Terms and Conditions of Use
LightLeader, LLC doing business as (dba) LightLeader Center for Conscious Life Leadership
www.lightleadercenter.com
Effective Date of Most Recent Policy: January 1, 2019 v1.1
Welcome to the LightLeader Center for Conscious Life Leadership! LightLeader, LLC thank you for visiting our website. These Terms and Conditions of Use applies to the information, products and services provided when you access and use our website(s), www.lightleadercenter.com or www.spiritualcantina.com; access our online courses through our course site hosted by Teachable.com; or our mobile application, collectively and herein after called “Platform.”
This document, the LightLeader Privacy Notice, and the LightLeader Medical and Mental Health Disclaimer are collectively referred to as the “Agreement.” By using our Website, you agree to fully comply with and be bound by the Agreement each time you use our Website.
1. Definitions
1.1 The terms “us”, “we”, and “our” refer to LightLeader, LLC, the owner of this Website.
1.2 A “Visitor” is someone who browses our Website or uses publicly accessible services on our website.
1.3 A “Registered User” is someone who has registered with our Website to use or purchase our Services and/ or products. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through our Website; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Website; (iv) post comments and other content on the Website; (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the LightLeader community.
1.4 The term “User” is a collective identifier that refers to either a Visitor or a Registered User. The term “Product” refers to any products we sell or give away.
1.5 The term “Service” refers to any services we sell or give away.
1.6 All text, information, graphics, photographs, images, sound recordings, software, design, data offered, videos, coursework, lesson plans, syllabi, agendas, training modules, and other material provided by or on behalf of LightLeader, LLC through our Website, Services, or products, whether produced by our Registered Users or by us, are collectively known as our “Content”. We distinguish content posted by our Registered Users as “Registered User Content”.
2. Interpretation
In this Agreement, unless otherwise specified: i) any phrase or list of items introduced by the words “including”, “include”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limited to only the words in that phase or list.
3. Acceptance of Agreement
This Agreement is between you and LightLeader, LLC. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND PLEASE DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
4. Entire Agreement
Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all other, previous or contemporaneous agreements, representations, warranties, and understandings with respect to our Website, Services, Products and the subject matter contained herein, whether written or oral. However, for you to use our Website, Services, and/or Products you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
5. No Waiver
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing by us, and no such waiver shall be construed as a waiver in any other or subsequent instance.
6. Privacy Notice
Our Privacy Notice is considered part of this Agreement and is available on the Website. Please review our Privacy Notice by clicking on this link. f you do not accept and agree to be bound by all the terms of this Agreement, including the www.lightleadercenter.com and www.spiritualcantina.com Privacy Notice, please do not use this Website, Services or Products.
7. Arbitration
Any legal controversy or claim arising from or relating to this Agreement and/or Website, Products or Services, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – Website operations, intellectual property, and our Services or Products, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (AAA). If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephone hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of the billing address of the party initiating arbitration. In the case of an in-person hearing, the proceedings will be conducted in Tampa, Florida, unless both parties explicitly agree, in writing, to hold in an alternative location. If the claim is for $10,001 or more, the arbitration will be conducted in Tampa, Florida, unless both parties explicitly agree, in writing, to hold in an alternative location, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Tampa, Florida necessary to protect our or your rights or property pending the completion of arbitration. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse LightLeader, LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
8. Class Action Waiver
You acknowledge and agree that any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Under this Agreement, 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 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. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
9. Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Tampa, Florida, USA, and will be governed by and construed in accordance with the laws of the state of Florida without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, Content, Services or Products must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
10. Limited License
LightLeader, LLC grants you a nonexclusive, nontransferable, revocable license to access and use our Website, Services and Products strictly in accordance with this Agreement. Your use of our Website, Services and Products is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website, Content, Services or Products may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
11. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
The Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, appropriate or legal for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
12. Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and LightLeader, LLC.
