Effective as of June 1, 2017.
NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW HERE CONTAINS PROVISIONS THAT REQUIRE, WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND COMPANY UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND THAT YOU AND COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY. BY USING THE SERVICES AND ACCEPTING THIS AGREEMENT, YOU HEREBY AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT.
We may update the content offered via the Services from time to time, but any such content is not necessarily complete or up-to-date. Any of the material offered via the Services may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to withdraw or amend the Services, and any materials we provide via the Services, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including, but not limited to, any registered users.
If you choose, or are provided with, a user name, password or any other piece of information to access the Services (or part thereof) or other security procedures, you must treat any and all such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your access and/or account for the Services, or any feature or other aspect thereof, is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, account or other security information regarding the Services. You agree to notify us immediately of any unauthorized access to or use of your user name or password, account, or access to the Services, or any other breach of security regarding the Services. You also agree to ensure that you exit from the Services and/or your account at the end of each session. You should use particular caution when accessing the Services from a public or shared computer so that others are not able to view or record your password(s) or other information (including, but not limited to, your personal information).
The Services and all content, features, technology and functionality (including, but not limited to, any information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) contained therein, are owned by Company, its licensors or other providers of such material and are protected by Applicable Law, including, but not limited to, U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Company’s names, and any and all related names, logos, product, branding and service names, designs and slogans are trademarks and/or other intellectual property of Company and/or the Company Parties (as defined below). You must not use any such content or marks without the prior written permission of Company or a Company Party (as defined below) in each instance.
IF YOU PURCHASE A PRODUCT OR SERVICE MADE AVAILABLE VIA THE SERVICES (EACH SUCH PURCHASE, A “TRANSACTION”), YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) AND/OR ANY OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION OR PAYMENT SERVICE(S) AND YOU AGREE TO PAY ALL CHARGES THAT MAY BE INCURRED BY YOU OR ON YOUR BEHALF THROUGH OR VIA THE SERVICES, AT THE PRICES(S) THEN-CURRENTLY IN EFFECT WHEN ANY SUCH CHARGES ARE INCURRED INCLUDING, BUT NOT LIMITED TO, ANY AND ALL SHIPPING AND HANDLING CHARGES AND APPLICABLE TAXES. Verification of your information may be required prior to the acknowledgment or completion of any Transaction. For the avoidance of doubt, you are responsible for any taxes that may be applicable to your Transactions and we may be required by Applicable Law to collect sales tax on orders shipped to certain states, so if your order is shipping to any such states, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. We reserve the right to collect sales tax in any other jurisdictions if we believe that such collection is required by Applicable Law. The prices displayed via the Services are quoted in U.S. dollars, unless otherwise indicated. All orders placed through the Services are subject to our acceptance and we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any reason or for no reason, and without liability to you or anyone else.
The information presented on or via the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We expressly disclaim any and all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Services, or by anyone who may be informed of any of the information, content or any other material in connection with the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, materials or content available via the Services. The relationship between you and the Services is not a priest-penitent, physican-patient or psychotherapist-patient relationship, or any similar relationship. The content accessed via the Services is not intended to be the practice of medicine, including, but not limited to, psychology, psychiatry, or psychotherapy, or providing health care or nutrition advice or instruction for diagnosis or treatment. Company does not recommend the self-management of health or mental health problems. You should never delay in seeking treatment, or disregard medical advice, because of something you have read on the Services.
The Services may include content provided by third parties, including, but not limited to, any materials provided by other users, bloggers and third party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Company and, irrespective of whether or not such materials are available via the Services, we do not endorse any such third-party materials and we are not responsible or liable, to you or to any third party, for any content or the accuracy of any materials provided by any third parties or any actions of such third parties.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS COMPANY AND THE COMPANY PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Please note that we do not undertake to review all material before it is posted via the Services, and we cannot ensure prompt removal of any objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, content or any other material provided by any user or third-party. We have no liability or responsibility to anyone for performance or non-performance of the monitoring and enforcement activities described in this section.
If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
Written notification of claimed infringement must be submitted to the following designated agent (“Designated Agent”):
Company’s Designated Agent: Copyright Agent, LightWorkers Media OTT, LLC, 100 Corporate Pointe, Suite 100, Culver City, CA 90230 or DMCA@lightworkers.com or 310-903-5400.
If your content was removed (or access thereto was disabled) and you believe that such content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to Applicable Law, to make such content available to us for use on the Services, you may send a counter-notice containing the following information to our Designated Agent:
If a counter-notice is received by our Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
The Services may contain features or functionalities including, but not limited to, comment sections, profiles, forums, videos, and other interactive features that allow users to post, submit, publish, display or transmit to other users of the Services or other users of Third Party Services (hereinafter, “post”) certain content or materials that are provided by users (collectively, “User Contributions”) via the Services. By posting any User Contribution via the Services, you grant the Company Parties the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, including, but not limited to, any commercial and promotional purposes, without additional compensation to (or consent from) you.
