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TERMS OF USE

NAIROBI, INC.
Effective Date: The date upon which You viewed this website.

Last Updated: October 3, 2026

  • By accessing or using www.nairobilighting.com (hereinafter referred to as "the Website"), you agree to be bound by these Terms of Use ("Terms"), our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Website or to products and services available through the Website or from Nairobi Incorporated ("Company," "we," "us," or "our"). These Terms constitute a legally binding agreement between you and Nairobi Incorporated, a Delaware corporation.

    Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Website.

    By accessing or using the Website, you warrant and represent that you are at least 18 years old and possess the legal authority, right, and freedom to enter into these Terms and to form a binding agreement with Nairobi Incorporated. Nairobi Incorporated primarily serves business customers; however, individual consumers may also transact through the Website. If you are an individual consumer, applicable consumer protection laws of your state of residence may provide you with additional rights, and nothing in these Terms is intended to waive or limit any rights you may have under applicable consumer protection law.

    If you do not agree with any part of these Terms, you must immediately discontinue your use of the Website.

    We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

    By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Website.

  • Nairobi Incorporated provides a universal lighting platform utilizing patent-pending magnetic disk technology that enables instant reconfiguration across multiple applications and industries. Our services and products available through the Website include, but are not limited to:

    • Direct sale of hardware products, including the Nairobi Standard, Nairobi Pro, replacement UVC and IR light cards, and accessories

    • Hardware-as-a-Service (HaaS) subscriptions (Nairobi Ultra only)

    • Free mobile application (iOS) for hardware management and control

    • Professional services and installation (governed by separate written agreements including a Purchase Order and Nairobi Incorporated Terms and Conditions)

    We strive to ensure that all information and content on the Website is accurate and up-to-date. However, we do not warrant or guarantee the accuracy, completeness, or timeliness of the information provided.

    The content of this Website is for general information and use only. It is subject to change without notice. We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this Website for any particular purpose.

    We reserve the right to modify, suspend, or discontinue any part of the service at any time without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service.

  • As a user of the Website, you agree to:

    a) Provide accurate, current, and complete information when creating an account or using our services.

    b) Maintain and promptly update your account information to keep it accurate, current, and complete.

    c) Maintain the security and confidentiality of your account credentials, including your username and password.

    d) Accept full responsibility for all activities that occur under your account or password.

    e) Notify us immediately of any unauthorized use of your account or any other breach of security.

    f) Ensure that you exit from your account at the end of each session when accessing the Website from a shared computer.

    g) Refrain from using the Website for any unlawful purpose or in any way that causes, or may cause, damage to the Website or impairment of its availability or accessibility.

    h) Not to reproduce, duplicate, copy, or re-sell any part of our Website in contravention of the provisions of our Terms.

    i) Not to access without authority, interfere with, damage, or disrupt any part of our Website, any equipment or network on which our Website is stored, any software used in the provision of our Website, or any equipment, network, or software owned or used by any third party.

    j) Comply with all applicable local, state, national, and international laws and regulations while using the Website and our services.

    k) Not use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.

    l) Not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, by hacking, password “mining,” or any other illegitimate means.

    Failure to comply with these obligations may result in immediate termination of your account and legal action where appropriate.

  • Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your personal information. The Privacy Policy can be found here.

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    Key points of our Privacy Policy include:

    a) Types of information we collect

    b) How we collect information

    c) How we use your information

    d) How we share your information

    e) Your rights regarding your personal information

    f) Data retention and security measures

    g) Use of cookies and tracking technologies

    h) Third-party links and services

    i) Changes to our Privacy Policy

    j) Contact information for privacy-related questions

    By using this Website, you consent to the data practices described in our Privacy Policy. You acknowledge that you have read and understood the Privacy Policy and agree to be bound by its terms.

    If you do not agree with our Privacy Policy, please do not use our Website or services.

  • All content on this Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nairobi Incorporated or its content suppliers and is protected by United States and international copyright laws.