13. Communications
When using our Services or Products, you agree to transact with us electronically, and you agree that communication with us will be primarily electronic. When we contact you directly, we will contact you by e-mail. We may also provide you with information by posting notices on the Services or Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
14. Our Intellectual Property
Our Content, as found within our Website, Services and Products, is protected under United States and foreign copyrights, unless otherwise specified. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Subject to the express provisions of these Terms and Conditions of Use:
- We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) All the copyright and other intellectual property rights in our website and the material on our website are reserved.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of LightLeader, LLC.
LightLeader, LLC trademarks and trade dress, for example, “LightLeaderTM”or “Agent of the UniverseTM”or “Spiritual CantinaTM” may not be used in connection with any product or service that is not owned by LightLeader, LLC. If LightLeader LLC does provide explicit, written permission for LightLeader, LLC copyrighted work or trademarks to be used, it may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LightLeader, LLC. All other trademarks not owned by LIGHTLEADER, LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LIGHTLEADER, LLC or its subsidiaries.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of LIGHTLEADER, LLC. Your use of our Website and Services does not grant you any ownership rights to our Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, photographs, text, page layout, or form) of LIGHTLEADER, LLC and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing LIGHTLEADER, LLC’s name or trademarks without the express written consent of LIGHTLEADER, LLC. Any unauthorized use terminates the permission or license granted by LIGHTLEADER, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LIGHTLEADER, LLC so long as the hyperlink follows the Terms and Conditions identified below, in Section 16. Linking to Our Website.
15. Equitable Relief
You acknowledge and agree that in the event of a violation or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the Country of the United States, State of Florida, County of Hillsborough, for purposes of any such action by us.
16. Linking to Our Website
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LIGHTLEADER, LLC so long as:
(a) you do not remove or obscure any portion of our Website by framing or otherwise;
(b) your website does not engage in any activities which violate the “Registered User Conduct” section of this Agreement (regardless of whether you are or are not a Registered User), including, but not limited to, activities which are: illegal, sexually explicit, violent, abusive, maliciously untrue or false, deceptive, fraudulent, hateful, or racially, ethically or otherwise objectionable or illegal;
(c) your website and/ or the hyperlink to our website does not contain software viruses or any other computer code, files, or programs designed to interrupt, disrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services;
(d) Your website or the hyperlink to our website does include or link users to any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, political campaigning, or any other form of solicitation or engaging in commercial activities;
(e) the link does not portray LIGHTLEADER, LLC, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter; and
(f) you cease providing links to our Website immediately upon our request.
You may not use any LIGHTLEADER, LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
17. Eligibility and Registration for Registered Users
To use our non-publicly available services and to purchase our products and services, you must register with our Website to become a Registered User. Your Registered Usership is not transferable or assignable and is void where prohibited. Our Website, Services and Products are intended solely for Users who are at least 18 years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of this Agreement. By using our Website and/or Services, you represent and warrant that you are 18 years of age or older and agree to abide by all the terms and conditions of this Agreement. LightLeader, LLC has sole right and discretion to determine whether to accept a Registered User, and may reject a Visitor’s registration with or without explanation.
You must not use your account or user ID for or in connection with the impersonation of any person. When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that LightLeader, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein. You are responsible for any activity on our website arising out of any failure to keep your password confidential and secure, and may be held liable for any losses arising out of such a failure.
18. Cancelation of Services
18.1. Cancelation of Services by Us
We reserve the right, in our sole discretion, to:
- not accept you as a client;
- restrict or suspend your account;
- cancel your account;
- edit your account details, and/ or
- terminate this Agreement and your access to all or any part of the Website
at any time and for any reason without notice or explanation.
18.2. Cancelation of Services by You
You may:
Cancel your account on our website by emailing us with a written request to: office@lightleadercenter.com.Please give us up to 30 days to cancel your account in our system and remove any related data or information.
19. Errors, Corrections, and Changes
We make every effort to provide you with the highest quality information, products and services, however we do not represent or otherwise warrant:
(a) that the information available on or through our Website will be complete, correct, accurate, timely, or otherwise reliable;
(b) that the material on the website is up to date;
(c) that the website or any content, service or product on the website will remain available;
(d) that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors.
