Terms & Conditions, Privacy Policy, Service Agreement
Agreement Between The User and www.LightsUpToday.com
Welcome to www.LightsUpToday.com. The www.LightsUpToday.com website (the “Site”) is comprised of various web pages operated by Lights Up Today www.LightsUpToday.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.LightsUpToday.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.LightsUpToday.com is an E-commerce Site
To provide excellent Holiday Light Installation Services to our loyal customers.
Electronic Communications
Visiting www.LightsUpToday.com or sending emails to Lights Up Today constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Lights Up Today does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.LightsUpToday.com only with the permission of a parent or guardian.
Links to Third-party Sites/Third Party Services
www.LightsUpToday.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Lights Up Today and Lights Up Today is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Lights Up Today is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lights Up Today of the site or any association with its operators.
Certain services made available via www.lightsuptoday.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.LightsUpToday.com domain, you hereby acknowledge and consent that Lights Up Today may share such information and data with any third party with whom Lights Up Today has a contractual relationship to provide the requested product, service or functionality on behalf of www.LightsUpToday.com users and customers.
No unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.LightsUpToday.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Lights Up Today that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Lights Up Today or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Lights Up Today content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Lights Up Today and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Lights Up Today or our licensors except as expressly authorized by these Terms.
Third-Party Accounts
You will be able to connect your Lights Up Today account to third-party accounts. By connecting your Lights Up Today account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated, and administered by Lights Up Today from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Lights Up Today Content accessed through www.LightsUpToday.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Lights Up Today, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Lights Up Today reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lights Up Today in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LIGHTS UP TODAY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LIGHTS UP TODAY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LIGHTS UP TODAY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIGHTS UP TODAY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIGHTS UP TODAY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Lights Up Today reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lights Up Today as a result of this agreement or use of the Site. Lights Up Today’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Lights Up Today’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Lights Up Today with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lights Up Today with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lights Up Today with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Lights Up Today Inc. reserves the right, in its sole discretion, to change the Terms under which www.LightsUpToday.com is offered. The most current version of the Terms will supersede all previous versions. Lights Up Today encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Lights Up Today welcomes your questions or comments regarding the Terms and Conditions.
Lights Up Today Inc.
2711 N Sepulveda Blvd #1004, Manhattan Beach, CA 90266
Email Address:
Info@LightsUpToday.com
Telephone number:
(310) 356-9577
Effective as of January 1, 2024
Online Privacy Policy
As of 12/1/2020
Lights Up Today (Lights Up) values its users’ privacy. This Privacy Policy (“Policy”) will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with Lights Up Today of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards.
We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time Lights Up Today decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.
This Policy applies to Lights Up Today, and it governs any and all data collection and usage by us. Through the use of www.lightsuptoday.com, you are therefore consenting to the data collection procedures expressed in this Policy.
Please note that this Policy does not govern the collection and use of information by companies that Lights Up Today does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected.
Specifically, this Policy will inform you of the following
- What personally identifiable information is collected from you through our website;
- Why we collect personally identifiable information and the legal basis for such collection;
- How we use the collected information and with whom it may be shared;
- What choices are available to you regarding the use of your data; and
- The security procedures in place to protect the misuse of your information.
Information We Collect
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This website collects various types of information, such as:
• Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.
In addition, Lights Up Today may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.
Lights Up Today may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public.
Why We Collect Information and For How Long
We are collecting your data for several reasons:
- To better understand your needs and provide you with the services you have requested;
- To fulfill our legitimate interest in improving our services and products;
- To send you promotional emails containing information we think you may like when we have your consent to do so;
- To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so;
- To customize our website according to your online behavior and personal preferences.
The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and
Use of Information Collected
Lights Up Today does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties.
Lights Up Today may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.lightsuptoday.com
Lights Up Today may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
Lights Up Today uses various third-party social media features including but not limited to Instagram, Facebook, Google, Yelp and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within Lights Up Today’s control.
Disclosure of Information
Lights Up Today may not use or disclose the information provided by you except under the following circumstances:
- as necessary to provide services or products you have ordered; in other ways described in this Policy or to which you have otherwise consented;
- in the aggregate with other information in such a way so that your identity cannot reasonably be determined;
- as required by law, or in response to a subpoena or search warrant;
- to outside auditors who have agreed to keep the information confidential; as necessary to enforce the Terms of Service;
- as necessary to maintain, safeguard and preserve all the rights and property of Lights Up Today.
