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TERMS OF USE

Last Updated: 2.16.2024

Welcome to LIGHTLINK! These Terms of Use ("Terms") govern your access to and use of the LIGHTLINK software application ("Application"), including any updates, enhancements, or modifications thereto. By accessing or using the Application, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Application.

Where the present Terms of Use refer to “LIGHTLINK”, it may refer to the LIGHTLINK application or GOLIGHTLINK or both, depending on the context.

1. Access and Use of the Application

1.1 License: Subject to these Terms, LIGHTLINK grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Application solely for your personal, non-commercial purposes.

1.2 Restrictions: You may not:

  • Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Application.

  • Use the Application for any unlawful purpose or in violation of these Terms.

  • Interfere with or disrupt the operation of the Application or servers or networks connected to the Application.

  • Use any robot, spider, scraper, or other automated means to access the Application without our prior written consent.

  • Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Application.

2. User Accounts

2.1 Account Creation: In order to access certain features of the Application, you may be required to create a user account. You agree to provide accurate, current, and complete information during the account registration process and to update such information to keep it accurate, current, and complete.

2.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify LIGHTLINK immediately of any unauthorized use of your account or any other breach of security.

3. User-Generated Content

3.1 Ownership: GOLIGHTLINK owns all user-generated content created within the LIGHTLINK software application. By using the Application, you grant GOLIGHTLINK a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such content for any purpose.

3.2 Prohibited Content: You may not create, upload, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

4. Intellectual Property Rights

4.1 Ownership: GOLIGHTLINK retains all right, title, and interest in and to the Application, including all intellectual property rights therein. Nothing in these Terms grants you any right, title, or interest in or to the Application except for the limited license expressly provided herein.

4.2 Feedback: If you provide LIGHTLINK with any feedback, suggestions, or comments regarding the Application ("Feedback"), you hereby grant LIGHTLINK a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such Feedback for any purpose.

5. Privacy Policy

5.1 Privacy Policy: Your use of the Application is subject to LIGHTLINK's Privacy Policy, which is incorporated herein by reference. By using the Application, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

6. Termination

6.1 Termination: LIGHTLINK may terminate or suspend your access to the Application at any time, with or without cause, and without prior notice or liability. Upon termination, your right to use the Application will immediately cease.

7. Disclaimer of Warranties

7.1 No Warranty: THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIGHTLINK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

8.1 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIGHTLINK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE APPLICATION, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF LIGHTLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Governing Law and Dispute Resolution

9.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.

9.2 Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of Florida,  before one arbitrator.

10. Miscellaneous

10.1 Entire Agreement: These Terms constitute the entire agreement between you and LIGHTLINK regarding your use of the Application and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written.

10.2 Waiver: The failure of LIGHTLINK to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

10.3 Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.

11. Contact Us

If you have any questions about these Terms, please contact us at contact@golightlink.com.

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