Site Terms and Conditions

By submitting the information requested and by clicking the "I Agree" button that references these site terms and conditions ("Site Terms and Conditions") when you register with the Web site www.holophane.co.uk/.eu.com/.de/holophane-envision.co.uk  ,you agree (collectively, “Site User,” "You" and "Your") that You have read and agree to use the Site in accordance with these Site Terms and Conditions and the Privacy Policy, which is described in Section 3 below. You should not click the "I Agree" button or otherwise register as a Site User or attempt to access the Site if You are not willing to be bound by and abide by these Site Terms and Conditions. Your clicking of the "I Agree" button also means that You represent and warrant that You are able to enter into legally binding contracts and that You are authorized by Your company (or other legal entity that You represent) to (i) use the Site; and (ii) to agree to these Site Terms and Conditions as a legally binding contract on behalf of You and Your company (or legal entity, as applicable) and to the Privacy Policy.


Section 1: Site

The Site contains certain pages providing content, information and educational materials regarding lighting products, the markets for the purchase and sale thereof, and related goods and services for those who register by submitting their name, company name, contact information, email address. You should not register as a visitor of the Site or attempt to access the Site if You are not willing to be bound by and abide by these Site Terms and Conditions.

This Site is owned by Acuity Lighting Group, Inc. ("Acuity"), which includes the lighting-related business Holophane Europe Ltd, among others. The ownership rights in such Content are described below.Participation in the Site as a Site User does not provide You with any ownership right in this Site, except as expressly provided in these Site Terms and Conditions. Except as otherwise expressly provided herein, all intellectual property rights associated with this Site – including, without limitation, Site presentation, Site organization and structure, visuals and graphics; user navigation; programming; software code; any copyrighted, trademarked and patented information and processes – are retained and reserved by Acuity and are Acuity’s sole and exclusive property.

Section 2: Content License and Restrictions

The Content provided in the Site represents valuable proprietary and intellectual property. Such Content is protected by any and all applicable international laws, rules, orders and regulations relating to intellectual or proprietary property. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any such Content, except as expressly permitted in these Site Terms and Conditions. Acuity grants You the limited, nonassignable, nontransferable license to display and print a single copy of the Content in connection with Your access to the Site for Your own internal use so long as You maintain and abide by any trademark, copyright or other proprietary notices on the Content and that are provided in these Site Terms and Conditions. Other than as specifically directed and allowed on the Site, any attempt to download, or to print, publish or maintain a significant portion of Content from the Site, to distribute copies of such Content, to modify or reuse the Content or to otherwise exploit the Content in violation of the intellectual property or proprietary rights of Acuity or others is strictly prohibited by these Site Terms and Conditions. Except as expressly permitted in this Section, You shall have no right to use any brand, logo, trademark or other mark of Acuity or any Acuity subsidiary or business division, such as Lithonia Lighting, Holophane or American Electric Lighting among others, without the express written permission of an authorized Acuity representative.

Section 3: Privacy Policy

The manner in which we collect and disseminate Visitor’s information is set forth in our Privacy Policy as updated from time to time and posted at http://www.holophane.co.uk/privacy.A link to the Privacy Policy can be found at the footer of each page of this Site. Our Privacy Policy does not apply to other Web sites and we can take no responsibility for the information collection or dissemination policies of third parties. Your use of the Site constitutes your and your company’s acceptance of our Privacy Policy, which is a condition to Your use of the Site, and you should not access the Site if you do not agree with the terms of our Privacy Policy.

Section 4: Use of the Site

You agree not to use the Site for any unlawful purpose or in anyway that might harm, damage, or disparage any other party. Without limiting the preceding sentence and by way of example, You agree not to:

  • Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, immoral or otherwise objectionable material or information;
  • Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the Site;
  • Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
  • Interfere with or disrupt the Site, networks or servers connected to the Site or violate the regulations, policies or procedures of such networks or servers;
  • Attempt to gain unauthorized access to the Site, logins and passwords of others, or computer systems and networks connected to the Site;
  • Permit anyone other than You to gain access to or use the Site, or Your logins and passwords;
  • Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (commercial or otherwise);
  • Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations; or
  • Reverse engineer, decompile or disassemble the Site or any of the software that is a part of the Site.

