see also: Privacy Statement
1. Agreement Between Intenze LED Lights and User
This is a binding agreement ("Agreement") between IntenzeLEDLights.com ("INTENZE" or “SITE”) and you, the user ("You", “you”, “YOU” or "Your", “your” or “YOUR”). INTENZE's Web Site, www.intenzeledlights.com (“INTENZE” or "SITE") is offered to You conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein. By using INTENZE's Web Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices in its entire and confirm that you have fully read, understand and agree to this document to use this SITE in anyway whatsoever.
3. No Professional Advice
The information and materials available through INTENZE's Web Site, including without limitation the INTENZE Web Services, is for informational and educational purposes only and is not a substitute for the professional judgment of health care, horticulture or agriculture = as well as medical cannabis patients in anyway. The medical, scientific and general information included on INTENZE's Web Site may reflect innovations and opinions not universally shared and does not necessarily reflect the view of INTENZE.
INTENZE AND INTENZE'S WEB SITE, INCLUDING WITHOUT LIMITATION INTENZE'S WEB SERVICES, DO NOT GIVE MEDICAL ADVICE, OR PROVIDE MEDICAL OR DIAGNOSTIC SERVICES TO MEDICAL MARIJUANA PATIENTS. YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH INTENZE'S WEB SITE, INCLUDING WITHOUT LIMITATION ON INTENZE'S WEB SERVICES, IS SOLELY AT YOUR OWN RISK.
4. Privacy Statement
5. Usage of INTENZE's Web site
As a condition of Your use of INTENZE's Web Site, You represent and warrant to INTENZE that You will not use INTENZE's Web Site for any unlawful purpose or in any manner prohibited by this Agreement's terms, conditions or notices.
You represent and warrant that You will not use INTENZE's Web Site in any manner which could damage, disable, overburden or impair INTENZE's Web Site or interfere with any other party's use and enjoyment of INTENZE's Web Site.
The INTENZE Members Only portion of INTENZE's Web Site ("Members Only Site") will be accessible only to dues paying members of INTENZE ("Members"). All Member information provided to INTENZE and posted on INTENZE's Web Site, including without limitation name, title, address, phone number, fax number, and email address, must be reasonably current, accurate and complete. If INTENZE at any time discovers any error or omission in the information You provide, INTENZE may in its sole discretion terminate Your right to access and use of the Members Only Site by any Member. You may not permit anyone other than Yourself to use Your INTENZE Member information to access any portions of INTENZE's Web Services which are restricted to Members only, and You are responsible for the acts or omissions by third parties who are under Your control for their use of the Members Only Site, and for any damages incurred by You as a result thereof.
INTENZE's Web Site may contain chat areas, forums, news groups, bulletin board services, information and other facilities ("INTENZE Web Services") that permit You to communicate with other INTENZE Members. You agree to use these INTENZE Web Site only to post, send and receive messages and materials that are appropriate and related to the facility or service. By way of example, and not as a limitation, You agree that when using INTENZE Web Site, You will not:
INTENZE has no obligation to screen or monitor INTENZE's Web Site; however, INTENZE reserves the right to review information or materials posted to INTENZE's Web Site, to remove any such information or materials in its sole discretion, and to use any other forms of information available to us by virtue of Your use of INTENZE's Web Site. INTENZE reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit or to remove any information or materials from INTENZE's Web Site, including without limitation any information or materials posted through use of INTENZE's Web Services, regardless of whether such material does or does not violate this Agreement or any of INTENZE's policies, guidelines, or other codes of conduct which are applicable to INTENZE's Web Site or in particular to one of INTENZE's Web Services.
