Terms of Service
Terms of Service Contract
Introduction
FLC Distribution DBA Faven Lighting (“Faven Lighting,” “we,” “us,” or “our”) present these Terms of Service (the 'Terms', “Terms of Service”). Throughout this agreement, the customer may be referred to as “you”, “your”, “customer”, “consumer”, or “they”. The Terms govern your use of product(s) purchases and any website, mobile or tablet application, or other online service or platform of FLC Distribution LLC DBA Faven Lighting.
Binding Agreement
The Terms and all other legal notices, statements, or terms and conditions posted or made available to you on the Services constitute the entire agreement between FLC Distribution LLC DBA Faven Lighting and you. In the event any provision of these Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
The Terms of Service contract operates in conjunction with other legally binding contracts that have been put in place by you and Faven Lighting.
Please read the Terms carefully before purchasing our product(s) or using our Services. Your purchase or use of the Services means that you agree to be bound by the Terms. Do not purchase our product(s) if you do not accept the Terms.
If you have any questions concerning this agreement you may contact Timothy Crowell at Info@FavenLighting.com
Last updated: November 24th, 2024
Intellectual Property Rights
"Faven Lighting Intellectual Property" shall include, but shall not be limited to, the Work Product produced by the Services pursuant to this Agreement, Faven Lighting’s name, logo, marketing plans and all other materials, website design, processes, specifications, and other intellectual property of Faven Lighting.
By agreeing to these terms of service, you acknowledge and agree that all intellectual property rights, by Faven Lighting are and shall remain the exclusive property of Faven Lighting. You agree not to reproduce, modify, distribute, or create derivative works based on such intellectual property without express authorization from Faven Lighting.
Limitation of Liability
To the fullest extent permitted by law, in no event shall Faven Lighting or its affiliates, officers, employees, agents, contractors, suppliers, or licensors be liable for any indirect, incidental, special, consequential, lost profits, lost revenues, personal injury, lost business opportunities, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service, materials, product(s) (including software) or other services included on or otherwise made available to you through any Faven Lighting Service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service and/or produce; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
In no event shall Faven Lighting's aggregate liability for all claims relating to the service exceed the amount paid by you to Faven Lighting.
Warranty Disclaimer
Faven Lighting's Warranty:
The company warrants the mechanical and electronic components of certain product(s) and guarantees the materials and workmanship free of defects if used under normal operating conditions, for a period of five (5) years from the original date of the purchase. If you find that there are any defects with this product that relate to either the workmanship or the materials but are not due to improper use or user error, the company shall, at its discretion, either replace or repair the product using the appropriate new or reconditioned parts. In the case that the company decides to replace the entire product, the date of the limited warranty shall apply to the replacement from the date of the purchase of the initial product for five (5) years.
Except as represented in the above agreement, all work product by Developer is provided “AS IS”. Other than as stated and provided in the above agreement, Faven Lighting makes no other warranties, express or implied, and hereby disclaims all implied warranties, including any warranty of merchantability and warranty of fitness for a particular purpose.
These Services are provided "as is". We make no representation or warranty of any kind whatsoever to you or any other person relating in any way to the Services, including any part thereof, of any website or other content or service that may be accessible directly or indirectly through the Services.
No Guarantee Disclaimer
The products provided by Faven Lighting are offered on an "as is" and "as available" basis. Faven Lighting makes no representations or warranties of any kind, express or implied, as to the operation of our products, or the information, content, materials, or products included in the service, outside of the five (5) year warranty outlined in the User Manual. Faven Lighting will not be liable for any damages of any kind arising from the use of our product, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
By using our product(s), you agree to waive any and all claims against Faven Lighting regarding the quality, accuracy, or reliability of the product(s). You acknowledge that Faven Lighting does not guarantee the accuracy, completeness, or usefulness of any information on the product(s) and that you rely on the product(s), at your own risk. You further acknowledge and agree that Faven Lighting is not responsible for any loss or damage resulting from the use of the product(s), or any educational content posted on or through the company's social media channels/pages.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
YouTube, Social Media & Copyright Disclaimer
Fair Use Copyright Notice
This video is under Fair Use. Copyright Disclaimer Under Section 107 of the Copyright Act of 1976: Allowance is made for "Fair Use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. All rights and credit go directly to its rightful owner. No copyright infringement intended.