Non-Marketing Purposes
Children under the age of 13
Lights Up Today’s website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
Unsubscribe or Opt-Out
All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to info@lightsuptoday.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out.
Lights Up Today will continue to adhere to this Policy with respect to any personal information previously collected.
Links to Other Websites
Our website does contain links to affiliate and other websites. Lights Up Today does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites.
Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects personally identifiable information. This Privacy Policy Agreement applies only and solely to the information collected by our website.
Notice to European Union Users
Lights Up Today’s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.
Security
Lights Up Today takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for
“https” at the beginning of the address of the webpage.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information. In addition, Lights Up Today is a licensee of TRUSTe. The website is also secured by VeriSign.
Acceptance of Terms
By using this website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you agree and acceptance of such changes.
How to Contact Us
If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.
Email: info@lightsuptoday.com
Telephone Number: 310-357-9577
Mailing Address:
Lights Up Today
2711 N Sepulveda BIvd, #1004,
Manhattan Beach, California
90266
Service Agreement
This Contract is made effective as of 12/1/2020 by and between Lights Up Today™(LUT), of Los Angeles, California 90245, (Holiday Light Installation), and Home/Business Owner.
Initial Quote: LUT quotes are subject to/may change once the installer is on-site and views the property in person. Additional installations will be quoted on-site. We will not use or tamper or adjust any customer-owned material for liability purposes.
Deposit:
We require a 50% deposit for installations. No further charges will be made to the debit/credit card account until the final installation price is confirmed and following completion.
Payment:
The customer will be INVOICED IMMEDIATELY following installation. If an invoice is requested; We allow 7 Business Days to complete payment.
Late Fees:
Payments NOT received within 7 business days from completion of work are subject to a 15% LATE FEE.
Rescheduling/Cancellation Fees:
We allow 72 HOURS in advance to reschedule or cancel your appointment. Cancellations under 72 HOURS will subsequently forfeit their initial deposit and or cancellation fees.
Insufficient Funds/Chargebacks:
A Fee of $100 will be charged for chargebacks or insufficient funds on checks or debit/credit cards as that is the fee we have to pay from our banking institution.
Service:
Lights Up Today (LUT) reserves the right to refuse service to any property deemed unsafe by LUT. Pricing includes 1. Use of a stated quantity of lights and electrical accessories from the installation date through no later than the end of January the following year. 2. Single-time installation of lights according to a layout planned and approved by the homeowner. LUT will fasten light strands to gutters or rooflines using eco-friendly disposable clips. LUT is not responsible for paint chipping due to highly oxidized or deteriorating paint on fascia boards. LUT cannot guarantee consistent light bulb orientation due to the twisting nature of light strands. LUT also reserves the right to take and use photographs or videos of the customer’s property for marketing and media purposes. LUT is FULLY-INSURED up to $1,000,000.
Electricity:
The property owner or point of contact must provide LUT clear access to safe and adequate electricity commensurate with the volume of lights requested by the customer. LUT will require enough free circuits to successfully handle the electrical load of the lighting package. High-wattage devices such as refrigerators or hair dryers must not be tethered to the lighting package circuits. LUT will not be held responsible for inadequate, faulty, or overloaded electrical sources at the place of service. If circuit breakers frequently need to be reset, this is often an indication of inadequate power supply and may require a service call to locate additional clean circuits and redistribute power. Customers may be required to provide electrical connections from inside the house. Customers requesting large lighting packages may need to consult with their electrician to provide additional power sources commensurate with package needs. Persistent moisture such as rain will create an increase in electrical resistance up to double the load of the lighting package in dry weather.
Maintenance:
LUT will test all lighting at the completion of installation and will leave the project fully functional. Maintenance is included in the total price. Severe weather conditions such as excessive wind or rain may cause light displays to malfunction. For any instances such as: tampering by animals such as chewing through wires, Changes made by customers such as tethering personal lights to LUT lights, Changes made by landscapers/gardeners, i.e. unplugging the power source to get to the destination, etc. may result in an additional maintenance fee. Restrictions apply to service calls requested between Christmas Eve and Christmas Day.
Removal:
LUT will return in the month of January to remove the specified installed lighting and decorations; unless otherwise noted. Removal is included in the total price.