Without serving as limitation, You agree to:

  •  Comply with all notices, instructions and rules posted on the Site;
  • Implement all Internet access and all security procedures required to use the Site at the sole expense of Visitor; and

Section 5: Links to and/or from the Site

From time to time, the Site may contain links to third-party Web sites not controlled by Acuity. Acuity provides such links as a convenience to you, and in no way endorses such third party sites. You acknowledge and agree that Acuity Lighting is not responsible for any aspect of the information or content contained on any third party sites accessible or linked to the Site. You agree not to "frame" or "mirror" any content or information contained on or accessible from the Site without the prior written approval of Acuity or its licensors, as may be appropriate.

Section 6: Logins and Passwords – Envision

You will be required to create a unique login and password for access to Envision and to enter into agreements for Envision service. You are solely responsible for maintaining the privacy and security of the Login And Password Information and therefore You will be responsible for all actions on the Site that occur through the use of the Login And Password Information until forty-eight (48) hours after You notify Acuity, pursuant to the notice provisions hereunder, that such information must be changed or discontinued. You agree to immediately notify Holophane Europe ltd in writing by e-mail to security@holophane.co.uk of any potential breaches of secrecy of the Login And Password Information and of the departure of any employee with access to the Login And Password Information. Upon receipt of written notice regarding a security breach, Acuity agrees to issue new Login and Password Information to You by sending an email to Your registered email address.

Section 7: Electronic Agreement

At different points on the Site You may be prompted by a notice indicating that Your continuation with a particular process, submission or transmission of data, or otherwise taking some affirmative action such as clicking a particular button will constitute your "Electronic Agreement" means that You have indicated consent or agreement to any electronically displayed terms and conditions by using electronic means. You agree that You shall be legally obligated and bound, as Your binding contract, by any electronic terms and conditions for which You give indication of acceptance or assent to agree to or be bound by using an Electronic Agreement. You agree that the Electronic Agreement shall be deemed to satisfy all applicable legal requirements for a writing and for execution, including the requirements for introduction of the execution of an original writing into evidence in a court of law. You waive and agree not to assert any defense or assertion that the Electronic Agreement does not satisfy any of the Legal Requirements or that it is not a valid execution of a binding agreement. Acuity will maintain all appropriate records of Your Electronic Agreements as determined by Acuity. Acuity makes no representation, warranty or other guarantee regarding the enforceability of such Electronic Agreements in all jurisdictions and specifically reserves the right, for itself and other Site visitors, to require Your written signature if it deems such signature is useful or necessary to create a binding agreement in any particular jurisdiction or setting.

Section 8: Indemnity

You agree to indemnify and hold harmless Acuity, its Site visitors, directors, officers, employees, agents and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to legal and accounting fees) arising from resulting from all demands, lawsuits, claims, causes of action, and proceedings  arising from or in any way relating to each of the following: (i) Your use of the Site, (ii) content that You submit, post, or otherwise transmit to the Site, including without limitation via email to Acuity, (iii) Your violation of these Site Terms and Conditions or (iv) misuse of the Site by any of Your employees, contractors or agents. Acuity shall notify You promptly of any such Claim and shall assist You, at Your sole expense, in defending any such Claim. Notwithstanding the foregoing, You shall keep Acuity informed of the progress of any such Claim, and You shall not have the authority to admit any liability on the part of Acuity in connection with any such Claim and shall not enter into a settlement or resolution which admits liability or fault on the part of Acuity or fails to release Acuity from all claims and liability. If You fail to act against such Claims as provided herein, or Acuity otherwise reasonably believes that its position is or will be compromised through Your defense of the Claim, Acuity shall have the right to take appropriate legal action and You shall pay all expenses actually and reasonably incurred in connection therewith

Section 9: No Warranty

Acuity does not warrant that and Acuity is not obligated to ensure that this Site will operate free from error, delay or downtime or that this Site, or the information and content on this Site and its servers are free of computer viruses and other harmful codes. If Your use of the Site results in the need for servicing or replacing or recovering equipment, software or data, Acuity is not responsible for those costs.

