Terms of service

OVERVIEW

Welcome to Layered Lighting, a trade name of Apogee House, LLC. Throughout these Terms, “Layered Lighting,” “we,” “us,” and “our” refer to Apogee House, LLC, doing business as Layered Lighting.

Layered Lighting operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Layered Lighting is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information.

You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We have made reasonable efforts to provide accurate representations of our products and services. However, colors and product appearance may differ from how they appear on your screen because of the device, display, settings, or configuration you use.

We do not warrant that the appearance or quality of any product or service purchased through the Services will meet your expectations or appear exactly as depicted or rendered on our website.

Product descriptions, specifications, prices, and availability are subject to change at any time without notice. We reserve the right to discontinue any product and to limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Layered Lighting reserves the right to accept, reject, limit, or cancel an order for any lawful reason at our discretion.

Your order is not accepted until Layered Lighting confirms its acceptance. We must receive and process your payment before an order is accepted.

Please review your order carefully before submitting it, as Layered Lighting may be unable to accommodate cancellation or modification requests after an order has been accepted or processed.

If we reject, change, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or telephone number provided when the order was placed.

Purchases are subject to our Return and Refund Policy.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be shown in your order confirmation.

Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping, handling, customs, duties, or import charges.

Prices displayed through our online store may differ from prices offered through physical locations, project quotations, estimates, invoices, or stores operated by third parties.

We may offer promotions that affect pricing and are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern with respect to that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through the Services. You agree to promptly update your information, including your email address, payment information, and expiration dates, so that we can complete transactions and contact you when necessary.

You represent and warrant that:

1. The payment information you provide is true, correct, and complete.
2. You are authorized to use the payment method provided.
3. Charges incurred by you will be honored by your payment provider.
4. You will pay all charges incurred at the posted or agreed prices, including applicable shipping, handling, and taxes.

SECTION 5 — SHIPPING AND DELIVERY

Processing, shipping, transit, and delivery dates are estimates and are not guaranteed unless expressly agreed to by us in writing.

We are not responsible for delays caused by shipping carriers, manufacturers, suppliers, weather, natural disasters, labor interruptions, customs processing, incorrect customer information, or other circumstances outside our reasonable control.

Customers are responsible for providing a complete and accurate delivery address and for ensuring that someone is available to receive, inspect, and safely store the shipment when necessary.

Lost, damaged, defective, or incorrect shipments will be handled in accordance with our Return and Refund Policy and applicable law.

Title and risk of loss pass as provided by applicable law.

SECTION 6 — INTELLECTUAL PROPERTY

The Services, including trademarks, brand names, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement of such materials, are owned by Layered Lighting, its affiliates, suppliers, manufacturers, or licensors and are protected by applicable United States and international intellectual-property laws.

These Terms permit you to use the Services for personal or internal business purposes only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent or the consent of the applicable rights holder.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property belonging to Layered Lighting, Shopify, a manufacturer, supplier, or any other third party.

Unauthorized use of the Services may violate intellectual-property laws. All rights not expressly granted are reserved.

The Layered Lighting name, logo, designs, and slogans are trademarks or trade names of Apogee House, LLC. They may not be used without our prior written permission.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. Other names, logos, product names, and designs appearing through the Services are the property of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services. We do not necessarily monitor, control, or have input regarding those tools.

You acknowledge and agree that we provide access to third-party tools “as is” and “as available,” without warranties, representations, conditions, or endorsements of any kind. To the fullest extent permitted by law, we shall have no liability arising from or related to your use of optional third-party tools.

Your use of optional tools is entirely at your own risk and discretion. You should review and approve the terms under which the relevant third-party provider offers each tool.

We may offer new features, tools, or resources through the Services in the future. Such features shall be considered part of the Services and shall be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials, integrations, or hyperlinks to websites operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, security, availability, or practices of third-party materials or websites. Accessing a third-party website or service is at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of third-party products, services, resources, or content.