LightLeader, LLC reserves the right at our sole discretion and without notice or explanation, to change any content, software, and other items used or contained in our Website, Services or Products, to discontinue, restrict or alter any or all of our website services, or to stop publishing our website at any time without notice; and save to the extent expressly provided otherwise in this Agreement, you will not be entitled to any compensation or other payment upon the alteration or discontinuance of any website services, or if we stop publishing the website.
20. Disclaimers
20.1. Third Party Disclaimer
Our Website publishes content supplied by third parties, Users, Advertisers, Merchants, and Sponsors. Accordingly, LightLeader, LLC has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Website, are those of the respective author(s) and not of LightLeader, LLC. LightLeader, LLC does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.
20.2. Professional Disclaimer
You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and LightLeader, LLC or our Registered Users. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website, Services or Products.
20.3. Medical and Mental Health Disclaimer
Our Medical and Mental Health Disclaimer is considered part of this Agreement and is available on the Website. Please review our Medical and Mental Health Disclaimer by clicking on this link. If you do not accept and agree to be bound by all the terms of this Agreement, including the LightLeader LLC Medical and Mental Health Disclaimer, please do not use this Website, Services or Products.
This Website and its owners, contributors, and assignees expressly disclaim any and all responsibility for any liability, loss, or risk personal or otherwise, which may be or is incurred as a direct or indirect consequence of the use or application of any of the advice, comments, or information contained on this Website or in our products or services. In no event shall we be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of the information on our Website or in our products or services.
20.4. General Disclaimers
LightLeader, LLC does not guarantee or promise any specific or particular outcome or result from your review of or encounter with any LightLeader, LLC written, audio or video information, or participation in any pre-recorded or live training program, session, workshop or webinar, social media program, meditation, visualization, Positive Vibration Shift, or in-person individual or group session with LightLeader, or any other kind of encounter with LightLeader staff, associates or affiliates.
You are fully and solely responsible for your interpretation of LightLeader, LLC words or actions, written, live or recorded, and for any and all actions you take should any injuries, loss or liability occur related to or resulting from your review of or encounter with any LightLeader LLC written, audio or video information, or participation in any pre-recorded or live training program, session, workshop or webinar, social media program, meditation, visualization, Positive Vibration Shift, in-person individual or group session with LightLeader, LLC or any other kind of encounter with LightLeader staff, videos, audios or information.
You are fully and solely responsible for your own well-being, including the choices and decisions you make before, during and after accessing any LightLeader written, audio or video information, pre-recorded or live training programs, workshops or webinars, social media programs, meditations, visualizations, Positive Vibration Shifts, or in-person individual or group sessions training programs, meditations, visualizations, Positive Vibration Shifts, Path Guidance sessions, or any other LightLeader Services or Products. LightLeader shall not be liable for and expressly disclaims any and all liability for any and all claims or damages resulting from any action taken or inaction as a result of reading LightLeader information, listening to LightLeader audio, listening to and/ or viewing LightLeader video, or taking part in any of the LightLeader services, including, but not limited to one-on-one or group sessions, workshops, presentations, retreats, meditations, visualizations or Positive Vibration Shifts.
LightLeader, LLC uses information on the Website from various sources which we believe to be credible and are used in good faith. However, LightLeader makes no claims, representations, or warranties as to the information’s completeness, accuracy, currency, or reliability.
21. Warranty Disclaimer
LightLeader, LLC is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Registered Users of our Website, or by LightLeader, LLC. Although we provide rules for Registered User conduct and postings, Registered Users can post content without a systematic filtering or review by LightLeader LLC staff or designated representatives. We do not control and are not responsible for what Registered Users post, transmit, or share on our Website or related Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website, Services or Products. Registered Users and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, objectionable or inaccurate. As a Visitor or Registered User, you will let us know about inappropriate content of which you become aware. If you find something that violates our LightLeader Terms and Conditions of Use, please let us know at office@lightleadercenter.com, and we will review it. LightLeader, LLC is not responsible for the online or offline conduct of any User of our Website or Services.