You represent and warrant that (a) you own or control all rights in and to the User Contributions and that you have the right to grant the license granted above to the Company Parties and (b) you will not post any content or any other material that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and that you, not Company, assume full responsibility for any and all such User Contributions, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
If the Services provide features that enable you to display, embed, link to, post or otherwise share certain content, you may use these features solely as they are provided by us via the Services, and solely for the content they are displayed with, solely for your personal, non-commercial use in the U.S., and otherwise in accordance with any applicable Third Party Service terms (for example, a social media service’s terms, if you share or post through a social media service). You agree not to distribute in any medium any part of the Services, including, but not limited to, any content available via the Services, without Company’s prior written authorization, unless Company makes the means for such distribution available through functionality offered by the Services (such as shareable links or features allowing you to embed certain content). If Company permits you to embed Company’s video player on another website, application or service (“Embeddable Player”), you may use such Embeddable Player solely in the form provided by Company and you may not modify, build upon, reverse engineer or block any portion, feature(s) or functionality of the Embeddable Player, including, but not limited to, advertising or links back to the Services contained therein. In addition, you may not sell or otherwise offer advertising, marketing, sponsorship or promotions in connection with the Services, including, but not limited to, any content or feature(s) available via the Services (including, but not limited to, the Embeddable Player).
The owner of the Services is based in the U.S. We provide the Services for use only by persons located in the U.S. We make no claims that the Services or any content or materials available via the Services is accessible or appropriate outside of the U.S. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
YOUR USE OF THE SERVICES AND ANY CONTENT OR ITEMS OBTAINED OR ACCESSED VIA THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, including, but not limited to, the SITE, CONTENT, technology, software AND/OR other ITEMS OBTAINED OR ACCESSED Via the services ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANY COMPANY PARTY (AS DEFINED BELOW) REPRESENTS OR WARRANTS THAT THE SERVICES, including, but not limited to, the SITE, CONTENT, technology, software AND/OR other ITEMS OBTAINED OR ACCESSED Via THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES (INCLUDING, BUT NOT LIMITED TO, OUR SITE OR THE SERVER OR OTHER MEANS THAT MAKES IT AVAILABLE) ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY INFORMATION OR CONTENT OR ANY OTHER MATERIALS OR ITEMS OBTAINED OR ACCESSED VIA THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
EACH OF COMPANY AND EACH COMPANY PARTY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Services OR VIA THE internet OR MOBILE/WIRELESS OR ANY OTHER MEANS will be free of viruses or other destructive code. You are SOLELY responsible for implementing sufficient SAFEGUARDS, procedures and checkpoints to satisfy your SPECIFIC requirements for anti-virus protection, FOR ANY AND ALL accuracy of data input and output, and for maintaining a means external to THE SERVICES for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAM(S), DEVICE(S), DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR INFORMATION, CONTENT, MATERIALS, ADVICE OR OTHER ITEMS OBTAINED OR ACCESSED VIA THE SERVICES, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY SITE(S) OR SERVICE(S) LINKED TO THE SERVICES.
IN NO EVENT WILL COMPANY OR ANY COMPANY PARTY BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SITES OR ANY SERVICES LINKED TO THE SERVICES, ANY INFORMATION, CONTENT, TECHNOLOGY, MATERIALS, OR ANY OTHER ITEM(S) OFFERED VIA THE SERVICES OR VIA SUCH OTHER SITES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND INCLUDING, BUT NOT LIMITED TO, ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
3. You and Company each acknowledge and agree to abide by the following rules for arbitration: (a) EACH OF YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) Company will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by Applicable Law; and (d) each side pays his, her or its own attorneys’ fees, except as otherwise provided in paragraph 5 below. JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against Company, you and Company acknowledge and agree to abide by the following: (i) If you are seeking to recover less than ten thousand dollars ($10,000) (inclusive of attorneys’ fees), Company will pay the filing fee on your behalf or reimburse your payment of it; (ii) If you are seeking to recover ten thousand dollars ($10,000) or more, you will have to pay the filing fee charged by JAMS, but Company will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator; (iii) Company and you agree that, if the claims to be arbitrated total less than ten thousand dollars ($10,000) (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. Company will not request a hearing for any claims totaling less than ten thousand dollars ($10,000). This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules; and (iv) Company and you agree that, if the claims to be arbitrated total a dollar amount of ten thousand dollars ($10,000) or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.
4. Regardless of how the arbitration proceeds, each of you and Company shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
5. Each of you and Company may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall be determined by the Applicable Law. In addition to whatever rights you may have to recover your attorneys’ fees under Applicable Law, if you prevail in the arbitration, and if Company failed to make a settlement offer to you before the arbitration or the amount you win is at least twenty-five percent (25%) greater than Company’s highest settlement offer, then Company will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If Company wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by Applicable Law.
6. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not order Company to pay any monies to or take any actions with respect to persons other than you, unless Company explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless Company expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
7. You and Company agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
Both you and Company waive the right to bring any controversy, claim or dispute ARISING OUT OF OR RELATING in any way to your use of the Services, or TO ANY purchases MADE through the SERVICES, as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else.
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: TermsofUseQuestions@Lightworkers.com.
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