INTENZE DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY OF INTENZE'S WEB SERVICES, AND INTENZE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO INTENZE'S WEB SERVICES. INTENZE DOES NOT ENDORSE OR OTHERWISE VERIFY THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED ON INTENZE'S WEB SERVICES UNLESS IT IS PROVIDED BY AN AUTHORIZED INTENZE SPOKESPERSON. ANY STATEMENTS MADE ON INTENZE'S WEB SERVICES REFLECT ONLY THE VIEWS OF THEIR AUTHORS, AND YOUR RELIANCE ON ANY SUCH CONTENT IS AT YOUR OWN RISK. INTENZE'S WEB SERVICES WILL BE MANAGED OR HOSTED BY EITHER EMPLOYEES OR MEMBERS OF INTENZE, WHO ARE NOT AUTHORIZED INTENZE SPOKESPERSONS, AND THEIR VIEWS OR ACTIONS IN MANAGING OR HOSTING INTENZE'S WEB SERVICES DO NOT NECESSARILY REFLECT THOSE OF INTENZE.
The Members Only Site is intended by INTENZE to require a user identification and password to access and use. Certain INTENZE Web Services may require additional codes. You are solely responsible for (1) maintaining the strict confidentiality of the user identification, passwords and codes ("Member Information") assigned to You; (2) charges, damages or losses that may be incurred or suffered as a result of Your or Your personnel's failure to maintain the strict confidentiality of Member Information; and (3) promptly informing INTENZE in writing of any need to deactivate or replace any Member Information due to security concerns. INTENZE is not liable for any harm related to the theft of Your Member Information, Your disclosure of Your Member Information, or Your authorization to allow another person or entity to access and use the Members Only Site using Your Member Information. You agree to notify INTENZE immediately as soon as You become aware of any unauthorized use of Your Member Information. Notice to INTENZE under this section of the Agreement may be accomplished by sending e-mail to firstname.lastname@example.org .
7. Product Information and Warranties
At INTENZE we advertise and offer for sale our products and other third party products. Unless indicated otherwise, most products and services featured on the site are available directly from or through INTENZE's Web Site. INTENZE has made a conscientious effort to display and describe its products and services on INTENZE's Web Site accurately so that You may preview their design and use. Furthermore, INTENZE is constantly improving its information, products and services. Consequently, INTENZE cannot and does not warrant or guarantee the accuracy or completeness of the information, including prices, product images, specifications, fitness for use, reliability, availability and services. Products and services are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturers or providers.
If a product offered by INTENZE on INTENZE's Web Site is not as described, your sole remedy is to return it pursuant to our Returns & Exchanges Policy and Guarantee. Warranty information regarding any products and services featured on INTENZE's
RECEIVING AN ORDER ACKNOWLEDGEMENT VIA E-MAIL DOES NOT GUARANTEE THE ACCEPTANCE OF AN ORDER. INTENZE RESERVES THE RIGHT TO LIMIT THE QUANTITY OF ITEMS ORDERED AND/OR REFUSE TO SELL TO ANY CUSTOMER FOR WHATEVER REASON.
ALL ITEMS PURCHASED FROM INTENZE 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, AND NOT INTENZE.
8. Copyright and Trademark Ownership, Notices and Infringement
All contents of INTENZE's Web Site are: Copyright ©2015-2016 INTENZE/IntenzeLEDLights.com. All rights reserved.
INTENZE's Web Site and the content displayed on INTENZE's Web Site and all software, data and information used to provide INTENZE's Web Site, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned and are proprietary to INTENZE, its affiliate and licensees and are protected by the copyright laws of the United States, Canada and other countries. The compilation of the content on INTENZE's Web Site is the exclusive property of INTENZE and is protected by the copyright laws of the United States, Canada and other countries.
INTENZE does not claim ownership of the individual materials or information You may provide to INTENZE, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions to INTENZE's Web Site including without limitation any of INTENZE's Web Services. However, if You provide such materials or information to INTENZE:
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from INTENZE's Web Site, without the prior written permission of INTENZE.
INTENZE grants You the limited and nonexclusive right and license to access or download content from INTENZE's Web Site solely for Your personal and non-commercial use and as necessary in connection with the use of any services available through INTENZE's Web Site. Except as expressly authorized in this Agreement, You may not modify, distribute, reproduce, display, or use INTENZE's Web Site or any elements thereof. All rights not expressly granted to You by us in this Agreement are reserved to INTENZE and You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted material from INTENZE's Web Site as authorized hereunder.