Please carefully review a third party’s policies and practices before entering into a transaction. Questions, complaints, claims, or concerns regarding third-party products or services should be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Layered Lighting is powered by Shopify, which enables us to provide the Services to you.

However, sales and purchases made through our store are made directly between you and Apogee House, LLC, doing business as Layered Lighting.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Layered Lighting, including any injury, damage, or loss resulting from purchased products or services.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions made with Layered Lighting.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s privacy policies.

By using the Services, you acknowledge that you have read and understand these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information you submit may be transmitted to and shared with Shopify and other service providers, including parties located outside the state or country in which you reside, as necessary to operate the Services, process transactions, prevent fraud, deliver orders, communicate with you, and provide related services.

Please review our Privacy Policy for additional information about how we, Shopify, and our service providers collect and use personal information.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, photographs, proposals, plans, or other content relating to the Services or our products (collectively, “Feedback”), you grant us a perpetual, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for lawful business purposes.

We may use these rights to operate, evaluate, enhance, improve, or promote the Services and to perform our obligations or exercise our rights under these Terms.

You represent and warrant that:

1. You own or have all rights necessary to provide the Feedback.
2. You have disclosed any compensation or incentive received in connection with the Feedback.
3. Your Feedback complies with these Terms and applicable law.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, publish Feedback, or respond to Feedback.

We may monitor, edit, refuse, or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene, misleading, objectionable, or in violation of intellectual-property rights or these Terms.

You agree that your Feedback will not violate a third party’s copyright, trademark, privacy, publicity, personality, contractual, or other legal rights.

You further agree that Feedback will not contain unlawful, abusive, defamatory, obscene, or malicious material or any computer virus or malware that could affect the Services.

You may not use a false email address, impersonate another person, or otherwise mislead us or others regarding the source of Feedback. You are solely responsible for the Feedback you submit and its accuracy. We assume no liability for Feedback posted by you or another person.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Information available through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, pricing, promotions, offers, shipping charges, transit times, inventory, availability, or other matters.

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders if information is materially inaccurate, including after an order has been submitted, subject to applicable law.

If we cancel an order after payment has been collected, we will issue the applicable refund to the original payment method.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

1. For any unlawful, fraudulent, or malicious purpose.
2. To violate international, federal, state, provincial, territorial, or local laws, rules, regulations, or ordinances.
3. To infringe or violate our intellectual-property rights or the intellectual-property rights of another person.
4. To harass, abuse, insult, harm, defame, slander, disparage, or intimidate another person.
5. To transmit false, fraudulent, deceptive, or misleading information.
6. To send, receive, upload, download, use, or reuse material that does not comply with these Terms.
7. To transmit unsolicited advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations.
8. To impersonate or attempt to impersonate another person or entity.
9. To engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services.
10. To engage in conduct that may harm Layered Lighting, Shopify, our customers, or users of the Services or expose them to liability.

You also agree not to:

1. Upload or transmit viruses or other malicious code.
2. Reproduce, duplicate, copy, extract, sell, resell, or exploit any unauthorized portion of the Services.
3. Collect or track the personal information of others without authorization.
4. Spam, phish, pharm, scrape, pretext, or engage in similar practices involving the Services.
5. Use robots, spiders, scraping tools, data-gathering tools, automatic devices, automated processes, AI tools, agentic AI, or manual processes to access or extract content from the Services without authorization.
6. Interfere with, bypass, or circumvent security measures, authorization features, robot-exclusion headers, CAPTCHAs, or measures used to restrict access to the Services.

We reserve the right to suspend, disable, or terminate access to the Services without notice if we reasonably determine that these Terms have been violated.

SECTION 14 — AGENTS

14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services.

“Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can act without continuous direct human supervision.

14.2 An Agent may not access, use, or interact with the Services unless it identifies itself and operates in accordance with Section 14.4. An Agent may not access, use, or interact with the Services after we have requested that it stop.

