Terms of Service

PTY Lighting

We are PTY LIGHTING LLC, doing business as PTY and PTY Custom Lighting, a company registered in New Jersey, United States at 500 N Union Ave, Cranford, NJ 07016. We operate the website http://www.ptylighting.com, as well as any other related products and services that refer or link to these terms.
‍

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

One of PTY’s Services is the providing of a compendium of designs to be used as resource for architects, designers and others in the lighting industry to familiarize themselves with different types of lighting designs that have been or could be created(the “Library”). PTY and/or third-parties, may own copyright, patents or other intellectual property in the designs in the Library.

Accordingly, use of any of the designs other than for general inspiration and knowledge may prohibited.

2. Intellectual Property Rights

PTY is the owner or the licensee of intellectual property rights in some of our Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services, as well as the trademarks, service marks, and logos contained therein. Unauthorized use, sharing, or reproduction of these materials is strictly prohibited.

Unauthorized Sharing Protection

1. Access to designs and related content is restricted to users with approved accounts. By accessing this platform, users agree to adhere to confidentiality requirements and not to share or distribute proprietary materials.

2. 3D files and other proprietary data are only provided upon specific request and under explicit conditions prohibiting sharing or redistribution.

3. PTY Lighting reserves the right to seek all available legal remedies in the event of a breach, including but not limited to injunctions, damages, or penalties for unauthorized access or distribution of its intellectual property.

Misc.

1. Prices, line items, and ready-for-sale products are not available directly through this platform. All designs are custom and subject to change prior to final approval for production.

2. Any materials, colors, finishes, or other elements specified in designs are indicative examples only and subject to variation or modification.

Indemnification

You agree to defend, indemnify and hold harmless PTY and its affiliates and their respective distributors, together with their respective employees, consultants and agents, as applicable, and their successors and assigns, from and against all liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Site, your breach or alleged breach of these Terms of Service, or your breach or alleged breach of any intellectual property or other proprietary rights of third parties that may occur through your use of the Site and the Library.

Limitation Of Liability For Use Of The Library

In no event shall PTY, together with their respective employees, consultants and agents, as applicable, and their successors and assigns, be liable for damages or losses of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Library, third-party software and/or third-party hardware used with the Library, or otherwise in connection with any provision of the Terms of Service), under any legal theory, arising out of or in any way connected with the use or performance of the Library, with the delay or inability to use the Library or related services, the provision of or failure to provide services, or for any content or services obtained through the Library, even if PTY, its affiliates or their distributors have been advised of the possibility of damages and even if the possibility of damages is otherwise foreseeable.

Some states of the United States do not allow the exclusion of implied warranties or limitation of liability for certain damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Disclaimer of Warranties

You acknowledge and agree that PTY provides no warranty for products inspired from our Library, or that the content therein is free to use, modify, copy or otherwise use. PTY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Additionally, we provide no warranty or undertaking, and make no representation of any kind that the services provided through the Library will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

PTY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

Governing Law and Arbitration

These Terms of Service and conditions and the agreement they create shall be governed by and interpreted according to the laws of the State of New Jersey without applying the State’s conflict-of-law principles. You consent to the subject matter and personal jurisdiction, proper forum, and proper venue of the courts of New Jersey and the United States District Court for the District of New Jersey.

ANY USER OF THE SITE EXPRESSLY WAIVES THE RIGHT TO JURY TRIAL OF ANY ISSUE.  EXCEPT AS PROHIBITED BY LAW, ANY DISPUTE OR CLAIM ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN EFFECT AT THE TIME OF THE DISPUTE OR CLAIM. THE ARBITRATOR SHALL HAVE THE POWER TO RULE ON HIS OR HER OWN JURISDICTION, INCLUDING ANY OBJECTIONS WITH RESPECT TO THE EXISTENCE, SCOPE, OR VALIDITY OF THE ARBITRATION AGREEMENT OR TO THE ARBITRABILITY OF ANY CLAIM OR COUNTERCLAIM. THE ARBITRATION WILL BE HELD BEFORE THE AAA TRIBUNAL IN THE NEW JERSEY REGIONAL OFFICE MOST CLOSELY LOCATED TO PTY’S ABOVE BUSINESS ADDRESS.

Waiver and Severability

No waiver by PTY of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PTY to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, unenforceable or otherwise contrary to law, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and PTY and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to PTY’s Services.

‍Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

ptylighting.com
100 Hoffman Place
Hillside, New Jersey 07205
United States
info@pty.lighting