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The Skylight Guy Terms & Conditions

Introduction

Welcome to our website. This Site is provided by SkylightGuys.com, LLC (referred to throughout this Site as "The Skylight Guy") as a service to our customers. Please review the following basic rules that govern your use of the The Skylight Guy website. Please note that your use of The Skylight Guy websites or "Site" constitutes your unconditional agreement to follow and be bound by these Terms & Conditions. Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms & Conditions, your use of this Site still binds you to these Terms & Conditions. The Skylight Guy reserves the right to update or modify these Terms & Conditions at any time without prior notice to you. For this reason, we recommend that you review these Terms & Conditions whenever you use this Site.

Use of this Site

By accepting these Terms & Conditions through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions. The Skylight Guy does not knowingly collect personal information about children under the age of 13 without prior parental consent. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms & Conditions on their behalf. If you are a parent or legal guardian agreeing to these Terms & Conditions for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

Please note that certain orders constitute improper use of The Skylight Guy and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion.

If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms & Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

All materials, including images, text, illustrations, designs, icons, photographs, downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of The Skylight Guy or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply The Skylight Guy's endorsement, sponsorship or recommendation of the third party, its information, products or services. The Skylight Guy is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Skylight Guy will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from The Skylight Guy on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Mozilla Firefox or Microsoft Explorer).

Order Acceptance

Please note that certain orders constitute improper use of The Skylight Guy and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Your order will not be processed until your payment method is authorized and received and the order information is verified for accuracy. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

Returns and Refunds

We offer a 30 day money-back guarantee, less the original cost of shipping and a 25% restocking fee. Additional restrictions apply. Please see our Return Policy for more details. The Return Policy is incorporated into these Terms & Conditions in its entirety.

Cancelling and Changing Orders

Please see our Cancellation Policy for details on changing and cancelling orders. The Cancellation Policy is incorporated into these Terms & Conditions in its entirety.

Pricing and Content Information

While The Skylight Guy strives to provide accurate pricing information, pricing or typographical errors may occur. The Skylight Guy cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, The Skylight Guy shall have the right, at The Skylight Guy's sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, The Skylight Guy may, at The Skylight Guy's discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

The Skylight Guy does not price match with any other online or offline retailer. We strive to maintain highly competitive prices and review them regularly in order to serve you with great values, every day.

Customers employing mobile devices to browse the Site may encounter pricing or availability information that is either outdated or inaccurate. Accordingly, pricing and availability remain subject to confirmation at checkout for mobile users.

Merchandise Content: The Skylight Guy attempts to be accurate in its product descriptions. However, The Skylight Guy does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.

Objectionable Content: You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that The Skylight Guy and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by The Skylight Guy, one of its affiliates or by third parties who have licensed their materials to The Skylight Guy and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of The Skylight Guy and is also protected by U.S. and international copyright laws.

The Skylight Guy and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of The Skylight Guy's or any third party's intellectual property rights.

The Skylight Guy names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of The Skylight Guy, LLC. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

User Reviews, Feedback, Submissions

For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to The Skylight Guy on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") you grant The Skylight Guy a royalty-free, irrevocable, transferable right and license to use the Comments however The Skylight Guy desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.

The Skylight Guy will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. The Skylight Guy is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms & Conditions or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

You grant The Skylight Guy the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify The Skylight Guy and its affiliates for all claims resulting from any Comments you submit. The Skylight Guy and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Colors

We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Indemnification

You agree to defend, indemnify and hold harmless The Skylight Guy and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms & Conditions.

Termination

These Terms & Conditions are effective unless and until terminated by either you or The Skylight Guy. You may terminate these Terms & Conditions at any time, provided that you discontinue any further use of this Site. The Skylight Guy also may terminate these Terms & Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in The Skylight Guy's sole discretion you fail to comply with any term or provision of these Terms & Conditions. Upon any termination of these Terms & Conditions by either you or The Skylight Guy, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms & Conditions or otherwise. The following sections shall survive any termination of these Terms & Conditions: "Comments," "Site Security," "Pricing and Content Information," "Copyrights and Trademarks," "User Reviews, Feedback and Submissions," "Indemnification," "Termination," "Disclaimer" "Limitation of Liability," "Privacy" and "General."

Disclaimer

THIS SITE IS PROVIDED BY THE SKYLIGHT GUY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SKYLIGHT GUY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SKYLIGHT GUY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE SKYLIGHT GUY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SKYLIGHT GUY WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS & CONDITIONS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

MERCHANDISE CONTENT DISCLAIMER: PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. THE SKYLIGHT GUY ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY THE SKYLIGHT GUY.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL THE SKYLIGHT GUY OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SKYLIGHT GUY WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE SKYLIGHT GUY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE SKYLIGHT GUY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

Privacy

You acknowledge that any personal information that you provide through this Site will be used by The Skylight Guy in accordance with The Skylight Guy's Privacy Policy. If you purchase an item on this Site, The Skylight Guy shares certain information with the manufacturers to permit the manufacturers to fulfill and ship your order, process returns and provide customer service. Please contact our manufacturers' for their privacy policy information.

Jurisdictional Issues

The Site is controlled and operated by The Skylight Guy from the United States, and is not intended to subject The Skylight Guy to the laws or jurisdiction of any state, country or territory other than that of the United States. The Skylight Guy does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to info@skylightguys.com. You may also contact us by calling us at (800) 900-0759. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.

Enforcement of Terms & Conditions

BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS & CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF ARIZONA, UNITED STATES OF AMERICA. The laws of the State of Arizona, without regard to Arizona’s choice–of–law principles, govern all matters arising out of or related to these Terms & Conditions. You agree that the exclusive forum and venue for any legal action arising out of or related to these Terms & Conditions shall be the United States District Court for the District of Arizona, and you submit to the personal jurisdiction of that court. If neither subject matter nor diversity jurisdiction exists in the United States District Court for the District of Arizona, then the exclusive forum and venue for any such action shall be the courts of the State of Arizona located in Maricopa County, and submit to the personal jurisdiction of that court.

Miscellaneous

These Terms & Conditions, including policies incorporated herein (e.g., Privacy Policy, Return Policy, Cancellation Policy and terms of sale), constitute the entire agreement between you and The Skylight Guy with respect to the Site. These Terms & Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Skylight Guy with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy, or failure to require the satisfaction of any condition under, these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Nothing in these Terms & Conditions creates a relationship of agent and principal, partners, joint venture or employer–employee between the parties, and no act or obligation of either party will in any way bind the other. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms & Conditions without our express prior written consent. We may also provide notice of changes to these Terms & Conditions by displaying such notices or by providing links to such notices. You agree that a printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

Contact Us

If you have any concerns about The Skylight Guy or your use of the Site, please contact us with a detailed description, and we will try to resolve it:

Telephone:  (800) 900-0759
Email:  [Contact The Skylight Guy Form]

Changes to The Skylight Guy Terms & Conditions

These Terms & Conditions were last updated on November 28, 2011. Please check our Terms & Conditions periodically for changes.