Our Website, Services or Products may be temporarily unavailable from time to time for maintenance or other reasons. LightLeader, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Registered User communications.
LightLeader, LLC is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Registered Users’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
Under no circumstances will LightLeader, LLC be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
LIGHTLEADER, LLC, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. LIGHTLEADER, LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. LIGHTLEADER, LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LIGHTLEADER, LLC.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
22. Limitation of Liability
IN NO EVENT WILL LIGHTLEADER, LLC OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF
LightLeader, LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LIGHTLEADER, LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE SERVICES AND/OR SERVICES ACCESSED DURING THE PREVIOUS 30 DAYS OF YOUR REGISTERED USERSHIP, PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
23. User Conduct
User and Registered User Conduct
23.1. General Use
As a User or Registered User, you may use our website to do the following:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) Stream audio and video files from our website; and
(e) Access and use our website services by means of a web browser.
23.2 Posting Content
Registered Users may post their content to our Website through our Services (Registered User Content). As identified below in this Section, LightLeader, LLC has rules for posting to the website, however we have no systematic review of that content and in no way guarantee its quality, accuracy or integrity. Registered Users and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. As a Visitor or Registered User you will let us know about inappropriate content of which you become aware. If you find something that violates our LightLeader Terms and Conditions of Use, please let us know by sending an email to office@lightleadercenter.com, and we’ll review it. Should any Registered User Content be found illegal, LightLeader, LLC will submit all necessary information to relevant authorities. Should any Registered User Content be found as being offensive, inappropriate, or in violation of our LightLeader Terms and Conditions, we may ask the Registered User to retract or otherwise modify the questionable content within 24 hours of being notified by LightLeader, LLC. If the Registered User fails to meet such a request, LightLeader, LLC has full authority to restrict the Registered User’s ability to post Registered User Content OR to immediately terminate the Registered Usership without further notice to the Registered User. Without limiting the foregoing, we have sole discretion to remove any Registered User Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Registered Users are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws.
23.2 Prohibited Activity
As a User, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Content that:
- Violates any local, state, federal, or international laws
- Infringes on any patent, trademark, trade secret, copyright, moral right, right of publicity, database right, design right, right in passing off, or other intellectual property right or other proprietary rights of any person or entity;
- Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, sexually explicit, abusive, harassing, discriminatory, tortuous, defamatory, libelous, maliciously untrue, false, or misleading, deceptive, fraudulent, invasive of another’s privacy, infringing upon any right of confidence, hateful, or racially, ethically, or otherwise objectionable, promotes or encourages violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); “stalks” or “trolls” another person, or is in breach of racial, ethnic, gender, or religious hatred or discrimination legislation.
- Consists of or contains any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- Be in breach of official secrets legislation;
- Be in breach of any contractual obligation owed to any person;
- Links directly or indirectly to any materials to which you do not have a right to link;
- Contains any private information of any third party, including, without limitation, physical or postal addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- Contains software viruses or any other computer code, files, or programs designed to interrupt, disrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services;
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, political campaigning, or any other form of solicitation or engaging in commercial activities;
- In the sole judgment of LightLeader, LLC is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose LightLeader, LLC, our affiliates, or our Users to any harm or liability of any type.
YOU, AND NOT LIGHTLEADER, LLC, ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL OF THE REGISTERED USER CONTENT THAT YOU UPLOAD, EMAIL, POST OR OTHERWISE TRANSMIT VIA THE WEBSITE OR USING ANY LIGHTLEADER, LLC EMAIL ADDRESS.
As a User, you agree notto use our Services or Content to do any of the following:
- Develop a competing website;
- Create modifications, compilations or derivative works as defined under United States copyright laws;
- Republish material from our website (including republication on another website, social media site, or networked computer environment) without explicit written permission from LightLeader, LLC.;
- Show any content from our website in public for the purpose of financial benefit, either direct or indirect, without explicit written permission from LightLeader, LLC;
- Decompile, disassemble, or reverse engineer our Website, Services, and any related software;
- Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws;
- Redistribute content in any manner, including, but not limited to, sale, license, sub-license, lease, rental, subscription, or any other distribution mechanism without explicit written permission from LightLeader, LLC.