    The compilation of all content on this Website is the exclusive property of Nairobi Incorporated and is protected by United States and international copyright laws. All software used on this Website is the property of Nairobi Incorporated or its software suppliers and is protected by applicable intellectual property laws.

    Nairobi Incorporated’s lighting platform, including its magnetic disk technology and related systems, is the subject of one or more pending patent applications filed with the United States Patent and Trademark Office. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right under any pending or issued patent, trademark, copyright, trade secret, or other proprietary right of Nairobi Incorporated or any third party.

    You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, use of the Website, or access to the Website without express written permission by Nairobi Incorporated.

    The trademarks, logos, and service marks displayed on the Website are registered and unregistered trademarks of Nairobi Incorporated and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the written permission of Nairobi Incorporated or the third party that may own the trademarks.

    Any unauthorized use of the materials appearing on the Website may violate copyright, trademark, patent, and other applicable laws and could result in criminal or civil penalties.

  • To access certain features of the Website, including purchasing products or services, you are required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

    Registration data and certain other information about you are governed by our Privacy Policy. You must be at least 18 years of age and be authorized to act on behalf of a business entity to register for and use the Website.

    You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password.

    You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

    You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You are solely responsible for any and all use of your account.

  • If you make a purchase through our Website, you agree to provide current, complete, and accurate purchase and account information for all purchases. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

    Sales tax will be added to the price of purchases as required by applicable law. We may change prices at any time. All payments shall be in U.S. dollars.

    You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per entity, per account, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address provided at the time the order was made.

    We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Services to complete a transaction.

  • Nairobi Incorporated offers Hardware-as-a-Service subscriptions exclusively for the Nairobi Ultra product, through which customers access the Nairobi Ultra hardware, including UVC and IR light card capabilities, on a monthly subscription basis. The following terms apply to all HaaS subscriptions:

    a) Billing Cycle: HaaS subscriptions are billed on a monthly basis. Your subscription will automatically renew at the end of each monthly billing cycle unless cancelled prior to the renewal date in accordance with the cancellation procedures set forth herein.

    b) Hardware Ownership: All hardware provided under a HaaS subscription remains the sole and exclusive property of Nairobi Incorporated at all times. You are granted a limited, non-exclusive, non-transferable license to use the hardware solely in connection with your active subscription and in accordance with these Terms and any applicable service agreement.

    c) Return of Hardware: Upon termination or expiration of your HaaS subscription for any reason, you are required to return all Nairobi hardware in good working condition, reasonable wear and tear excepted, within thirty (30) days of the termination or expiration date. Nairobi will provide return shipping instructions. You may be liable for the cost of unreturned, damaged, or destroyed hardware.

    d) Hardware Care: You agree to use the hardware only for its intended purpose, in accordance with Nairobi’s documentation and guidelines, and in compliance with all applicable laws. You shall not modify, reverse engineer, disassemble, or attempt to derive the design or composition of the hardware.

    e) Service Interruptions: Nairobi does not guarantee uninterrupted access to or operation of the hardware or related services. Nairobi shall not be liable for service interruptions resulting from hardware maintenance, upgrades, force majeure events, or causes beyond Nairobi’s reasonable control.

    f) Hardware Warranty: Hardware warranty terms are set forth in a separate Warranty Document, which will be provided to you at the time of subscription. The Warranty Document is incorporated into your subscription agreement by reference.

    g) Suspension for Non-Payment: Failure to pay any amount due under your HaaS subscription by the applicable due date will result in immediate suspension of your subscription and all associated services, including access to the Nairobi mobile application. Suspension for non-payment does not relieve you of your obligation to return all Nairobi hardware in accordance with Section 8(c). Nairobi reserves the right to pursue all amounts owed under your subscription agreement.

    h) Consumer Auto-Renewal Disclosure: If you are an individual consumer (not a business entity) entering into a HaaS subscription, the following additional disclosures apply pursuant to the Federal Trade Commission’s Negative Option Rule (16 C.F.R. Part 425, effective May 14, 2025) and applicable state automatic renewal laws: (i) YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS AT THE THEN-CURRENT SUBSCRIPTION RATE UNLESS YOU CANCEL BEFORE THE RENEWAL DATE; (ii) you may cancel your subscription at any time through the same method by which you subscribed, and cancellation will be no more difficult than the subscription process; (iii) you will receive a reminder notice before each renewal if required by applicable law; and (iv) upon cancellation, your subscription will remain active through the end of the current billing period and you must return all Nairobi hardware in accordance with Section 8(c). To cancel, contact us at legal@nairobilighting.com.

