Terms & Conditions
1. Use of Site. This page contains our full Terms and Conditions of Use for the Internet site located at www.lighthousereturns.com (the “Site”). You may wish to print this page for reference.
This Agreement sets forth the terms and conditions for your use of this Lighthouse Returns Web site. Your use of this site constitutes your agreement to these terms and conditions.
This Agreement is between you and LightHouse Returns, a corporation organized and existing under the laws of California having its offices in San Marcos, Ca.
2. Binding Effect. This is a binding agreement (the “Agreement”). By visiting the Site or any services provided in connection with the Site (the “Services”), or any other web sites (collectively the “Sites”) operated by or one of its divisions or subsidiaries (collectively the “Administrator”), you agree to abide by these Terms and Conditions of Use when you visit the Sites. These Terms and Conditions of Use may be amended by the Administrator from time to time in its sole discretion. Administrator will post a notice on the Site any time these Terms and Condition of Use have been changed or otherwise updated. It is your responsibility to review these Terms and Conditions of Use periodically, and if at any time you find these Terms and Conditions of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
3. Nonexclusive License. Administrator grants to you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for your personal use, provided that you fully comply with these Terms and Conditions of Use. No portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of Administrator. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Administrator without the prior written consent of Administrator. You may not use any meta tags or other “hidden text” utilizing Administrator’s name or trademarks without the express prior written consent of Administrator. Any unauthorized use terminates the license granted by Administrator. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of lighthousereturns.com so long as the link does not portray Administrator, its affiliates, or their products and/or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without the prior express written authorization of Administrator.
4. Prohibited Uses. Administrator imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Administrator in providing the Site or Service. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use this Site (1) to promote any unlawful activity or purpose, including, without limitation, any activity that could give rise to criminal or civil liability; (2) carry out any unauthorized alteration of any data or information on or supplied by another use of the Site; or (3) conduct any activity that fringes on the copyright, patent, trademark, service mark or other rights of any person or entity, as more fully provided in paragraph 7 of the Terms and Conditions of Use. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any officer, director, employee, or agent of Administrator. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous, or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contact rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind, including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list. The (x) unauthorized use or modification of any information stored on this Site, (y) any violation of system or network security or (z) any of the other foregoing prohibited uses, may subject you to civil liability and/or criminal prosecution under Federal, State and/or local law.
5. Age Restrictions. You represent and warrant to Administrator that you are at least eighteen (18) years of age and that you have the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement and the Terms and Conditions of Use.
7. Compliance with Intellectual Property Laws. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. All materials on the Site, including without limitation information, content, text, databases, images, video clips, audio clips, and software (collectively, the “Content”) are owned or controlled by Administrator or its Sponsors, each of which retain all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of Administrator’s, any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of Administrator.
LIGHTHOUSE RETURNS™, and other related trademarks and service marks are the property of the Administrator and are protected by United States and international trademark law. They may not be used without the prior written permission from the Administrator, and all rights are reserved.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of Administrator and/or its Sponsors, or any of their respective employees, licensors, independent contractors, agents, providers and affiliates (collectively, “Affiliates”) without the prior written permission of Administrator, the particular Sponsor or the relevant Affiliate. In addition, you may not use such trademarks: (a) in, as, or as part of, your own trademarks or those of any third parties; (b) to identify products or services that are not those of the Administrator; (c) in a manner likely to cause confusion; or (d) in a manner that implies that the Administrator sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties.
9. DISCLAIMER OF WARRANTY AND LIMITATION OF DAMAGES.
(a) ADMINISTRATOR IS NEITHER RESPONSIBLE NOR LIABLE FOR VIRUSES OR OTHER CONTAMINATION OF YOUR COMPUTER SYSTEM OR OTHER DEVICE USED TO ACCESS THE SITE AS A RESULT OF YOUR USE OF THIS SITE. THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE OR DESCRIBED ON THE SITE OR ACCESSED BY MEANS THEREOF) IS PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ADMINISTRATOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL ADMINISTRATOR, ITS SPONSORS, ITS SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE’S CONTENT BE LIABLE FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION ON THE SITE, FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES, OR FOR ANY ACTUAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS AND INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE SITE. THE LIMITATIONS HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS.
(b) THE RELIANCE BY YOU OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE IS AT YOUR SOLE RISK. ADMINISTRATOR RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. NEITHER ADMINISTRATOR NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THIS SITE.
(c) USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISKS OF LOSS RESULTING FROM THE DOWNLOADING AND/OR USE BY YOU OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.
(d) ADMINISTRATOR MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY SITE LINKED TO THE SITE. ADMINISTRATOR WILL NOT BE LIABLE FOR THE PRIVACY OF E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON OUR EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY THIS SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
10. Indemnification. You agree to indemnify Administrator for certain of your acts and omissions. You hereby agree to indemnify, defend and hold Administrator, Sponsors, and their respective parent companies, subsidiaries, officers, directors, employees, consultants, agents, and affiliates, harmless from and against any and all claims or demands, including attorneys’ fees and costs, made by any third party due to or arising out of your access to or use of the Site, your violation of these Terms and Conditions of Use, your obligations set forth herein, or other infringement by you, or any other use of your member name, of any intellectual property or other right of any person or entity. Administrator will notify you promptly of any such claim, loss, liability, or demand. You agree to cooperate as fully as reasonably required in the defense of any such claim. Administrator reserves the right, at its sole cost and expense, to assume the exclusive defense and control of any matter otherwise subject to these indemnification provisions. You agree that you shall not in any event settle any matter without the prior written consent of Administrator.
11. Use of Site in California. Administrator operates and controls this Site from its offices in the State of California. Administrator makes no representations that any of the materials or the services in the Site to which you have been given access are appropriate or available for use in other locations. Access to the Site from any territory in which the content is illegal is prohibited. Your use of or access to the Site should not be construed as Administrator’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. If you choose to access the Site from locations outside of California, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of this Site does not subject Administrator to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. The Site is controlled and operated by Administrator from its offices in the State of California. Administrator makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations.
12. Governing Law. These Terms and Conditions of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego County, California, USA, in all disputes arising out of or related to the use of the Site or Service.
13. Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover all attorneys’ fees, costs (including expert witness fees), and necessary disbursements in connection with such action in addition to any relief to which he, she or it may be entitled.
14. Entire Agreement; Waiver. This Agreement constitutes the full and entire understanding and agreement between you and the Administrator with respect to the Site, and therefore supersedes all prior agreements, between you and Administrator. Failure by Administrator to enforce any provision of this Agreement shall not be deemed or construed, and shall not constitute, a waiver of any other provision or right, whether or not similar, nor shall any waiver constitute a continuing waiver.
15. Modifications. Administrator may, in its sole and absolute discretion and without prior notice, (a) revise these Terms and Conditions of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Administrator shall post any revision to these Terms and Conditions of Use to the Site, and the revision shall be effective immediately upon such posting. You agree to review these Terms and Conditions of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall be conclusively deemed to be your acceptance of all such modifications made pursuant to these provisions, and thereafter you agree to abide by any such revision and/or modification.
17. Effect of Headings. The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience of reference only and shall not affect the construction or interpretation of this Agreement or of any of its provisions.
18. Notice. Communications made through the Site’s e-mail and messaging system shall in no way be deemed to constitute legal notice to Administrator or any of its officers, directors, employees, agents or representatives, including any notice required by contract, or by any federal, state or local laws, rules or regulations.
19. No License. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Administrator or by any third party.
20. Copyright. All contents of this Site and Service are: Copyright © LightHouse returns, San Marcos California 92069. All rights reserved.