Any rights not expressly granted herein are reserved.
Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to INTENZE's names, logos, logotypes, trade dress, designs, or other trademarks.
Any rights not expressly granted herein are reserved.
Repeat Infringer Policy and Copyright Complaints:
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law INTENZE has adopted a policy of terminating, in appropriate circumstances and in INTENZE’s sole discretion, accounts deemed to be repeat infringers. INTENZE may also, in its sole discretion, limit access to the Web Site and/or terminate any account used in connection with the infringement of any intellectual property rights, whether or not there is repeat infringement. If you believe that any user of the Web Site or any account holder has engaged in repeat infringement of your copyrighted materials on or in connection with the Web Site, you may provide our designated agent with information about your allegations of repeat infringement.
If you believe in good-faith that anything on the Web Site infringes any copyright that you own or control, you may file a notification of alleged copyright infringement with our designated agent. To be effective, the notification must be a written communication that includes:
The alleged infringer may provide our designated agent with a proper counter-notification. To be effective, the counter-notification must be a written communication that includes the following information:
We suggest that you consult an attorney before sending us a notification or counter-notification.
Notifications and counter-notifications may be sent to our designated agent, at the following address: email@example.com
9. Links to Third Party Web Sites
INTENZE's Web Site may contain links to third party Web Sites. The third party Web Sites are not under the control of INTENZE, and INTENZE is not responsible for the contents of any third party Web Sites, and the inclusion of any link is as a convenience and does not imply endorsement by INTENZE of the sites or any association or relationship with its operators.
INTENZE reserves the right in its sole discretion to terminate Your access to INTENZE's Web Site, including without limitation INTENZE's Web Services, at any time without notice for any reason whatsoever.
Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to the representations and warranties contained herein.
11. Compliance With Applicable Laws
INTENZE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
12. General Disclaimers, Exclusion of Damages, Web Payments, Web Purchases and Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH INTENZE'S WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. INTENZE MAY MAKE IMPROVEMENTS OR CHANGES TO INTENZE'S WEB SITE AT ANY TIME. ADVICE RECEIVED VIA INTENZE'S WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.
INTENZE MAKES NO REPRESENTATIONS ABOUT INTENZE'S WEB SITE, INCLUDING, WITHOUT LIMITATION, INTENZE'S WEB SITE'S SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS FOUND ON OR THROUGH INTENZE'S WEB SITE. INTENZE PROVIDES INTENZE'S WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INTENZE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO INTENZE'S WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL PRODUCTS OR ITEMS FOUND ON THIS SITE DOES NT NECESSARILY MEAN THEY WERE MANUFACTURED OR BUILD FROM BEGINNING. SOME ITEMS MAY BE BUILT USING QUALITY PARTS AND ASSEMBLED BY INTENZE AND SOLD FOR THE VALUE OF THE PARTS AND NON-PROFIT SALE TO ITS BUYERS.YOU AGREE THAT IF YOU MAKE ANY PURCHASES ON THIS WEBSITE WHATSOEVER, OR EXCHANGE ANY CURRENCY WHATSOEVER, THAT YOU ARE JUST SIMPLY PAYING FOR THE PRODUCT AND AGREE THERE IS NO PROFIT OR OTHERWISE BEING COLLECTED BY INTENZE. YOU AGREE SOMETIMES PRODUCTS ARE ADVERTISED FOR MORE THAN THERE MATERIAL VALUE, AND WHEN YOU SEE THESE ITEMS AND PURCHASE THEM, YOU UNDERSTAND THE REMAINING MONEY OVER THE COST OF MATERIAL IS GIVEN BY YOU TO INTENZE AS A COMPLETE DONATION TO THE WEBSITE FOR COSTS OF OPERATING, ADMINISTRATING