TERMS AND CONDITIONS (“the Terms of Use”)
You should carefully read the Terms of Use
before using Our Site. By using Our Site or
indicating your agreement by clicking the
Accept button putting a check in the Accept
box, you agree to be bound by the Terms of
Use. This is a legally binding agreement. If you
do not agree with the Terms of Use you should
not use Our Site.
1. We agree to provide you access to Our Site
in accordance with the Terms of Use.
2. You agree to use Our Site in a manner
consistent with any and all applicable rules
and regulations.
3. You accept that Our Site is provided on an
“as is, as available” basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED
BY US ON OUR SITE ARE FOR INFORMATION
ONLY AND ARE NO SUBSTITUTE FOR
SPECIFIC ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE
MAY BE TERMINATED AT ANY TIME FOR ANY
REASON OR FOR NO REASON BY YOU OR BY
US BY THE SENDING OF NOTICE TO THE
OTHER PARTY.
6. WE MAY FOR MARKETING PURPOSES
COLLECT, PROCESS AND TRANSMIT DATA
OBTAINED FROM AND ABOUT YOU IN THE
COURSE OF YOUR ACCESSING OUR SITE.
7. You are authorized to download one copy of
the material on our Site on one computer for
your personal, non-commercial use only but
you may not in so doing remove or amend any
trademark, copyright or other proprietary
notice.
8. Subject to the above, you may not modify,
copy, distribute, republish or upload any of the
material on our Site without our prior consent
in writing. No intellectual property or other
rights shall be transferred to you.
9. To the extent that portions of our Site (such
as “chat rooms” or “bulletin boards”) provide
users an opportunity to post and exchange
information, ideas and opinions (“Postings”),
BE ADVISED THAT WE DO NOT SCREEN, EDIT,
OR REVIEW POSTINGS PRIOR TO THEIR
APPEARANCE ON THIS WEB SITE, and
Postings do not necessarily reflect our views.
To the fullest extent permitted by applicable
laws, we exclude all responsibility and liability
for the Postings or for any losses or expenses
resulting from their use and/or appearance on
our Site.
10. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAWS, WE ON BEHALF OF OUR
EMPLOYEES, AGENTS, SUPPLIERS, AND
CONTRACTORS EXCLUDE LIABILITY FOR
ANY LOSSES AND EXPENSES OF WHATEVER
NATURE AND HOWSOEVER ARISING,
INCLUDING WITHOUT LIMITATION ANY
DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, LOSS OF USE,
LOSS OF DATA, LOSS CAUSED BY A VIRUS,
LOSS OF INCOME OR PROFIT, LOSS OF OR
DAMAGE TO PROPERTY, CLAIMS OF THIRD
PARTIES, OR OTHER LOSSES OF ANY KIND
OR CHARACTER, EVEN IF WE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES, ARISING OUT OF OR
IN CONNECTION WITH THE USE OF THIS OUR
SITE OR ANY WEB SITE WITH WHICH IT IS
LINKED. YOU ASSUME TOTAL
RESPONSIBILITY FOR ESTABLISHING SUCH
PROCEDURES FOR DATA BACK UP AND
VIRUS CHECKING AS YOU CONSIDER
NECESSARY.
11. We reserve the right to monitor all
materials posted on this bulletin board
(“Postings”) and to remove any which we
consider in our absolute discretion to be
offensive or otherwise in breach of these
Terms of Use.
12. You hereby represent and warrant that you
have all necessary rights in and to all Postings
you provide and all material they contain and
that such Postings shall not infringe any
proprietary or other rights of third parties.
13. Where we provide hypertext links to other
sites we do so for information purposes only,
and such links are not endorsements by us of
any products or services in such sites and we
accept no liability nor make any endorsement
or approval of the same.
14. The Terms of Use contain the entire
understanding between us with respect of Our
Site and no representation, statement,
inducement oral or written, not contained
herein shall bind either of us.
15. Should any part of the Terms of Use be
declared invalid or unenforceable by a court of
competent jurisdiction, this shall not affect the
validity of any remaining portion and such
remaining portion shall remain in full force and
effect as if the invalid portion of the Terms of
Use had been eliminated.
16. This Agreement is governed by the laws of
the State of North Carolina, without regard to
principles of conflict of laws.
To the extent you have in any manner violated
or threatened to violate lightforminc.com
and/or its affiliates’ intellectual property rights,
lightforminc.com and/or its affiliates may seek
injunctive or other appropriate relief in any
state or federal court in the State of North
Carolina, and you consent to exclusive
jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we
agree to first try to resolve it with the help of a
mutually agreed-upon mediator in the
following location: Asheville, NC. Any costs
and fees other than attorney fees associated
with the mediation will be shared equally by
each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we
agree to submit the dispute to binding
arbitration at the following location: Asheville,
NC, under the rules of the American Arbitration
Association. Judgment upon the award
rendered by the arbitration may be entered in