PURPOSE OF WEBSITESLIGHT currently provides the websites "AS-IS" for the purposes of a) distributing information about LIGHT products and services; b) providing an online method whereby individuals may use or place orders for such products and services; c) providing an online method whereby customers may manage their LIGHT accounts.We are constantly seeking to improve and enhance the websites and, unless explicitly stated otherwise, any new features that augment or enhance the current websites shall be subject to the TOU. You understand and agree that the websites are provided "AS-IS" and that LIGHT assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.In order to use the websites, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that to sign up for certain LIGHT services, including but not limited to telecommunications, you must be at least 18 years of age and must meet any stated sign-up criteria.LIGHT reserves the right at any time to modify or discontinue, temporarily or permanently, the websites (or any parts thereof) with or without notice. You agree that LIGHT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the websites.
PRIVACY AND SECURITY POLICYThe information you provide is subject to our Privacy and Security Policy. For more information, click here.
ELECTRONIC COMMUNICATIONSWhen you visit the websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from LIGHT electronically. You agree that all agreements, notices, disclosures and other communications that LIGHT provides to you electronically satisfy any legal requirement that such communication be in writing.
PERMISSION TO CALL/TEXTBy signing up for Light Service through the Sites, you give express permission for us to contact you on your device.
ACCOUNT SECURITYOn selected LIGHT websites and, you will receive a password and account designation upon completing the website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LIGHT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LIGHT cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.Whenever LIGHT handles information that you enter on our Sites, regardless of where this occurs, we take steps to ensure that your information is treated securely and in accordance with the relevant Terms of Service and Privacy and Security Policy. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, LIGHT cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.
USE OF WEBSITESIn consideration of your use of the websites, as applicable, you agree to use the websites as intended by LIGHT, and to refrain from any misuse of sites, services, and/or systems made available by LIGHT. Misuse of the websites includes but is not limited to any action described in 1-11 below, or that compromises LIGHT's Sites, services, systems and/or any information contained therein. Misuse of the websites will be prosecuted to the fullest extent of the law.You agree to not use the websites to:
upload, post, email or otherwise transmit any content, including but not limited to e-mail communication, information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content"), that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;2. harm minors in any way;3. impersonate any person or entity, including, but not limited to, a LIGHT employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content, including but not limited to e-mail commentary, transmitted through the websites;5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;9. interfere with or disrupt the websites or servers or networks connected to the websites, or disobey any requirements, procedures, policies or regulations of networks connected to the websites;10. access, collect or store personal data about other users; or11. engage in any conduct that in LIGHT's sole discretion restricts or inhibits any other user from using or enjoying the websites. You acknowledge that LIGHT and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the websites. Without limiting the foregoing, LIGHT and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created or linked to by LIGHT or submitted to LIGHT.You acknowledge and agree that LIGHT may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of LIGHT, its users and the public.You understand that the technical processing and transmission of the websites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
INDEMNITYYou agree to indemnify and hold LIGHT, and its affiliates, officers, agents, co-branders or other partners, representatives and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the websites, your use of the websites, your connection to the websites, your violation of the TOU, or your violation of any rights of another.
NO RESALEThe websites are provided for the use and enjoyment of visitors and registrants to LIGHT's websites. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the websites, use of the websites, or access to the websites.
TERMINATIONYou agree that LIGHT, in its sole discretion, may terminate your password or use of the websites, if LIGHT believes that you have violated or acted inconsistently with the letter or spirit of the TOU. LIGHT may also in its sole discretion and at any time discontinue providing the websites, or any parts thereof, with or without notice. You agree that any termination of your access to the websites under any provision of this TOU may be affected without prior notice. Further, you agree that LIGHT shall not be liable to you or any third party for any termination of your access to the websites.
LINKS, REFERENCES & RESOURCESThe websites may provide, or third parties may provide, references and/or links to other World Wide websites or resources. Because LIGHT has no control over such sites and resources, you acknowledge and agree that LIGHT is not responsible for the availability of such external sites or resources, and does not endorse or sponsor and is not responsible or liable for any TOU, Content, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that LIGHT 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
LIGHT'S PROPRIETARY RIGHTSAll proprietary rights in the websites and any necessary software used in connection with the websites ("Software") are owned or licensed for use by LIGHT. The websites are owned and operated by LIGHT and except as otherwise specified, LIGHT owns all materials appearing on the websites, including the text, site design, logos, graphics, and images, as well as the selection, assembly and arrangement thereof. You acknowledge and agree that the websites and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or sites or information presented to you through the websites or advertisers or merchants is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by LIGHT or advertisers or merchants, you agree not to copy, modify, rent, lease, loan, sell, distribute, display, perform or create derivative works based on the websites or the Software, in whole or in part. LIGHT grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, display, distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the websites. You agree not to access the websites by any means other than through the interface that is provided by LIGHT for use in accessing the websites. LIGHT grants you permission to copy electronically and to print in hard copy portions of the Content for (1) personal use if you maintain all copyright notices, trademark legends and other proprietary rights notices, (2) using this websites as a personal shopping resource, (3) communicating with LIGHT about a LIGHT product or service, or (4) placing an order with LIGHT. Any other use of materials on this site, including reproduction for purposes other than permitted above, uploading, modification or distribution, is prohibited without LIGHT's prior written permission.
GENERAL DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIGHT MAKES NO WARRANTY THAT (i) THE WEBSITES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIGHT OR THROUGH OR FROM THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT LIGHT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITES.
EXCLUSIONS AND LIMITATIONSSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
TRADEMARK INFORMATIONLIGHT respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org. Light Phone and LIGHT logos and product and service names are trademarks of LIGHT (the "Marks"). Without LIGHT's prior permission, you agree not to display or use in any manner, the Marks.
GENERAL INFORMATIONThe TOU, along with terms and conditions provided to registrants and customers of LIGHT's websites and services, constitute the entire agreement between you and LIGHT and govern your use of the websites, superseding any prior agreements between you and LIGHT. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and LIGHT shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You understand and agree that, except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order or preliminary injunction to preserve the status quo or prevent irreparable harm pending the selection and confirmation of an arbitrator, any dispute arising under or relating to the websites or TOU shall be resolved through mediation and arbitration. You agree to first try to resolve the dispute informally with the help of a mutually agreed upon mediator. If the parties cannot agree on a mediator or fail to arrive at a mutually satisfactory solution through mediation within 10 days following the commencement of such mediation, the parties agree to submit their dispute to binding arbitration of a single arbitrator Brooklyn, NY according to the rules of the American Arbitration Association. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the websites or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.The section titles in the TOU are for convenience only and have no legal or contractual effect.