- Notwithstanding the previous sections, you MAY redistribute our newsletter in print and/or electronic form to any person.
In terms of acceptable use of our website, you must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; we may, however, grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available, searchable indices of the materials, but not to include caches or archives of such materials;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);
(h) You must not use data collected from our website to contact individuals, companies or other persons or entities.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.
24. Use of Information
You retain all copyrights and other intellectual property rights in and to your own Registered User Content. However, by posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Registered User Content”) to our Website, you are granting LightLeader, LLC, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Registered User Content in connection with the operation of the business of LightLeader, LLC, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, publicly perform, reproduce, translate, edit, modify, adapt, create derivative works from, combine with other content, reformat Registered User Content, and otherwise use (including for profit.)
You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content and/or to advertise and promote the Website, LightLeader, LLC, and our products and services. By submitting your content, you acknowledge and agree that uses of your Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit. You understand and agree that you will not be compensated for any Content you submit or which we use.
By posting or submitting Content on our Website or Service, or submitting via email to LightLeader, LLC, you warrant and represent that: you own or otherwise control all the rights to the Content that you post or are authorized to post, display, distribute, perform, or transmit; that the Content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify LIGHTLEADER, LLC or its associates for all claims resulting from content you supply. LIGHTLEADER, LLC has the right but not the obligation to monitor and edit or remove any activity or content. LIGHTLEADER, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
25. Digital Millennium Copyright Act
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the Digital Millennium Copyright Act (the “Act”) and other applicable law, we have adopted a policy of terminating Registered Users whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights. LightLeader, LLC acknowledges and respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received in writing and remove any Content which has been posted or distributed in violation of any such laws.
If you believe that your work has been copied onto the Website in a way that constitutes copyright infringement, please provide us with written notice in accordance with the requirements of the Act, including: 1) a description of the copyrighted work that you believe has been infringed upon; 2) the specific location within the Website where such work is located; 3) a copy of the original copyrighted work or a description of the location of the original; 4) your name, address, telephone number and email address; 5) a statement by you that the use is not authorized by you, the copyright owner, or you as the designated agent of the copyright owner, or the law; 6) a statement by you that the information in your notification is accurate and that you are the copyright owner or formally authorized to act on the copyright owner’s behalf; and 7) a signature, physical or electronic, of the owner of the copyright or the person formally authorized to act on behalf of the owner of the copyright. You can send this notification to LightLeader, LLC at office@lightleadercenter.com
26. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
27. Links to Other Websites
Our Website may contain links to third-party websites. The content of such External Sites is developed and provided by others. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. Inclusion of links for any website on our Website are provided solely as a convenience to you does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. LightLeader, LLC has no control over the legal documents and privacy practices of third-party websites; you should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used. If you have any concerns regarding such links or any content located on such External Sites, you should contact the site administrator or webmaster for those External Sites.
28. Payments
You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
As consideration for any purchase you make on the Website, you shall pay LightLeader, LLC, all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. If the issuer of your credit card is outside of the United States, the issuer of your credit card may charge you a foreign transaction fee or similar or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details prior to making an international purchase.
29. Refund and Return Policy
29a. Pre-Recorded Program Refunds
For pre-recorded programs, like Positive Vibration Shifts or Online Training, if you take part in your program or service and are not completely satisfied, please let us know within 30 days of the purchase date by sending an email to support@lightleadercenter.com. Please use the word “REFUND” in the subject line, and include a brief note advising us of the reason for your request, and LightLeader will refund your money for that program or service.
