TERMS AND CONDITIONS OF USE
Last updated: February 24, 2023
Please read these Terms and Conditions of Use which consists of terms, conditions, policies, and notices (“Terms”, “Terms and Conditions of Use”) carefully before using the www.northstarlight.net website and its information, tools, and services (the “Service”) operated by NorthStarlight, LLC (“NorthStarlight”, “us”, “we”, or “our”).
Please read these Terms and Conditions of Use carefully before accessing or using our website. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. If you disagree with any part of the Terms after reviewing them, then you may not access the website or use the Service.
By visiting, accessing, purchasing from, or using the Service you accept and agree to be bound by:
- These Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink; and
These Terms and Conditions of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, contributors of content, and/or others who access or use the Service. If these Terms and Conditions of Use are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the website shall also be subject to the Terms and Conditions of Use. You can review the most current version of the Terms and Conditions of Use at any time on this page. We reserve the right to modify these Terms and Conditions of Use from time to time and at any time, without notice, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website and the posting of any such update shall be deemed to be notice. It is your responsibility to check this page periodically for these changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes without reservation.
Our website is hosted through WordPress. They provide us with the online e-commerce platform that allows us to sell our products to you through the Service.
Your data is stored through WordPress’s data storage, databases, and the WordPress application. Your data is stored on a secure server behind a firewall. We are not responsible for any loss caused due to any data breach or hacking of this site.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms and Conditions of Use, you represent that you are at least the age of majority:
- In your state or province of residence; or
- In your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, infringement of trademark, copyright or patent laws (See also Section 13 – Intellectual Property).
You must not transmit any worms, or viruses spyware, malware, trojan horses or any other software or method utilizing malicious code or otherwise or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your use of the Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse use of the Service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us (See also Section 13 – Intellectual Property).
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the in our sole and exclusive discretion of us. We reserve the right to discontinue any product at any time without notice. Any offer for any product service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. However, we do stand behind our products according to our Return Policy.
SECTION 6 – ACCOUNT INFORMATION AND ACCURACY OF BILLING
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Orders and Billing
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to an order or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may employ third-party service providers and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services, to provide tools, or to assist us in analyzing how our Service is used over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which any tool is provided by the relevant third-party provider.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions of Use.
SECTION 8 – THIRD-PARTY LINKS
Our Service may contain links to third-party websites or services that are not owned or controlled by NorthStarlight.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
NorthStarlight has no control over, and assumes no responsibility for nor warrants nor makes representations about, the content, privacy policies, or practices of these third-party websites or services. You further acknowledge and agree that NorthStarlight, LLC and any related entities shall not be responsible or liable, directly or indirectly, for any damage, loss or harm related to or caused or alleged to be caused by or in connection with use of or reliance on any such content, resources, goods, services or any other transactions available on or through any such websites or services. Links provided by NorthStarlight to any such websites are provided solely for your convenience if provided at all and should not be assumed or deemed to imply that NorthStarlight endorses such websites or the content of such websites.
We strongly advise you to read the terms and conditions, privacy policies, and cookie policies of any third-party web sites or services that you visit and prior to engaging in any transaction with any such third party.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Additionally, while you may, as a matter of convenience, link to our website, it is expected that such link is for a legal purpose and does not infringe upon any intellectual property or other rights, nor does it damage our reputation or purport to be associated with NorthStarlight, LLC, or a related entity, without our express written consent (See also Section 13 – Intellectual Property).
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole and exclusive discretion to be prohibited under Section 12-Prohibited Uses below.
You agree that your Comments will comply with Section 12-Prohibited Uses below.
You agree not to use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to, at any time without prior notice (including after you have submitted your order), correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service, or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in this Terms and Conditions of Use, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, worms, spyware, malware, trojan horses or any other software or method utilizing malicious code or otherwise that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses or any part of the Terms and Conditions of Use.
SECTION 13 – INTELLECTUAL PROPERTY
These Terms permit the use of this website for non-commercial, personal use, and you are strictly prohibited from reproducing, copying, modifying, distributing, selling, creating derivative works of, republishing, downloading, storing, transmitting, replicating, performing or displaying any of the contents of this website. This website and the contents thereof are protected by intellectual property laws including, but not limited to, copyright, trademark, patent, and trade secret laws. Protected contents owned by NorthStarlight, or related entities, shall include, but not be limited to, all information, software, programming back-end code, artwork, text, product descriptions, graphics, images, videos, and audio. Such protections also extend to any third-party content licensed to us.
You further agree that NorthStarlight, or a related entity, or its licensors, owns all proprietary rights in and to the NorthStarlight® and Tronex® brands, names, logos, trademarks, service marks, trade dress, copyrights, and other intellectual property related to the Products. NorthStarlight, or a related entity, reserves all other intellectual property rights to any technology, process, or product used, disclosed, or described on the Service.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that the use of the Service is at your sole risk, and the Service is provided on an “AS IS” and “AS AVAILABLE” basis.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice.
THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED TO YOU “AS IS,” FOR YOUR INTERNAL OR PERSONAL INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL NORTHSTARLIGHT, OR ANY RELATED ENTITY, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THIS WEBSITE OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA IT OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF NORTHSTARLIGHT, OR ANY RELATED ENTITY, IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Please see NorthStarlight’s Product Disclaimer, Warranty and Limitation of Liability.
All information contained within this website is subject to change without notice. While every effort has been made to ensure that this website is helpful and accurate, due to the nature of consistent updating, we cannot guarantee the accuracy, reliability, or completeness of all content.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless NorthStarlight, LLC and our parent, related entities, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party, or for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms and Conditions of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, intellectual property rights, and limitations of liability. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Use, we also may terminate this agreement at any time without notice, we may deny you access to our Services (or any part thereof), and you will remain liable for all amounts due up to and including the date of termination or after termination if you contravened our prior termination.
SECTION 18 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Use and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Use).
Any purchases from the Service prior to the commencement of or following the termination of a written contract or agreement with NorthStarlight, LLC, or a related entity, shall be exclusively governed by the Terms and Conditions of Use.
Any ambiguities in the interpretation of these Terms and Conditions of Use shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
These Terms and conditions of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without giving effect to its conflict of law principles.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms and Conditions of Use at any time at this page.
We reserve the right, in our sole and exclusive discretion, to update, change or replace any part of these Terms and Conditions of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions of Use constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms and Conditions of Use should be sent to us at [email protected].