14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.

14.4 Agents must:

1. Identify themselves in HTTP or HTTPS requests and disclose the name of the Agent in the user-agent string using “Agent/[agent name]” or another format reasonably requested by us.
2. Not conceal or misrepresent that access or interaction originates from an Agent.
3. Not mimic human behavior for the purpose of bypassing restrictions.
4. Not complete or circumvent CAPTCHAs or other measures designed to distinguish automated access from human access.
5. Respond truthfully to questions intended to determine whether an interaction is coming from a human or a computer.
6. Not circumvent measures intended to block, limit, modify, or control Agent access to the Services.

SECTION 15 — TERMINATION

We may terminate these Terms or suspend or terminate your access to the Services, or any portion of the Services, at our discretion if you violate these Terms or applicable law.

You remain responsible for amounts due through the effective date of termination.

The following provisions shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes. We do not warrant the accuracy, completeness, reliability, suitability, or usefulness of information presented through the Services.

Any reliance you place on such information is at your own risk. To the fullest extent permitted by law, we disclaim liability arising from reliance on materials provided through the Services.

EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED BY LAYERED LIGHTING OR THE APPLICABLE PRODUCT MANUFACTURER, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

THIS INCLUDES IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES. IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, LAYERED LIGHTING, APOGEE HOUSE, LLC, OUR AFFILIATES, PARTNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

THIS INCLUDES LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF USE, REPLACEMENT COSTS, OR SIMILAR DAMAGES ARISING FROM OR RELATED TO:

1. YOUR USE OF OR INABILITY TO USE THE SERVICES.
2. PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES.
3. ERRORS OR OMISSIONS IN CONTENT.
4. CONTENT OR PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.
5. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION.
6. ANY OTHER CLAIM RELATED TO THE SERVICES OR PRODUCTS.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER A CLAIM IS BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANOTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 — INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Layered Lighting, Apogee House, LLC, Shopify, and their respective affiliates, partners, members, managers, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, damages, losses, liabilities, judgments, awards, costs, and reasonable attorneys’ fees arising from:

1. Your material breach of these Terms or a policy incorporated by reference.
2. Your violation of applicable law.
3. Your violation of another person’s rights.
4. Your unlawful or unauthorized use of the Services.

We will provide reasonable notice of an indemnifiable claim. A delay in providing notice will not relieve you of your obligations unless the delay materially prejudices your ability to respond.

We may control the defense and settlement of the claim at our expense or, where legally permitted, at your expense. We will not agree to a settlement that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld.

You agree to reasonably cooperate in the defense of an indemnified claim.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, invalid, or unenforceable, that provision shall be enforced to the fullest extent permitted by law.

Any unenforceable portion shall be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies and operating rules posted through the Services, constitute the entire agreement between you and us regarding your use of the Services.

They supersede prior or contemporaneous agreements, communications, representations, and proposals, whether oral or written, regarding the Services.

Any ambiguity in the interpretation of these Terms shall not automatically be construed against the party that drafted them.

SECTION 21 — ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent. Any unauthorized attempted transfer or assignment is void.

We may transfer, assign, or delegate these Terms and our rights and obligations as part of a sale, merger, restructuring, financing, transfer of assets, or similar business transaction, or as otherwise permitted by law.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Except where applicable law requires otherwise, any legal action arising from or relating to the Services or these Terms shall be brought in the applicable state or federal courts located in Miami-Dade County, Florida.

You and Layered Lighting consent to the personal jurisdiction and venue of those courts.

SECTION 23 — HEADINGS

Headings are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

You may review the current version of these Terms of Service on this page at any time.

We reserve the right, at our discretion, to update, change, or replace portions of these Terms by posting an updated version through the Services.

Where required by applicable law, we will provide notice of material changes. Changes will become effective on the date stated in the notice or, if no date is stated, when posted.

Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms to the extent permitted by law.