  • Nairobi Incorporated offers a free mobile application (the “App”) available exclusively on the Apple iOS platform that enables users to manage and control Nairobi lighting hardware. The App is provided at no charge. The following terms apply to all users of the App:

    a) License Grant: Subject to your compliance with these Terms, Nairobi grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App solely to manage and control Nairobi hardware that you own or subscribe to.

    b) Feature Tiers: App features are tiered by product. Customers who purchase the Nairobi Standard or Nairobi Pro have access to core hardware management and control features. Customers with an active Nairobi Ultra HaaS subscription have access to the full feature set, including UVC and IR light card management and advanced controls. Nairobi reserves the right to modify the feature set available to each tier at any time upon reasonable notice.

    c) Access Duration: Nairobi Standard and Nairobi Pro customers who have made a one-time hardware purchase are entitled to continued access to the core App features indefinitely, for so long as Nairobi continues to support the applicable hardware model. Nairobi Ultra HaaS customers have access to full App features only for so long as their HaaS subscription remains active and in good standing. App access for Ultra customers will be suspended immediately upon cancellation of the HaaS subscription, expiration of the subscription term, or failure to pay any amount due under the subscription agreement, without further notice.

    d) Platform: The App is currently available exclusively on the Apple iOS platform. Availability on other platforms is subject to change at Nairobi’s sole discretion.

    e) Updates: Nairobi may from time to time issue updates to the App. You agree that the App may automatically download and install such updates. Continued use of the App following an update constitutes acceptance of any modified terms applicable to the update.

    f) Apple App Store Terms: Your use of the App is subject to the terms and conditions of the Apple App Store, including Apple’s Media Services Terms and Conditions. Nairobi is solely responsible for the App and its content; Apple has no obligation to furnish maintenance or support services for the App.

    g) Location Data: The App collects location data to enable hardware control and management features. By using the App, you consent to the collection and use of location data as described in our Privacy Policy. You may disable location services through your device settings, but doing so may limit App functionality.

    h) Restrictions: You agree not to: (i) modify, disassemble, decompile, or reverse engineer the App; (ii) rent, lease, loan, resell, sublicense, or distribute the App to any third party; (iii) remove or alter any proprietary notices or labels; or (iv) use the App for any purpose other than managing Nairobi hardware that you own or to which you subscribe.

    i) Data Usage: Use of the App may consume data under your mobile plan. You are solely responsible for any fees associated with your data usage.

  • All refund, return, and cancellation terms applicable to the purchase of hardware products, Hardware-as-a-Service subscriptions, software and mobile application subscriptions, and professional services are governed exclusively by the applicable Purchase Order and Nairobi Incorporated Terms and Conditions entered into between Nairobi Incorporated and the purchasing entity at the time of each transaction.

    In the event of any conflict between these Terms and the applicable Purchase Order or Nairobi Incorporated Terms and Conditions with respect to refund, return, or cancellation matters, the Purchase Order and Nairobi Incorporated Terms and Conditions shall control.

    Nothing in these Terms shall be construed to create any refund, return, or cancellation obligation on the part of Nairobi Incorporated absent a fully executed written agreement setting forth such terms.

  • Nairobi Incorporated offers professional services, including installation and implementation of its lighting platform. All professional services engagements are governed exclusively by a separate written agreement, including a Purchase Order and Nairobi Incorporated’s Terms and Conditions for Professional Services, which will be provided to you prior to the commencement of any professional services engagement.

