Website Terms of Service Agreement
Effective February 1, 2016
Welcome to the Lighthouse (“Lighthouse”) website for Lighthouse Navigate (“Website”). Lighthouse provides and makes available this Website, subject to this Terms of Service Agreement (“Agreement” or “TOS”). This Agreement explains a contractual agreement between you (“user,” “you,” “your”) and Lighthouse regarding your use of this Website. You should print a copy of this Agreement for your records. Please note, however, that Lighthouse may update and amend this Agreement from time to time as Lighthouse deems necessary, in its sole discretion, and without prior written notice to you.
DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE WITH THESE TERMS.
Lighthouse reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement, or to change or delete any features of this Website, at any time, with or without prior notice to you. Such modifications, alterations, and updates of this Agreement shall be effective immediately upon posting upon the Website. You agree to be bound by such modified, altered and updated terms if you access or use this Website after Lighthouse has posted notice of modifications, alterations or updates. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR UPDATED TERMS, THEN YOU SHOULD NOT USE THIS WEBSITE AFTER SUCH MODIFICATIONS, ALTERATIONS OR UPDATES HAVE BEEN POSTED.
USE OF THIS WEBSITE AND INTELLECTUAL PROPERTY RIGHTS
Lighthouse controls and (either itself and/or through its third party hosts) operates this Website. All content on this Website, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of Lighthouse or its Third Parties, and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The content is owned and controlled by Lighthouse, its affiliated or related entities, or the Third Parties that have licensed or otherwise made available their content. You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on this Website, including, but not limited to, any logos, images or characters, meta tags or similar code, or hidden text or elements containing such information or property, without the express written consent of the owner of the mark or copyright. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of Lighthouse, or otherwise incorporate into another website any of the content or other materials on this Website, without Lighthouse’s express prior written consent. You may not deep link to any page or portion of this Website without Lighthouse’s prior written consent. Violation of trademark and copyright laws (“Infringement”) may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. You recognize that any reproduction or use of content, copyrights, trademarks, service marks, or other intellectual property on this Website, except as authorized by this Agreement, is considered intentional Infringement.
You warrant and represent to Lighthouse that you will not use this Website for any purpose that is unlawful, illegal or prohibited by this Agreement, including, without limitation, the sending, posting, transmitting, displaying, or distributing any data from this Website to an unauthorized person. You are responsible for maintaining the confidentiality of your login credentials, and you agree not to share your login credentials with anyone or allow anyone to use your account. You also agree to take full responsibility for any activity that occurs through the use of your account. If you become aware that any other person has accessed your account or has obtained your login credentials, you agree to notify us immediately. You acknowledge that the information accessed on this Website is highly confidential and will not be shared with any person other than those authorized in your company and are subject to the confidentiality terms agreed upon with Lighthouse.
If you violate any of these responsibilities, your permission to use this Website immediately terminates without the necessity of any notice by us to you. Lighthouse, at its sole discretion, retains the right to deny access to this Website to anyone for any reason, including for violation of this Agreement. You agree that any information that you provide will be true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete (or Lighthouse has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete), Lighthouse has the right to suspend or terminate your access and activity relating to, and to refuse any and all current or future use of, this Website.
You are specifically prohibited from any use of this Website, and you agree not to use or permit others to use this Website, without limitation, for any of the following: (a) disclose to, or share with, any unauthorized third parties your assigned login credentials, or use your assigned login credentials for any unauthorized purpose, or otherwise allow or facilitate others to gain access to Lighthouse’s information technology systems, environments, networks, files, data or accounts through the use of your assigned login information; (b) access or attempt to access Lighthouse’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for You), or log into a server or account that you are not authorized to access; (c) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Website; (d) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of this Website or Lighthouse’s, its affiliated or related entities’ or the Third Party’s systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. This includes “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a service or to burden excessively a service’s resources, attempts to “crash” a host, and/or modifying or rerouting any content or services provided at this Website; (e) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with this Website; (f) upload, post, e-mail or otherwise transmit any information, content, or proprietary rights that you do not have a right to transmit under this Agreement, any law or other contractual or fiduciary relationships; and/or (g) use any robot, spider, intelligent agent, meta-searching, other automatic device, or manual process to search, monitor or copy Lighthouse’s Website pages or the content.
ALL CONTENT, PRODUCTS AND SERVICES ON THIS WEBSITE, UNLESS OTHERWISE EXPRESSLY STATED IN WRITING BY LIGHTHOUSE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS WEB SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, LIGHTHOUSE UPDATES THE DATA ON A PERIODIC BASIS. THEREFORE THE DATA YOU VIEW MAY NOT BE REAL TIME AND LIGHTHOUSE CANNOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. PLEASE CONTACT YOUR ASSIGNED PROGRAM MANAGER FOR THE MOST UP-TO-DATE DATA.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, LIGHTHOUSE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER LIGHTHOUSE, NOR THE THIRD PARTIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, HOSTING AND/OR DISTRIBUTION OF THIS WEBSITE, WARRANT THAT THE FUNCTIONS, FEATURES OR SERVICES CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION. LIGHTHOUSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE PROVIDED OR ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. YOU (AND NOT LIGHTHOUSE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING, WITHOUT LIMITATION, YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR COMPUTER, NETWORK AND/OR SYSTEM.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LIGHTHOUSE, ITS AFFILIATED OR RELATED ENTITIES OR THIRD PARTIES, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION AND HOSTING OF THIS WEBSITE, BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OF ANY KIND, WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER LIGHTHOUSE (OR ITS AFFILIATED OR RELATED ENTITIES OR PROVIDERS) KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE.
GOVERNING LAW AND JURISDICTION
By accessing this Website, you agree that this Agreement and your use of the Website shall be governed in all respect by the laws of the State of Washington, without regard to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International Sale of Goods. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in the State of Washington for all disputes, cases and controversies regarding this Website, your use of this Website, and any matter arising out of or related to this Agreement.
Lighthouse reserves the right to report any wrongdoing, if and when it becomes aware of it, to any applicable government or law enforcement agencies. You agree to indemnify, defend and hold Lighthouse, its and their officers, directors, employees, affiliated or related entities, Third Parties, agents, licensors, and suppliers, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your use of this Website, your breach of any provision of this Agreement and/or any negligent acts, omissions or intentional wrongdoing by you.
Lighthouse’s failure to act with respect to a breach by you or others does not waive Lighthouse’s right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. You and Lighthouse are dealing at arms’ length, creating a commercial relationship. Lighthouse is not your agent, representative or fiduciary. The provisions and conditions of this Agreement, and each obligation referenced herein, represent the entire Agreement between Lighthouse (including the Third Parties), its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between this Agreement and any future published terms of service or understanding, the last published Agreement shall prevail.
LIGHTHOUSE RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.