Terms & Conditions
Welcome to Illuminous.com (Illuminous LLC), who
provide website features to you subject to the following conditions. If
you visit or shop at Illuminous.com, you accept these conditions. Please
read them carefully. In addition, when you use any current or future Illuminous.com
service or business (e.g., Your account, Gift Cards, Vouchers) you also will be
subject to the guidelines, terms and agreements ("Terms") applicable
to such service or business. If these conditions are inconsistent with such
Terms, the Terms will control.
PRIVACY
Please review our Privacy Notice, which also
governs your visit to Illuminous.com, to understand our practices.
ELECTRONIC
COMMUNICATIONS
When you visit Illuminous.com 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. 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.
COPYRIGHT
All content included on this site, such as text,
graphics, logos, button icons, images, audio clips, digital downloads, data
compilations, and software, is the property of Illuminous.com or its content
suppliers and protected by United States and international copyright laws. The
compilation of all content on this site is the exclusive property of Illuminous.com
and protected by U.S. and international copyright laws. All software used on
this site is the property of Illuminous.com or its software suppliers and
protected by United States and international copyright laws.
TRADEMARKS
ILLUMINOUS.COM, and other Illuminous.com
graphics, logos, page headers, button icons, scripts, and service names are
trademarks, registered trademarks or trade dress of Illuminous.com in the U.S.
and/or other countries. Illuminous.com's trademarks and trade dress may not be
used in connection with any product or service that is not Illuminous.com's, in
any manner that is likely to cause confusion among customers, or in any manner
that disparages or discredits Illuminous.com. All other trademarks not owned by
Illuminous.com that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by Illuminous.com.
LICENSE AND SITE ACCESS
Illuminous.com grants you a limited license to
access and make personal use of this site and not to download (other than page
caching) or modify it, or any portion of it, except with express written
consent of Illuminous.com. This license does not include any resale or
commercial use of this site or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of this site or
its contents; any downloading or copying of account information for the benefit
of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of Illuminous.com.
You may not frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout, or form)
of Illuminous.com without express written consent. You may not use any meta
tags or any other "hidden text" utilizing Illuminous.com's name or
trademarks without the express written consent of Illuminous.com. Any
unauthorized use terminates the permission or license granted by Illuminous.com.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of Illuminous.com so long as the link does not
portray Illuminous.com, or its products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any Illuminous.com
logo or other proprietary graphic or trademark as part of the link without
express written permission.
YOUR ACCOUNT
If you use this site, 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. Illuminous.com 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 Illuminous.com only with involvement of a parent or guardian. Illuminous.com
reserves the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS,
COMMUNICATIONS, 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. Illuminous.com
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 Illuminous.com 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 Illuminous.com 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 Illuminous.com for all claims resulting from content you
supply. Illuminous.com has the right but not the obligation to monitor and edit
or remove any activity or content. Illuminous.com takes no responsibility and
assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Illuminous.com 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.
Illuminous.com (Illuminous LLC) shall not be
liable for any special, indirect, incidental, or consequential damages,
including without limitation, lost revenues or lost profits, which may result
from the use of these materials. We also reserve the right to replace/change
the products from the ones shown on the site without prior notice, and to alter
the special offers or prices at any time.
We provide the information in this web site
solely for informational purposes. Clinical judgment and common sense may
obviate certain information in these notes at varying times and circumstances.
Specific medical advice will not be provided, and we urge you to consult with a
qualified health care professional to discuss both the advantages and risks of
using these products and for answers to your personal questions.
This site has been made as secure as possible.
However, "security" is relative and an ever-changing landscape, and
therefore always fraught with danger. While every attempt is made at keeping
tight security, no guarantees are made or implied by Illuminous.com (Illuminous
LLC)
PRODUCT DESCRIPTIONS
Illuminous.com attempts to be as accurate as
possible. However, Illuminous.com does not warrant that product descriptions or
other content of this site is accurate, complete, reliable, current, or
error-free. If a product offered by Illuminous.com itself is not as described,
your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price
displayed for products on our website 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 is a
comparative price estimate and may or may not represent the prevailing price in
every area on any particular day. For certain items that are offered as a set,
the List Price may represent "open-stock" prices, which means the
aggregate of the manufacturer's estimated or suggested retail price for each of
the items included in the set. Where an item is offered for sale by one of our
merchants, the List Price may be provided by the merchant.
With respect to items sold by Illuminous.com, 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 an item's
correct price 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.
DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ILLUMINOUS.COM ON AN
"AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE
SPECIFIED IN WRITING. ILLUMINOUS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS
OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, ILLUMINOUS.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ILLUMINOUS.COM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM ILLUMINOUS.COM
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ILLUMINOUS.COM WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM
ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, 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.
APPLICABLE LAW
By visiting Illuminous.com, you agree that the
laws of the state of Florida, 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 Illuminous.com.
DISPUTES
Any dispute relating in any way to your visit to
Illuminous.com or to products or services sold or distributed by Illuminous.com
or through Illuminous.com in which the aggregate total claim for relief sought
on behalf of one or more parties exceeds $7,500 shall be adjudicated in any
state or federal court in Pinellas County, Florida, and you consent to
exclusive jurisdiction and venue in such courts.
SITE POLICIES,
MODIFICATION, AND SEVERABILITY