    In the event of any conflict between these Terms and the terms of a Professional Services agreement, the Professional Services agreement shall control with respect to the subject matter of that agreement.

    Nothing in these Terms shall be construed to create any obligation on the part of Nairobi Incorporated to provide professional services absent a fully executed written agreement.

  • The Website features advertising and promotional content exclusively for Nairobi Incorporated’s own products and services. Nairobi Incorporated does not display third-party advertisements on the Website and does not use behavioral or targeted advertising technologies.

    Promotional content on the Website is intended to accurately represent Nairobi’s products and services. We make no guarantees as to the results or outcomes that may be achieved through the use of our products or services beyond what is expressly stated in applicable product documentation or service agreements.

    The Website features advertising and promotional content exclusively for Nairobi Incorporated’s own products and services. Nairobi Incorporated does not display third-party advertisements on the Website and does not use behavioral or targeted advertising technologies.

    Promotional content on the Website is intended to accurately represent Nairobi’s products and services. We make no guarantees as to the results or outcomes that may be achieved through the use of our products or services beyond what is expressly stated in applicable product documentation or service agreements.

  • To the fullest extent permitted by applicable law, Nairobi Incorporated, its officers, directors, employees, agents, suppliers, and licensors (collectively “Company Parties”) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

    a) Your access to or use of or inability to access or use the Website or our products and services;

    b) Any conduct or content of any third party on the Website;

    c) Any content obtained from the Website; and

    d) 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 the aggregate liability of Company Parties exceed the greater of one hundred dollars ($100) or the amount you have paid Nairobi Incorporated in the past twelve months for the specific product or service giving rise to the claim.

    Some jurisdictions do not allow the disclaimer of warranties or limitation of liability for incidental or consequential damages, which means some of the above limitations may not apply to you. In these jurisdictions, Nairobi Incorporated’s liability will be limited to the greatest extent permitted by law.

    You specifically acknowledge that Company Parties shall not be liable for the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

  • To the maximum extent permitted by applicable law, Nairobi Incorporated provides the Website and Services on an “as is” and “as available” basis, with all faults and without warranty of any kind. We hereby disclaim all warranties and conditions with respect to the Website and Services, either express, implied, or statutory, including, but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement.

    Specifically, but without limitation, Nairobi Incorporated does not warrant that:

    a) The Website or Services will function uninterrupted, secure, or available at any particular time or location;

    b) Any errors or defects will be corrected;

    c) The Website or Services are free of viruses or other harmful components; or

    d) The results of using the Website or Services will meet your requirements.

    Hardware warranty terms are set forth in a separate Warranty Document provided at the time of purchase or subscription. Nothing in these Terms shall be construed to expand or modify the terms of any such separate Warranty Document.

    No advice or information, whether oral or written, obtained by you from Nairobi Incorporated or through the Website or Services shall create any warranty not expressly stated in these Terms or an applicable separate written agreement.

    Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

    UVC and IR Light Cards. The Nairobi Ultra HaaS includes UVC and IR light card capabilities. The UVC light card is a germicidal ultraviolet device operating at 265nm. Its use is subject to separate written operating instructions and safety guidelines provided to you at the time of professional installation. You agree to use the UVC and IR light cards solely in accordance with those instructions and all applicable laws and regulations. To the fullest extent permitted by law, Nairobi’s limitation of liability set forth in Section 13 applies fully to any use of the UVC or IR light cards that deviates from the provided instructions.

    Magnuson-Moss Warranty Act. If you are an individual consumer purchasing Nairobi hardware for personal, family, or household purposes, you may have additional rights under the Magnuson-Moss Warranty Improvement Act, 15 U.S.C. § 2301 et seq. Hardware warranty terms are set forth in the separate Warranty Document provided with your purchase. Nothing in these Terms is intended to limit any rights you may have under that statute.

    Consumer Protection Rights. If you are an individual consumer, nothing in these Terms, including the limitations of liability, disclaimer of warranties, or arbitration provisions, is intended to waive or limit any rights you may have under applicable state consumer protection statutes, including state Unfair and Deceptive Acts and Practices (UDAP) laws. Your statutory consumer protection rights are preserved in full.