Limit of Liability
This content is for educational purposes only and is not intended to be a substitute for professional cultivation advice. Faven Lighting is not responsible for the accuracy, completeness, or usefulness of the information. Faven Lighting does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product, or process disclosed. Faven Lighting is not liable for any damages of any kind arising from the use of the educational content, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Under no circumstances will Faven Lighting be responsible or liable or liable in any way for any content, including but not limited to, any errors or omissions in the content, or for any loss or damage of any kind incurred as a result of any content communicated in any of Faven Lightings videos, whether by Faven Lighting or a third party. In no event shall Faven Lighting be liable for any special, direct, indirect, consequential, or other damages whatsoever resulting from loss of use, data, or profits arising out of or in connection with the availability, use, or performance of any information communicated in any of Faven Lighting’s videos. Due to factors beyond the control of Faven Lighting, we cannot guarantee against improper use or unauthorized modification of this information. Faven Lighting assumes no liability for property damage or personal injury incurred as a result of any of the information contained in any of Faven Lighting’s videos. Use this information at your own risk. Faven Lighting recommends safe practices when performing any do-it-yourself projects, product installation, and or with tools seen or implied in any of Faven Lighting’s videos. Due to factors outside of Faven Lighting, no information contained in any of Faven Lighting’s videos shall create any expressed or implied warranty guarantee of any particular result. Any injury, damage, or loss that may result from improper use of these tools, equipment, or from the information contained in any of Faven Lighting’s videos is the sole responsibility of the user, and not of Faven Lighting.
Third-Party Disclaimer
We reserve the right to edit or remove any comments from this page.
Disclaimer for Music
Please note no copyright infringement is intended, and Faven Lighting does not own any rights to the music played within any videos.
Testimonial Disclaimer
Testimonials appearing on FavenLighting.com or company social media channels are received via, text, audio, or video submission. They are individual experiences, reflecting the real-life experiences of those who used our products and/or services. However, individual results may vary. We do not claim, nor should the reader assume, that any individual experience recounted is typical or represents or guarantees that anyone will achieve the same or similar results.
The testimonials displayed (via text, audio, and/or video) are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public.
Governing Law, Jurisdiction, and Jury Trial Waiver
These Terms and any dispute, claim, and/or controversy ("Dispute") that in any way relates to or arises in connection with these Terms or your relationship with Faven Lighting are governed by and shall be construed in accordance with the laws of the state of California, except to the extent preempted by or inconsistent with federal law. Further, you and Faven Lighting agree to the exclusive jurisdiction of the federal or state courts located in California, to resolve any Dispute that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
To the fullest extent permitted by applicable law, the parties agree to waive any right to a jury trial.
Arbitration/Dispute Resolution
You and Faven Lighting agree that any Dispute between you and Faven Lighting (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by binding individual (not class) arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
A party who intends to seek arbitration must first send a written notice of the Dispute ("Notice") to the other. Notices to Faven Lighting must be sent by email to Info@Faven Lighting.com. All Notices must: (1) be personally signed by the party sending the Notice; (2) describe with specificity the nature and basis of the Dispute; and (3) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it.
After a Notice containing all of the information required above is received, the parties agree to engage in good faith for a period of sixty (60) days in an effort to resolve the Dispute (this time period may be extended by agreement of the parties) ("Informal Resolution Period"). The party receiving the Notice may request a telephone or video settlement conference during the Informal Resolution Period in an effort to facilitate resolution of the Dispute ("Informal Settlement Conference"). The Informal Settlement Conference, if any, will take place at a mutually agreeable time, which can be after the sixty (60) day Informal Resolution Period if needed to accommodate the parties' schedules. During the Informal Settlement Conference, you and a Faven Lighting representative must both personally participate in a good-faith effort to resolve the Dispute without the need to proceed with arbitration. Any counsel representing the parties also may participate. Personal participation in an Informal Settlement Conference will not be required if both you and Spotify agree in writing.
The Notice, Informal Resolution Period, and Informal Settlement Conference are intended to give the parties a meaningful opportunity to resolve Disputes informally. If any aspect of this "Pre-arbitration notice of dispute and informal resolution period" section has not been met, the parties agree that a court can enjoin the filing or prosecution of an arbitration and, unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration nor demand fees in connection with such an arbitration. Notwithstanding the foregoing, a party retains the right to raise non-compliance with the requirements of this section and seek appropriate relief in arbitration.
Each party retains the right to request a hearing in arbitration from the arbitrator. Any arbitration hearings will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be at an agreed-upon locale.
