These Terms of Use (the “Terms”) apply to the websites of Digital Lumens, Inc. (“DL”) and its subsidiaries (collectively, the “Sites”). The Sites are the property of DL and its licensors. By accessing the Sites, you agree to abide by these Terms. If you do not agree to these Terms, do not use the Sites.

Site Content

All content on the Encelium Sites is owned by or licensed to Digital Lumens, Inc. and protected by the United States and international intellectual property laws. No right, title, or interest in or to the Sites or Content is transferred to you and all rights are reserved by Digital Lumens, Inc. and its licensors.

These Terms permit you to use the Sites and Content for your personal, non-commercial, informational use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as follows:

  • Your computer may temporarily store copies of the Content incidental to your accessing and viewing those materials.
  • If we provide applications for download, you may download a single copy to your device, subject to the application’s terms of use or license agreement.
  • If we make Content available for download, you may download a single copy for your personal, non-commercial informational use and not for further reproduction, publication, or distribution.

You must not:

  • Alter the Content in any way, reverse engineer any code, or create derivative works from the Content;
  • Delete or alter any copyright, trademark, or other proprietary rights notices or security features from any Content;
  • Use our names or trademarks as any part of any domain name, hyperlink, metatag, or other software code;
  • Use any Content for commercial use with our written consent.

If authorized by Digital Lumens, Inc. in writing, any usage of content obtained from the Sites must include a legible copyright notice in the form “© Digital Lumens, Inc. 2021. All rights reserved worldwide.”

Certain content on this website, including product images and trademarks, may be owned by third parties and licensed to Digital Lumens, Inc. In these instances, there may be additional or different restrictions or credit requirements.

Third-Party Sites and Content

The Sites may contain links to unaffiliated third-party websites (“Third-Party Sites”) over which Digital Lumens, Inc. has no control. These links are provided solely as a convenience to you. Digital Lumens, Inc. does not endorse any company or products associated with the Third-Party Sites and assumes no responsibility or liability for them.

All statements or opinions expressed in materials provided by Third-Parties are solely the opinions and the responsibility of the person or entity providing those materials. Digital Lumens, Inc. is not responsible or liable for the content provided by any Third Parties.

You may not establish a link to any Site in such a way as to suggest any form of association, approval, or endorsement without Digital Lumens, Inc.’s expressed written consent.

The Sites may provide certain social media features that enable you to:

  • Link from your own or Third-Party Sites to certain content.
  • Send communications with certain Content or links to certain Content.
  • Cause limited portions of Content on this Site to be displayed or appear to be displayed on your own or certain Third-Party Sites.

You may use these features solely as they are provided by us and solely with respect to the content with which they are displayed. Access to these features may be subject to third-party terms of use. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
  • Link to any part of the Site other than the homepage.

You agree to cooperate with us in terminating any unauthorized framing or linking. Digital Lumens, Inc. may withdraw linking permission and disable any social media features and any links at any time without notice.

Indemnification

You agree to indemnify and hold harmless Digital Lumens, Inc., its officers, directors, employees, agents, subsidiaries, and affiliates, from any and all third-party claims, demands, loss, liability, or expenses (including attorneys’ fees) arising out of your use of the Sites and Content, your violation of the Terms, or your violation of the rights of another.

Changes and Updates

Digital Lumens, Inc. reserves the right, to make changes or updates to the Sites, the Content, and these Terms at any time and without notice. Your continued use of the Sites and Content shall indicate your acceptance of the amended Terms.

Registration and Privacy

In order to access some of the services on these Sites, you may require a separate account and password. By registering, you agree that all information provided is complete, true, and accurate. You are responsible for any activity conducted through your account. Digital Lumens, Inc. Privacy Policy applies to the collection, use, and disclosure of your personal information through your use of the Sites, and its terms are incorporated by reference.

User Contributions

The Sites may contain interactive features that allow users to post, submit, publish, display or transmit content or materials (“User Contributions”).

Any User Contribution will be considered non-confidential and nonproprietary. By providing a User Contribution, you grant Digital Lumens, Inc. and our affiliates and service providers an irrevocable, royalty-free, worldwide, perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties such material for any purpose and in any format or medium.

You warrant that: (1) you own or control all rights in and to the User Contributions; and (2) your User Contributions comply with these Terms and applicable law. Digital Lumens, Inc. is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user.

Unsolicited Idea Submission Policy

Digital Lumens, Inc. does not accept or consider unsolicited ideas, including ideas for new or improved products, manufacturing processes, materials, marketing techniques, advertising strategies, website layout, or product names. We kindly request that you do not submit any unsolicited ideas, suggestions, or other creative materials (“Unauthorized Submissions”) in any form to Digital Lumens, Inc. or any of its employees. This policy seeks to avoid the potential for misunderstandings that might otherwise arise when products that are the result of Digital Lumens, Inc. ongoing development efforts might appear somewhat similar to Unauthorized Submissions sent to Digital Lumens, Inc.. If despite our request, you still submit an Unauthorized Submission, the following terms shall apply to your submission: (1) your entire submission immediately becomes the property of Digital Lumens, Inc., without any compensation to you; (2) Digital Lumens, Inc. has no obligation to keep your submission confidential; (3) Digital Lumens, Inc. may use or further distribute the entire submission for any purpose whatsoever and in any way it deems proper; and (4) Digital Lumens, Inc. has no obligation to review the submission, return it to you, or notify you in any way.