  • You agree to indemnify, defend, and hold harmless Nairobi Incorporated and its licensees, licensors, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:

    a) Your use of and access to the Website and Services;

    b) Your violation of any term of these Terms;

    c) Your violation of any third-party right, including without limitation any copyright, property, patent, or privacy right; or

    d) Any claim that your use of the Website or Services caused damage to a third party.

    This defense and indemnification obligation will survive these Terms and your use of the Website and Services.

    You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

  • We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to:

    a) A breach of these Terms;

    b) Violation of any applicable law, rule, or regulation;

    c) Upon request by law enforcement or other government agencies;

    d) Discontinuance or material modification to the Service (or any part thereof);

    e) Unexpected technical or security issues or problems;

    f) Extended periods of inactivity;

    g) Engagement by you in fraudulent or illegal activities; and/or

    h) Nonpayment of any fees owed by you in connection with the Services.

    Upon termination, your right to use the Service will immediately cease, and you must return all Nairobi hardware in accordance with Section 8(c) of these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

  • These Terms shall be governed and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

    Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

    Subject to the arbitration provision set forth in Section 21, you agree that any legal action or proceeding between you and Nairobi Incorporated shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Maricopa County, Arizona. You hereby agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.

    Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

    In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.

  • We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

    By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

    We will notify you of any changes by posting the new Terms on this page and updating the “Last Updated” date at the top of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

    You are responsible for reviewing and becoming familiar with any modifications to these Terms. Your continued use of the Website following the posting of any modifications constitutes acceptance of those modifications.

  • The Website may contain links to third-party websites or resources that are not owned or controlled by Nairobi Incorporated. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

    You acknowledge and agree that Nairobi Incorporated shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

    We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. We do not endorse, approve, or support any such third-party websites, services, or content.

    Nairobi Incorporated reserves the right to terminate any link or linking program at any time without notice.

  • This Website is intended exclusively for business users who are at least 18 years of age. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us immediately at legal@nairobilighting.com. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we will take steps to remove that information from our servers in compliance with the Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq.

  • Any dispute arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules.

    a) Arbitration Process:

    • The arbitration shall be conducted by a single arbitrator selected in accordance with the rules of the AAA.

    • The arbitration shall take place in Maricopa County, Arizona, unless otherwise agreed upon by the parties.

    • The arbitrator shall apply the substantive law of the State of Arizona without reference to its conflict of laws rules.

    • The arbitrator’s decision shall be final and binding on the parties, and judgment upon the award may be entered in any court having jurisdiction thereof.

    b) Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the fullest extent permitted by law: (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

    c) Exceptions to Arbitration:

    • Either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration.

    • Either party may file an action in court to enforce intellectual property rights, including patent rights.

    d) Costs of Arbitration:

    • The costs of arbitration shall be shared equally by the parties, unless the arbitrator rules otherwise.

    • Each party shall be responsible for its own attorneys’ fees unless the arbitrator awards attorneys’ fees to the prevailing party.

    e) Opt-Out Procedure: You can choose to reject this Dispute Resolution and Arbitration provision by sending written notice to legal@nairobilighting.com within 30 days after the date you first accept these Terms.

  • We implement a variety of security measures to maintain the safety of your personal information. These measures include, but are not limited to:

    a) Data Encryption: We use industry-standard encryption protocols (such as SSL/TLS) to protect data transmission between your device and our servers.

    b) Access Control: We restrict access to personal information to employees, contractors, and agents who need such access to operate, develop, or improve our services. These individuals are bound by confidentiality obligations.

    c) Secure Data Storage: We store data in encrypted form on secure servers accessible only by authorized personnel.

    d) Regular Security Audits: We conduct regular security audits to identify and address potential vulnerabilities.

    e) Incident Response Plan: We maintain a comprehensive incident response plan to address potential security breaches.

    f) Regular Updates: We regularly update our systems and software to address known security vulnerabilities.