If in the process of arbitrating or litigating a Dispute this Arbitration Agreement is invalidated in whole, the parties agree that they may seek to resolve the Dispute in a U.S. small claims court or in the federal or state courts of California, consistent with the "Governing law, jurisdiction, and jury trial waiver" section above. To the fullest extent permitted by applicable law, each party may bring a Dispute against the other party only in an individual capacity and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. Regarding claims that involve parties outside the United States, the parties involved in the sale agree that California state law will be applied and that any claims brought against FLC Distribution DBA Faven Lighting will be brought in the state of California. Faven Lighting does not agree to be subjected to jurisdiction outside of California solely based on sales of Faven lights.
Other Key Policies
Cookie, Marketing & Privacy Policy
Introduction
Welcome to Faven Lighting. Your privacy is important to us. This policy outlines how we collect, use, disclose, and protect your information across our services, including our website, mobile application, and other online services. By using our services, you consent to the practices described in this policy.
Information We Collect
We may collect and process the following data about you:
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Personal Information: Name, email address, phone number, and other contact details.
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Usage Information: Information about how you use our services, including your IP address, browser type, and browsing behavior.
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Transactional Information: Details of products you have purchased from us.
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Marketing and Communications Information: Your preferences in receiving marketing from us and your communication preferences.
How We Use Your Information
We use the information we collect for various purposes, including to:
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Provide and maintain our services.
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Process transactions and send related information, such as purchase confirmations and
invoices.
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Improve our services and develop new products.
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Communicate with you about promotions, upcoming events, and other news about products and services offered by Faven Lighting.
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Monitor and analyze trends, usage, and activities in connection with our services.
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Personalize our services and provide advertisements, content, or features that match user profiles or interests.
SMS Marketing
By providing your mobile phone number, you consent to receive SMS messages from us. These messages may include information about your orders, updates on new products, promotional offers, and other relevant information. You can opt out of receiving these messages at any time by following the instructions provided in the SMS messages or by contacting us directly.
Cookie Policy
Our website uses cookies to enhance your browsing experience. Cookies are small data files stored on your device that help us understand how you use our site and improve your user experience. By using our website, you consent to our use of cookies. You can manage your
cookie preferences through your browser settings. However, disabling cookies may affect the
functionality of our website.
Marketing Communications
We may send you marketing communications if you have consented to receive such
information. This may include information about our products, special offers, and events. You
can opt out of receiving these communications at any time by clicking the unsubscribe link in the emails or by contacting us directly.
Data Sharing and Disclosure
We do not sell or rent your personal information to third parties. We may share your information
with:
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Service providers who perform services on our behalf.
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Business partners with whom we collaborate to offer products and services.
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Legal authorities if required by law or to protect our rights.
Data Security
We implement appropriate technical and organizational measures to protect your personal
information against unauthorized access, loss, or destruction. However, please note that no
method of transmission over the Internet or method of electronic storage is 100% secure.
Your Rights
You have the right to access, correct, or delete your personal information held by us. You also
have the right to object to or restrict certain types of processing of your personal information.
To exercise these rights, please contact us using the contact details provided below. Please note that consumer information will be subject to the laws of the United States of America, regardless of the country from which your data originates.
Changes to This Policy
We may update this policy from time to time to reflect changes in our practices or legal
requirements. We will notify you of any significant changes by posting the new policy on our
website and, where appropriate, by other means.
Contact Us
If you have any questions or concerns about this policy or our data practices, please contact us
at:
Company name: FLC Distribution DBA Faven Lighting Company
Address:
10398 Rockingham Dr. Ste 7
Sacramento CA, 95827
Contact information: info@favenlighting.com
By using our services, you acknowledge that you have read and understood this policy and
agree to be bound by its terms and conditions.
SMS Marketing Policy
Effective Date: May 31st, 2024____________
Note: This Policy is for SMS Marketing Only
We value your privacy and make every effort to respect your wishes and personal information. In line with this commitment, we have established the following policy for the use of our SMS marketing service. Please read it carefully to understand how we collect, use, and manage your phone numbers. By using this Service, you agree to the terms of this policy.
Collection of Phone Numbers
We collect your phone numbers only when you voluntarily provide them to us, for example, during transactions, inquiries, or when you sign up for our promotional messages. You do not need to make a purchase to subscribe to these SMS messages. You can opt-in to receive these SMS messages either by expressly consenting to receiving these SMS messages in an email to Faven Lighting or clicking on the welcome pop-up (which shows to new users) or in the checkout by checking your SMS sign-up and providing your phone number.