AND OFFERING HELP AND FREE BUILD SERVICES TO ITS VISITORS. YOU AGREE THAT NO PROFIT IS GIVEN OR MADE FROM ANY ITEMS ON THIS WEBSITE BY INTENZE OR ITS STAFF, MEMBERS OR ADMINISTRATORS. ANY AND ALL EXCHANGES OF MONEY, FUNDS OF ANY TYPE ARE STRICTLY GIVEN BY YOU THE USER TO INTENZE FOR COSTS OF OPERATION AND TOOLS AND DEVICES TO FURTHER CARRY ON THIS SERVICE USING YOUR DONTATIONS. IF THERE IS ANY MONEY REMAINING OVER THE COSTS OF YOUR ITEMS MATERIAL VALUE, YOU AGREE YOU ARE DONATING THE REMAINDER TO INTENZE FOR FUTURE DEVELOPMENT, WEB SERVERS AND COSTS TO OPERATE MULTIPLE SERVERS AND SEARCH OUT EXPERT VOLUNTEERS TO BUILD OR DESIGN ANY ITEMS ON THIS SITE. ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS FOUND ON OR THROUGH INTENZE'S WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF INTENZE'S WEB SITE IS TO DISCONTINUE USING INTENZE'S WEB SITE. IN NO EVENT AND UNDER ANY CIRCUMSTANCES WHATSOEVER SHALL INTENZE BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF INTENZE'S WEB SITE, WITH THE DELAY OR INABILITY TO USE INTENZE'S WEB SITE OR INTENZE'S WEB SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED ON OR THROUGH INTENZE'S WEB SITE, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF INTENZE'S WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INTENZE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALSO, AND IN PARTICULAR, IN NO EVENT SHALL INTENZE BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED ON OR THROUGH INTENZE'S WEB SITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON OR THROUGH INTENZE'S WEB SITE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to You.
YOU AGREE TO INDEMNIFY INTENZE FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) AND DAMAGES ARISING OUT OF CLAIMS BASED UPON YOUR USE OF INTENZE'S WEB SITE, INCLUDING WITHOUT LIMITATION ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE BY OTHER MEMBERS, AND THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS. INTENZE WILL NOTIFY YOU OF ANY CLAIM FOR WHICH INTENZE SEEKS INDEMNIFICATION AND WILL AFFORD YOU THE OPPORTUNITY TO PARTICIPATE IN THE DEFENSE OF SUCH CLAIM, PROVIDED THAT YOUR PARTICIPATION WILL NOT BE CONDUCTED IN A MANNER PREJUDICIAL TO INTENZE'S INTERESTS, AS REASONABLY DETERMINED BY INTENZE AT ITS SOLE DISCRETION.
14. Governing Law
This Agreement is governed by the laws of the Province of Ontario in the Country of Canada. You hereby consent to the exclusive jurisdiction and venue of courts in INTENZE primary web server location in Ontario Canada in all disputes arising out of or relating to the use of INTENZE's Web Site. Use of INTENZE's Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. All legal disputes, legal actions and legal proceedings of any type are agreed by both You and INTENZE to take place in the local or regional jurisdiction of the location of the SITE and/or INTENZE web servers.
15. No Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between You and INTENZE as a result of this Agreement or use of INTENZE's Web Site, including, without limitation, INTENZE's Web Services.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect and full force agreed by You and INTENZE.
17. Entire Agreement
Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and INTENZE with respect to INTENZE's Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and INTENZE with respect to INTENZE's Web Site, including without limitation to INTENZE's Web Services.
Notices given by INTENZE to You will be given by a general posting on INTENZE's Web Site or by an e-mail, if an e-mail address is available. Notices given by INTENZE to Members may also be given by conventional mail. Any Notices whatsoever to INTENZE must be sent to firstname.lastname@example.org email address as agreed by you and INTENZE.
INTENZE may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights as a Member without the prior written consent of INTENZE.
20. Captions and Headings
Captions and paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in construing it.
INTENZE ADMINISTRATION TEAM