    While we implement these and other security measures, you acknowledge that no security measures are perfect or impenetrable. We cannot guarantee that information about you will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

    You are responsible for maintaining the secrecy of your unique password and account information and for controlling access to your email communications from us.

  • If you believe that any content on our Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, by providing our Copyright Agent with the following information in writing:

    a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

    b) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;

    c) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;

    d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

    e) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

    f) Your physical or electronic signature.

    Please send any claims of infringement to:
    Nairobi, Inc.
    12621 N. Tatum Blvd. #2108
    Scottsdale, Arizona 85032
    United States of America

    Email: legal@nairobilighting.com

    Upon receipt of a proper notification of claimed infringement, we will follow the procedures outlined in the DMCA, which may include removing or disabling access to the allegedly infringing material and/or terminating repeat infringers’ accounts.

  • You agree not to engage in any of the following prohibited activities:

    a) Violating any applicable laws, regulations, or these Terms;

    b) Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

    c) Interfering with or disrupting the Website or servers or networks connected to the Website;

    d) Attempting to gain unauthorized access to any portion of the Website or any other systems or networks connected to the Website;

    e) Using the Website for any illegal or unauthorized purpose;

    f) Transmitting or uploading any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful programs;

    g) Collecting or harvesting any information from the Website, including user accounts, without authorization;

    h) Using the Website to send unsolicited commercial email or other communications;

    i) Circumventing, disabling, or otherwise interfering with security-related features of the Website;

    j) Attempting to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; or

    k) Using the Website in a manner inconsistent with any and all applicable laws and regulations.

    We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation removing offending content from the Website, suspending or terminating the account of such violators, and reporting you to law enforcement authorities.

  • Nairobi Incorporated is committed to making our Website accessible to all users, including those with disabilities. We strive to meet Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.

    If you encounter any accessibility issues or have suggestions for improvement, please contact us at mark.svejda@nairobilighting.com. We welcome your feedback and will make reasonable efforts to address any concerns.

  • Our Website uses cookies and similar tracking technologies to enhance your browsing experience and collect information about how you use our site. You can control cookies through your browser settings and other tools.

    a) Types of Cookies We Use:

    • Essential Cookies: Necessary for the Website to function properly.

    • Performance Cookies: Help us understand how visitors interact with our Website.

    • Functionality Cookies: Allow the Website to remember choices you make and provide enhanced features.

    b) Cookie Management: You can manage your cookie preferences through your browser settings. Note that disabling certain cookies may affect the functionality of the Website.

    c) Do Not Track Signals: We currently honor Global Privacy Control (GPC) signals as required by applicable state law.

    d) Consent: By continuing to use our Website after being presented with our cookie notice, you consent to our use of cookies as described in this section and in our Privacy Policy.

  • Depending on your state of residence or business location, additional privacy rights may apply. Nairobi Incorporated is committed to complying with all applicable state privacy statutes in effect as of the date of these Terms.

    a) California Residents (CPRA): California residents have the right to: (i) know what personal information we collect, use, and disclose; (ii) delete personal information, subject to certain exceptions; (iii) correct inaccurate personal information; (iv) opt out of the sale or sharing of personal information; (v) limit use of sensitive personal information; and (vi) non-discrimination for exercising these rights. We do not sell personal information as that term is defined under California law.

    b) Other State Residents: Residents of Virginia, Colorado, Connecticut, Texas, Oregon, Montana, New Hampshire, New Jersey, and other states with comprehensive privacy laws may have similar rights, including rights of access, correction, deletion, portability, and the right to opt out of targeted advertising and profiling. Please contact us at legal@nairobilighting.com to exercise any applicable rights.

    c) Exercising Your Rights: We will respond to verified requests within the timeframe required by applicable law. We may need to verify your identity or authorization before processing requests. We will not discriminate against you for exercising any privacy rights.