Collection of Personal Information
“Personal Information” is the information that individually identifies you, such as the mobile phone number you provided when signing up for the messaging service. We may collect Personal Information about you using technologies such as cookies, web beacons, pixels, and other similar technologies to automatically collect certain information from your device including, for example, your IP address, date and time of your visit, browser, and operating system information, referring website address, and other information about how you interact with the website. Our website may also use cookies and similar technologies to enhance your user experience and enable certain features such as keeping track of items you put in your shopping cart.
Use of Phone Numbers for SMS
Your phone numbers are primarily used to provide you with personalized services, updates, and promotional offers. These text messages may relate to our products, services, discounts, upcoming events, or any updates that we think may interest you. We may also provide special discounts or offers through SMS messages. SMS messaging charges may be applied by your carrier. We will only share your phone number with our SMS provider, subject to their privacy policy. We use Klaviyo to send all SMS communications to users who have opted in. Please view Klaviyo's privacy policy here https://www.klaviyo.com/legal/privacy/privacy-notice with information on how they use user information.
Use of Information to Third Parties
Your information will only be shared with third parties if it is applicable to complete your transactions to purchase Faven lights for inventory and shipping purposes. FLC Distribution LLC DBA Faven Lighting does not sell your information to third parties.
Opting Out of Marketing Messages
If at any time you wish to stop receiving marketing SMS from us, you can opt out by:
-Texting STOP to opt out;
-Texting STOPALL to opt out;
-Texting UNSUBSCRIBE to opt out;
-Texting CANCEL to opt out;
-Texting END to opt-out; or
-Texting QUIT to opt-out
Please note that the opt-out process may take up to 10 business days to become effective. During this period, you may still receive some messages from us.
Help Needed Through SMS Messages
Once subscribed, if at any time you need help or information from us, you can:
-Text HELP; or
-Text INFO
A link to our email address will be provided through an SMS Message for further assistance.
Privacy of Phone Numbers
Once you have opted out, we will not send you any more SMS messages, nor will we sell or transfer your phone number to another party.
Access to Promotions and Discounts
You do not need to sign up for SMS Messages to receive information about current promotions. Current promotions can be found on the Faven website as well. Codes and promotions are available for a limited time and may be changed or removed at any time.
Changes to this policy
We may periodically update this policy. This Policy, and any changes, are effective as soon as they are posted. Your continued use of the Service following the posting of any changes to the Policy constitutes your full acceptance of those changes.
We thank you for your understanding and cooperation. If you have any questions or concerns about this policy, please feel free to contact us via email at info@favenlighting.com.
URL link to policy: https://favenlighting.com/pages/sms-marketing-policy
Return, Exchange & Refund Policy
The customer has a 10-day discrepancy period from the date of delivery to reach out to Faven Lighting regarding any issues or damage with the product or shipping, or if they would like to refund and/or exchange the product for other reasons.
If the customer notices damage or any issues with the product(s) within the 10-day discrepancy time frame, the customer should immediately reach out to RMA@FavenLighting.com for assistance. Faven Lighting monitors this email regularly and will respond in a timely manner to all inquiries.
Faven Lighting will send the customer the corresponding documents that the customer will need to thoroughly fill out, in order to initiate either an RM/RMA claim or exchange/refund for other reasons. The information that is asked within these documents will allow Faven Lighting the ability to locate the customer's invoice and see which items were purchased, understand what issue the customer is having, and provide the appropriate resolution.
Once the customer has filled out the information requested on the form above, Faven Lighting will investigate and determine if the item is covered under warranty. If the product does not have any manufacturing or shipment damage, and the customer would simply like to exchange or refund the product, Faven Lighting reserves the right to exchange and/or refund product(s) based on Faven Lighting's discretion. Shipping charges applied to the original purchase are non-refundable. For exchanges or returns, additional fees may apply.
Faven Lighting will then initiate communication with the customer regarding additional information that’s needed (if applicable), or to provide the next steps on the exchange/refund or RA/RMA process.
If Faven Lighting has determined that the stated issue is covered under warranty (Warranty Disclaimer) then we will exchange the quantity of the damaged product and will cover the shipping costs to send the replacement items. For all RA/RMA claims and/or exchanges/refunds, please allow 3-4 weeks for resolution.
Payment and Shipping Policy
Payment
For retailer customers, payment or deposit is required upfront unless an alternative arrangement has been mutually agreed upon between the company and the customer. Accepted forms of payment include cash, wire transfer, debit card, and credit card.
The payment terms for distributors will be specified in individual contracts between the company and the respective distributor.
Shipping