter addressed herein, and governs your access to and use of the Earlylight Technology, superseding any prior agreements between you and Earlylight relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with Earlylight pursuant to your enrollment and/or participation in other features of the Earlylight Technology.

Arbitration

Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the parties are unable to agree on the arbitrator. Arbitration shall take place in the City of Baltimore in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).

General Provisions

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.

Earlylight’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. Earlylight may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Earlylight. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.

For record keeping purposes, Earlylight encourages you to print this Agreement and the ancillary documents described herein.

You agree that this Agreement, combined with your act of using the Website and/or the services offered on or through the Website have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement.

Created: June 22, 2015