Site Restrictions

In accessing or using the Sites, you shall not:

  • Violate any law;
  • Post any obscene, defamatory, misleading or “false light”, offensive or illegal content;
  • Infringe any intellectual property, proprietary or publicity right;
  • Use any robot, spider, or other automatic devices, process, method, or means to monitor or access the Sites for any purpose without Digital Lumens, Inc. consent;
  • Upload any content that could damage or interfere with the operation of the Sites, third-party sites, or associated servers and networks;
  • Distribute unsolicited advertising, promotional material, or e-mails (“spam”);
  • Falsify or manipulate personal or device identifiers in order to conceal your identity or the origin of any content;
  • Interfere with, disrupt, or attempt to gain unauthorized access to restricted information on the Sites, the servers and networks connected to the Sites, or violate the policies of those networks;
  • Probe, scan or test the vulnerability of the Sites or any network connected to the Sites, or breach the security of the authentication measures on the Sites or any network connected to the Sites without Digital Lumens, Inc. consent; or
  • Use any device, software, or method to interfere, or attempt to interfere with, the proper working and use of the Sites or third-party sites.

You agree that Digital Lumens, Inc. at its sole discretion and without prior notice may terminate, suspend, or block your access to the Sites if Digital Lumens, Inc. determines that you have violated the Terms or acted in a way that is detrimental to the operation of the Sites, other users, or the reputation or business of Digital Lumens, Inc. and its affiliates. Digital Lumens, Inc. reserves the right but does not have the obligation, to remove any materials it deems objectionable without any notice to you.

Notice of Infringement

Digital Lumens, Inc. respects the intellectual property of others. If you believe any copyright or trademark or other property rights have been infringed by a posting on any Site, you should send a notification to our Designated Agent (identified below) immediately.

The notification must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated agent for notice of claims of infringement can be reached as follows:

DIGITAL LUMENS, INC.

Attn: Director of Operations

374 Congress Street, Boston, MA 02210 USA

Upon receipt of a notice of a claim of infringement, we may immediately remove the identified materials from the Site without liability to you or any other party.

Important Notice Concerning Product Information

The Content, including product descriptions, specifications, and other information, is provided for general information purposes only and is not a representation or warranty as to the suitability of a product for any particular application or use.

We do not have the same degree of knowledge that the purchaser has with respect to the intended use or application of our products. Therefore, it is up to the purchaser to make his own determination as to the suitability of a product for the intended application or use and to assume responsibility for that determination.

It is Digital Lumens, Inc.’s desire to supply the best possible products at all times. For this reason, Digital Lumens, Inc. may change or discontinue its product and service offerings at any time and without notice. Digital Lumens, Inc. does not guarantee that any product or service listed or described in the Sites or Content will be available at the time of order.

Digital Lumens, Inc. welcomes your feedback regarding our products and services. Please use the designated tools or sections of the Sites for providing feedback. Any feedback you provide through the Sites shall be deemed to be non-confidential. Digital Lumens, Inc. shall be free to use such information on an unrestricted basis.

Disclaimer of Warranties

The sites and content are provided “as is” and “with all faults.” You assume full responsibility and risk for your use of the Sites and Content. Digital Lumens, Inc. disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement.

Injunctive Relief

You agree that any misuse of the Sites or Content may cause irreparable harm to Digital Lumens, Inc. for which money damages would not be sufficient. Digital Lumens, Inc. may seek injunctive relief to stop such misuse or potential misuse in addition to any other remedies it may have at law or equity.

Governing Law

You agree that all disputes and claims relating to your access and use of the Sites and Content shall be governed by the laws of the United States and the Commonwealth of Massachusetts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are expressly excluded. You further agree: (i) to personal jurisdiction by the state and federal courts of Massachusetts, (ii) agree that the state and federal courts having jurisdiction over and located within Suffolk County, Massachusetts shall be the exclusive venues for all disputes, and (iii) to waive any objection to such jurisdiction and venue. Each party irrevocably and unconditionally waives any right to a trial by jury in any legal action arising out of these terms or use of the sites.

Limitation of Liability

In no event will Digital Lumens, Inc. be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, arising out of or in connection with your use of the sites or content, even if Digital Lumens, Inc. has been advised of the possibility of such damages.

The laws of certain jurisdictions do not allow for the exclusion or limitation of implied warranties and certain liabilities or waiver of rights. Some or all of the above exclusions or limitations may not apply to you.

Digital Lumens, Inc. makes the Sites and Content available to you at no cost based in part upon the foregoing limitations of liability. Your sole remedy against Digital Lumens, Inc. for any claim relating to your use of the Sites or Content is to stop using the Sites or Content.

Miscellaneous

These Terms set forth the entire understanding between you and Digital Lumens, Inc. regarding your use of the Sites and Content and supersede any prior or contemporaneous agreements, understandings or communications, relating to such use. If any provision of these Terms is made or found to be unenforceable or illegal, the provision shall be eliminated or limited to the minimum extent so that the remaining provisions of the Terms will remain enforceable.

Any failure by Digital Lumens, Inc. to enforce or exercise any right or provision of these Terms will not waive future enforcement or exercise of that right or provision.

If you have any questions about these Terms, this website, or your dealings with Digital Lumens, Inc. through this website, feel free to Contact Us.

Copyright © 2021 Digital Lumens, Incorporated. All rights reserved.

Digital Lumens, the Digital Lumens logo, We Generate Facility Wellness, SiteWorx, LightRules, Lightelligence, Encelium, the Encelium logo, Polaris, GreenBus, and any other trademark, service mark, or tradename (collectively “the Marks”) are either trademarks or registered trademarks of Digital Lumens, Inc. in the United States and/or other countries, or remain the property of their respective owners that have granted Digital Lumens, Inc. the right and license to use such Marks and/or are used herein as nominative fair use. Due to continuous improvements and innovations, specifications may change without notice.

Digital Lumens, Inc.
374 Congress Street, 6th Floor
Boston, Massachusetts 02210

Digital Lumens Holdings Ltd.
55 Renfrew Drive
Markham, ON L3R 8H3, Canada

Last Updated On: April 13, 2021