29b. Live Program Refunds
For live programs, such as one-on-one Path Guidance and Mentorship Sessions, if you must cancel before the session, please do so no less than 24 hours prior to your appointment. Client cancelations or “no shows” made by the client within 24 hours of the time of the session are subject to full payment at the discretion of LightLeader, LLC., and may not be refunded. See section 31, below for further instructions on how to cancel an appointment in the online system. If you do cancel in the online system, refunds are not automatically processed. You must notify LightLeader staff by sending an email to support@lightleadercenter.com, with “REFUND” in the subject line, and request a refund.
For live sessions such as one-on-one Path Strategy Sessions, Mentor Sessions, or paid Workshops, if you are not satisfied with your session, please let us know within 24 hours of your session or workshop and LightLeader staff will make a best effort to work with you to improve the program and your satisfaction with it. If a reasonable effort is made to resolve the situation and it is still not to your satisfaction, please advise us in writing, within 30 days of the session or workshop, via email at support@lightleadercenter.com. Please use the word “REFUND” in the subject line, and include a brief note advising us of the reason for your request, and LightLeader will give you a refund for that session or that segment of your program for which you are not satisfied.
30. Client Responsibility – Technology and Live Video Calls
30a. For live video call services, we will utilize readily available, free, online video calling programs, such as Zoom, WhatsApp or Skype. In advance of the session, the type of software/ application required will be discussed and agreed upon. Please be sure you have the appropriate software/ application and hardware necessary for the scheduled call, and please make sure you have successfully tested it prior to the session. You are completely responsible for any costs associated with securing the appropriate hardware if you do not already have it. If you do not wish to secure or use the appropriate software/ application needed for the call, then you may not be able to access the requested services from LightLeader, LLC.
30b. Also prior to the session, be sure you have a steady internet signal and a quiet space free from noise and distractions. LightLeader, LLC cannot be held responsible for: sessions which are disrupted or interrupted by elements in the participant’s environment; the participant’s technological issues or technological limitations; or other issues which occur on the participant’s end and interfere with the internet connection or the success of the session. Such sessions are still subject to full payment at the discretion of LightLeader, LLC. In addition, LightLeader, LLC session scheduling does not accommodate time in-between appointments, and as such we are not able to extend a session if it was delayed because of technology issues. If you arrive late to a call, regardless of circumstances, the call will still need to close at the originally scheduled time.
31. Session Cancelations
Unless otherwise agreed to in writing, LightLeader, LLC requires payment in full for “live” services at the time the appointment is scheduled in the automated system. If you must cancel prior to the sessions, you can return to the email you received when you made your appointment and click “Cancel” below the appointment link. Client cancelations or “no shows” made by the client within 24 hours of the time of the session are subject to full payment at the discretion of LightLeader, LLC and may not be refunded. If you do need to cancel and are eligible for a refund of your payment, refunds are not automatically processed in the system. See section 29b, above, for how to request a refund.
32. Termination of Registered Usership
Your Registered Usership with us is effective until terminated by you or us. Your rights under this Agreement will terminate without your notice if you fail to comply with any term of this Agreement. Upon termination, you will stop representing yourself as a LightLeader Registered User or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues, and Payments will survive the termination of this Agreement.
Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) suspend or delete your account on our website.
(e) block computers using your IP address from accessing our website;
(f) contact any or all of your internet service providers and request that they block your access to our website; ad/ or
(g) commence legal action against you, whether for breach of contract or otherwise.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account or using someone else’s account).
33. Indemnification
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assignees, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless and free from and against any damage, liability, loss, claim, expense, actions and demands, including reasonable legal and accounting fees, related to your violation of this Agreement or use of our Website or Services. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this Agreement.
34. Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
35. Changes to Our Agreement
We reserve the right to change these Terms and Conditions at any time by giving Registered Users advance notice of the changes by email. We will also post these changes on our website. These changes will become effective 15 days after the send date of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
36. Questions
Questions regarding our Terms and Conditions of Use, Privacy Policy, or other policy-related material can be directed to our support staff by clicking on the “contact us” link in the home page top bar menu. Or you can email us at office@lightleadercenter.com.
Copyright © Orion Systems. Neither this document nor any portion of it may be copied or duplicated without a license from www.DisclaimerTemplate.com