You agree that use of the Site is at Your own risk. The Site and all information and content on the Site are provided on an "as is" basis without warranty of any kind. Except as otherwise expressed herein, to the fullest extent permitted by law, Acuity disclaims all warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability, noninfringement, quiet enjoyment, title, and fitness for particular purpose. Acuity makes no warranties about the accuracy, noninfringement, reliability, completeness, or timeliness of the content or information provided on the Site. Acuity makes no warranties that the site will be error free, available at or for any specific time, available in any specific location or jurisdiction or that it will be free from viruses, trojan horses or other disruption or harmful elements.

Within Envision, Holophane reserves the right to change the product specification at any time without prior notice. Images, colours and photographs are for general guidance only. They do not necessarily reflect the exact specification or feature of the product concerned. This should be checked via your local Holophane sales representative.

Section 10: Limitation of Liability

IN NO EVENT SHALL ACUITY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE SITE TERMS AND CONDITIONS AND YOUR USE OF THE SITE EXCEED FIVE HUNDRED DOLLARS ($500).

As otherwise permitted by applicable law, You hereby waive any state law that limits or prohibits a general release of liability.

Some states or jurisdictions do not allow the exclusion or limitation of certain damages or the disclaimer of certain warranties. The limitations and disclaimers provided in these site terms and conditions are intended to apply to the fullest extent allowable under applicable law.

Section 11: Confidentiality

In connection with Your use of the Site, Acuity may disclose to You certain Confidential Information. You acknowledge and agree that any Confidential Information is the sole and exclusive property of Disclosing Party (or a third party providing such information to Disclosing Party) and that Disclosing Party or such third party owns all worldwide rights therein under patent, copyright, trade secret, confidential information, or other tangible or intangible property right. Except as otherwise expressed in this Agreement, Recipient acknowledges and agrees that disclosure of the Confidential Information by Disclosing Party does not confer upon Recipient any license, interest or rights of any kind in or to the Confidential Information. You are permitted to use the Disclosing Party’s Confidential Information solely in connection with Your business purposes that relate to Acuity and the Site hereunder and shall not disclose the Disclosing Party’s Confidential Information to any third party. For purposes of this Agreement, "Confidential Information" means any information disclosed by Disclosing Party (other than Trade Secrets) that is of value and is treated as confidential; and "Trade Secrets" means trade secrets as defined under Georgia law. "Proprietary Information" means Trade Secrets and Confidential Information and includes without limitation all information posted or otherwise loaded on to the Site and accessible only by the use of the Login And Password Information. Except as otherwise agreed in writing, Acuity shall not have any obligation with regard to the use or confidentiality of any information disclosed by You.

The obligations set forth herein with respect to Trade Secrets shall remain for as long as such information remains a trade secret under Georgia law, and for Confidential Information shall continue for the duration of Visitor’s use of the Site and for three (3) years thereafter.

In addition to the foregoing, any information You obtain through Your use of the Site is intended for Your use only in connection with Your internal business purposes. You agree not to use the information for any other purpose and not to disclose the information to any other persons. Additionally, You agree to abide by any conditions regarding the use and disclosure of information communicated to You by the person providing such information.

Section 12: Sanctions Procedures

Acuity shall be entitled to impose sanctions against You if You violate these Site Terms and Conditions or any of the published rules of the Site ("Sanction Event"). At Acuity’s sole determination and discretion, if the Sanction Event could cause damage to Acuity, other visitors of the Site, or any third party, Acuity may immediately and without notice suspend Your access to the Site.

Section 13: Release

In the event of any dispute arising between You and another Site visitor or visitors arising out of or related to Your use of the Site, You hereby release and hold harmless Acuity, its affiliates, partners, officers, employees and attorneys from any and all claims, damages or costs that may arise in connection with any claims, losses and damages of any kind (including, without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such dispute regardless of whether Acuity was advised of the possibility or likelihood of such damages or costs occurring, and whether such liability is based on contract, tort, warranty, negligence, strict liability, products liability or otherwise.

