TERMS OF SERVICE
Last Modified: October 28, 2024
THIS TERMS OF SERVICE AGREEMENT (“Agreement”) constitutes a legally binding agreement by and between Tri-State Illumination, LLC, a limited liability company organized under the laws of Kentucky (“Tri-State Illumination”) and the client, whether personally or on behalf of an entity (“Client”), with respect to the services provided by Tri-State Illumination, including the leasing, installation, and maintenance of holiday lights, event lighting, and residential lighting services (collectively, “Services”), as well as the access and use of Tri-State Illumination’s website: https://www.tristateillumination.com (the “Website”).
By accessing or using the Website or engaging in Services, the Client agrees to adhere to these terms. If the Client does not agree to all terms herein, they must immediately cease use of the Website and/or the Services. However, any payment obligations for Services rendered prior to termination shall remain due and payable.
Table of Contents
1. Intellectual Property Rights
2. Lease of Lighting Equipment
3. Ownership of Design and Installation
4. Service Limitations and Maintenance
5. Client Representations
6. Prohibited Activities
7. Client Feedback
8. Privacy Policy
9. Returns & Refunds
10. Modification
11. Connection Interruptions
12. Governing Laws
13. Litigation
14. Disclaimer
15. Limitation of Liability and Indemnification
16. User Data
17. Electronic Communications, Transactions, and Signatures
18. Showcasing Design Work
19. Referrals
20. Miscellaneous
21. Contact Information
1. INTELLECTUAL PROPERTY RIGHTS
The Website, including all content, designs, trademarks, and logos, is owned by Tri-State Illumination. All rights are reserved. No content may be reproduced, distributed, or used for commercial purposes without prior written consent.
2. LEASE OF LIGHTING EQUIPMENT
Tri-State Illumination provides holiday lighting and other installations on a lease basis. All leased equipment remains the property of Tri-State Illumination. The Client is responsible for the care of leased equipment during the lease period and shall notify Tri-State Illumination of any damage or malfunction. Upon completion of the lease period, all equipment must be returned or removed by Tri-State Illumination. Any damage beyond normal wear and tear may result in additional charges to the Client.
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3. OWNERSHIP OF DESIGN AND INSTALLATION
While Tri-State Illumination retains ownership of the lighting equipment, any custom design or installation created for the Client belongs to the Client, provided all fees are paid in full. Clients may not modify, reproduce, or redistribute these designs for commercial use without written approval.
4. SERVICE LIMITATIONS AND MAINTENANCE
Tri-State Illumination offers installation, maintenance, and removal services for the duration of the lease. While every effort is made to ensure proper functioning, Tri-State Illumination is not liable for interruptions due to weather, external damage, or other factors beyond its control. Maintenance requests must be submitted promptly to ensure timely repairs.
5. CLIENT REPRESENTATIONS
The Client represents that they are authorized to engage in this Agreement, will comply with all applicable laws, and will not use the Services or Website for unlawful purposes.
6. PROHIBITED ACTIVITIES
The Client shall not tamper with leased lighting equipment, attempt to reverse-engineer installation methods, or use the equipment in a manner that violates safety guidelines. Additionally, the Client agrees not to use the Website for unauthorized commercial activities.
7. CLIENT FEEDBACK
Any feedback or suggestions provided by the Client regarding the Website or Services becomes the property of Tri-State Illumination. Tri-State Illumination is not obligated to keep this feedback confidential.
8. PRIVACY POLICY
Client information is protected in accordance with Tri-State Illumination’s Privacy Policy. Use of the Website or engagement in Services constitutes consent to data handling as described therein.
9. RETURNS & REFUNDS
All sales of Services, including equipment leasing, are final. Refunds are provided only in cases of failure to deliver services as agreed. Refund requests will be evaluated on a case-by-case basis.
10. MODIFICATION
Tri-State Illumination reserves the right to modify the Website, Services, or these terms at any time. Continued use constitutes acceptance of any modified terms.
11. CONNECTION INTERRUPTIONS
Tri-State Illumination cannot guarantee uninterrupted access to the Website or Services due to potential interruptions from maintenance, technical issues, or other factors beyond its control.
12. GOVERNING LAWS
These Terms of Service shall be governed by the laws of Kentucky, without regard to conflict of law principles.
13. LITIGATION
Any legal action related to this Agreement shall be brought in the courts of Kentucky. The parties consent to jurisdiction in these courts.
14. DISCLAIMER
The Website and Services are provided “as-is.” Tri-State Illumination disclaims all warranties, including implied warranties of merchantability and fitness for a particular purpose.
15. LIMITATION OF LIABILITY AND INDEMNIFICATION
Tri-State Illumination is not liable for any indirect, consequential, or incidental damages. The Client agrees to indemnify Tri-State Illumination against any claims arising from the Client’s use of the Services or Website.
16. USER DATA
The Client is responsible for data transmitted during use of the Website or Services. Tri-State Illumination is not liable for data loss or corruption.
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
The Client consents to receive electronic communications and agrees that such communications satisfy legal requirements for written communications. The Client consents to electronic signatures and transactions.
18. SHOWCASING DESIGN WORK
Tri-State Illumination reserves the right to use images and descriptions of completed projects for marketing purposes, unless a written agreement states otherwise.
19. REFERRALS
Referral tracking and payouts are managed through third-party platforms.
20. MISCELLANEOUS
This Agreement constitutes the entire understanding between the Client and Tri-State Illumination. If any provision is found unenforceable, the remaining provisions shall remain in effect.
21. CONTACT INFORMATION
For questions or complaints, contact Tri-State Illumination at: legal@tristateillumination.com.