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 any court with jurisdiction to do so..