Section 14: Termination

You may terminate Your access rights to the Site at any time by discontinuing use of the Site and providing notice to Acuity. Acuity may terminate your access and rights to the Site at any time for any or no reason. Upon termination of these Site Terms and Conditions, all Sections of these Site Terms and Conditions shall remain in full force and effect except for the Content License and Restrictions section and the Logins and Passwords section .

Section 15: Notices

All notices required to be given to Acuity hereunder shall be sent by certified mail to:

Holophane Europe Ltd
ATTN:IT Manager
Bond Avenue
Bletchley
Milton Keynes
MK1 1JG

All notices required to be given to You hereunder may be posted on the Site or delivered to the email address You provided to Acuity at the time of registration, and as changed by You from time to time, and shall be effective upon posting and / or delivery, whichever occurs first.

Section 16: Governing Law and Jurisdiction

These Site Terms and Conditions shall be exclusively construed, governed and enforced under the laws of the U.S. and the State of Georgia (without regard to rules governing conflict of laws). Visitor agrees that the exclusive venue for all actions, relating in any manner to these Site Terms and Conditions or use of the Site, shall only be in a federal or state court of competent jurisdiction located in Fulton County, Georgia . You hereby consent and submit to the in personam jurisdiction of such courts, and to the extent permitted by law, hereby consent that all services of process may be made by any nationally recognized overnight courier, or by certified or registered mail, postage prepaid and return receipt requested. You waive any objection based on forum non conveniens and waive any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. You agree that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law.

Section 17: Force Majeure

Acuity shall not be liable for delay in any of its performance hereunder due to causes beyond its reasonable control, including but not limited to, an act of God, war, natural disaster, governmental regulations, communication or utility failures or casualties or the failures or acts of third parties.

Section 18: Entire Agreement

These Site Terms and Conditions, the Privacy Policy, and any and notices, guidelines, directions, instructions or directives posted on the Site from time to time, and all amendments, modifications, additions or changes to the foregoing constitute the entire agreement regarding your use of the Site and supersedes all prior discussions and agreements, oral and written, between the parties relating thereto.

Section 19: Assignment

You shall not assign Your Login And Password Information without the prior written consent of Acuity. Except as otherwise provided therein, You may not assign Your rights or obligations under these Site Terms and Conditions, including without limitation through any change of control or by operation of law in whole or in part, without the prior written consent of Acuity. Acuity may freely assign any or all of its rights and obligations under these Site Terms and Conditions, in whole or in part for any reason, provided that the acquiring or resulting entity agrees in writing to be bound by the terms of these Site Terms and Conditions. Subject to the foregoing restrictions, the applicable agreements will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.

Section 20: Miscellaneous

Acuity may amend, modify or otherwise change these Site Terms and Conditions, the Privacy Policy and/or any other applicable agreements (collectively, "Site Agreements”) at any time by posting such changes on the Site. In the event any of the provisions of the Site Terms and Conditions, are held unenforceable or invalid by court of competent jurisdiction, such provisions shall be deemed severed from the applicable agreement and the remaining provisions thereof shall remain in full force and effect. Should any provision of the Site Agreements require judicial interpretation, the parties agree that the court interpreting or construing the same shall not apply a presumption that the terms of these Site Agreements shall be more strictly construed against one party than against another. Headings of particular Sections are inserted only for convenience and are not to be used to define, limit or construe the scope of any term or provision of these Site Terms and Conditions. Failure of any party to enforce, in any one or more instances, any of the Site Terms and Conditions or the terms or conditions of the Site Agreements shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of the Site Terms and Conditions or any applicable Site Agreement, or any other notice, directive, or rule otherwise posted on the Site shall constitute a consent to any prior or subsequent breach thereof.

Section 21: Compliance with Applicable Laws

General Laws: You agree to comply with all applicable federal, state and local laws, statutes and regulations in the performance of their obligations under these Site Terms and Conditions.

Antitrust Laws: You acknowledge that Acuity has an express policy of complying with the antitrust laws and that the operation of the Site is not intended to facilitate collusion or other illegal agreements among competitors. To further that end, You represent and warrant to Acuity that You do not intend to use, and will not use, the Site to violate any antitrust laws and will not knowingly act as a principal, conduit or intermediary for price-fixing or an y other anti-competitive agreement among competitors.
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