  • You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC).

    a) You agree not to export, re-export, or transfer, directly or indirectly, any technical data acquired from us, or any products utilizing such data, to any country or person to which such export, re-export, or transfer is restricted or prohibited by U.S. law, regulation, or rule.

    b) You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo, or listed on the U.S. Treasury Department’s Specially Designated Nationals list or the U.S. Commerce Department’s Denied Persons or Entity Lists.

    c) You agree not to use our products or services for any purposes prohibited by U.S. law, including the development, design, manufacture, or production of nuclear, chemical, or biological weapons.

    d) You agree to indemnify, defend, and hold us harmless from any claim arising from your failure to comply with this Export Control provision.

  • If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted or reformed to the minimum extent necessary to make them valid and enforceable in accordance with the original intent of the parties. The remaining provisions shall continue in full force and effect.

  • Nairobi Incorporated will not be liable for any failure or delay in performance of our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including, but not limited to, acts of God, natural disasters, terrorism, war, governmental orders, national or regional emergencies, strikes, power failures, internet service provider failures, or any other events beyond the reasonable control of Nairobi Incorporated.

    If a force majeure event continues for a period exceeding 90 days, either party may terminate these Terms upon written notice to the other party.

  • These Terms, including any legal notices and disclaimers contained on this Website, the Privacy Policy, and any other documents incorporated herein by reference, constitute the entire agreement between Nairobi Incorporated and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same. In the event of any conflict between these Terms and a separate written agreement executed by both parties (including a Purchase Order or Professional Services Terms and Conditions), the separate written agreement shall control with respect to its subject matter.

    The failure of Nairobi Incorporated to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

  • No waiver of any term or condition of these Terms shall be effective unless it is in writing signed by an authorized representative of Nairobi Incorporated. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms shall operate as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof.

  • All notices to Nairobi Incorporated must be in writing and sent to the address set forth below. We may provide notices to you via email to the email address you have provided, or by posting notices on the Website.

    a) Contact Information:

    Nairobi, Inc.
    12621 N. Tatum Blvd. #2108
    Scottsdale, Arizona 85032
    United States of America
    Email: legal@nairobilighting.com

    b) Deemed Service: Notices sent by email shall be deemed served 24 hours after the email is sent, provided no “undeliverable” message is received. Notices sent by postal mail shall be deemed served three business days after the date of mailing. Notices posted on the Website shall be deemed served upon posting.

    c) Electronic Communications Consent: By using this Website, you consent to receive electronic communications from us. You agree that any notice, agreement, disclosure, or other communication we send you electronically satisfies any legal requirement that such communication be in writing.

    d) Opting Out: You may opt out of certain electronic communications by following the unsubscribe instructions provided in our emails or by contacting us directly.

  • By using this Website, you consent to receive electronic communications from us. These communications may include:

    a) Notices about your account or transactions;

    b) Updates to our Terms, conditions, and policies;

    c) Promotional information about Nairobi’s products and services; and

    d) Other information related to our products or services.

    You agree that any notice, agreement, disclosure, or other communication that we send you electronically satisfies any legal requirement that such communication be in writing.

    We may send push notifications through our mobile application. You can opt out of receiving push notifications at any time by changing the settings on your mobile device.

    You may withdraw your consent to receive certain electronic communications at any time by contacting us at legal@nairobilighting.com. However, if you withdraw consent to receive transactional or account-related communications, we reserve the right to limit your access to certain features of the Website or services.

  • You may not assign or transfer these Terms, by operation of law or otherwise, without Nairobi Incorporated’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void.

    Nairobi Incorporated may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

  • We may amend these Terms at any time by posting the amended terms on this site. Your continued use of the Website means that you accept and agree to the changes.

    a) Notice of Changes: We will provide notice of material changes to the Terms by posting a prominent announcement on our Website or by sending you an email.

    b) Timing of Changes: Changes will become effective 30 days after they are posted, unless a different effective date is specified in the notice.

    c) Your Acceptance: Your continued use of our services after the effective date of any changes constitutes your acceptance of the amended Terms.

    d) Right to Reject Changes: If you do not agree to the changes, you must stop using our services before the changes become effective.

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