Use of site

Tambient authorizes you to view and download the materials at this website (“Site”) only to obtain information about Tambient products and services, which information may only be used for the purpose of evaluating Tambient’s products for use in particular applications. You must retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way. Your may not reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; provided, however, that, subject to the Terms, you may incorporate the materials contained in this Site into plans, specifications, proposals and designs that call for the use of Tambient products. Use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Disclaimers

THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Tambient’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. Tambient further does not warrant the accuracy and completeness of the materials at this Site. Tambient may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and Tambient makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult Tambient for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Limitation of liability

IN NO EVENT WILL TAMBIENT, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT TAMBIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ARISING FROM YOUR USE OF THE MATERIALS, INFORMATION AND SERVICES CONTAINED ON THIS SITE. IN ADDITION, IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Use of software

Any software that is made available to download from this Site is the copyrighted work of Tambient and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software (“License Agreement”). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.

User submissions

Tambient does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication (“Communications”) you transmit or post to this Site will be considered non-confidential and non-proprietary. Tambient will have no obligations with respect to the Communications. Tambient and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to Tambient for the purpose of receiving products or services will be handled in accordance with the Tambient online privacy statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Links to third-party websites

Links on this Site to third-party websites may be provided solely as a convenience to you. If you use these links, you will leave this Site. Tambient has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, Tambient does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.

Linking to this site

You may create links to this Site from other sites; provided, however, that any links must be directed to the top-level home page and not to any other pages. Links to this Site must also comply with the Guidelines set forth below, with any other conditions that Tambient may from time to time specify and with all applicable laws.

Trademarks

Tambient and lighting at work are registered trademarks of Sylvan R. Shemitz Designs, Inc.

Patents

Some of the fixtures depicted on this Site may be protected by patents and patents pending.

Reservation of intellectual property rights

Tambient expressly reserves all intellectual property rights, including but not limited to copyright, authorship right, trademark, design right, patent, publicity right and moral rights, in the information, presentations, creations, products, processes or technology which appear on this Site.

U.S. government restricted rights

This Site contains confidential computer software and technical data. A valid License from Tambient is required for possession, use, or copying. Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under Tambient’s standard commercial license terms.

Order and registration forms, and e-mail

This Site uses forms. The forms are used for a variety of purposes including without limitation the generation of e-mails used to submit order inquiries, registration information and other business processes and to provide information to entities and individuals using this Site. Tambient explicitly states that these forms do not constitute an agreement between Tambient and the person or entity submitting the form. Tambient expressly disclaims any and all liability whatsoever in relation to the delivery and processing of these forms and the information contained therein. Please contact Tambient via telephone or in writing for the most current information regarding Tambient and its products. E-mail that is sent to Tambient is transmitted via the Internet. Tambient is not responsible for any delays caused due to problems with the delivery of, processing of, or the security and privacy of e-mail.

Accuracy and completeness of site information

We take reasonable measures to ensure that the information contained on this Site is accurate, current, complete and reliable for its intended purpose. However, we do not warrant or otherwise guarantee the information set forth herein. You understand and acknowledge that Tambient, its suppliers and business partners are not liable for any damages suffered or purportedly suffered as a result of information or the lack of information on this Site

General

This Site is the private property of Tambient. Tambient reserves the right, in its sole and unfettered discretion to limit or prohibit your access to the Site.

Tambient administers this Site from its offices in West Haven, Connecticut. Tambient makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of laws.

Tambient may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Revised October, 2005

A site that links to a Tambient website, including this Site:
• May link to but not replicate Tambient content;
• Should not create a browser or border environment around Tambient content;
• Should not imply that Tambient is endorsing it or its products;
• Should not misrepresent its relationship with Tambient;
• Should not present false information about Tambient products or services;
• Should not use the Tambient logo without permission from Tambient; and
• Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups

Terms of use | Privacy policy | © Tambient 2005