Terms of Use — Lightbeam Financial

LIGHTBEAM, INC. PROVIDES THIS WEBSITE (“SITE”) AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME). YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 2 BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:

1. Terms of Service

By using Lightbeam, Inc. (“Lightbeam”) and any services, products, materials, content, fill-in templates of contracts or any other offerings provided by Lightbeam, you acknowledge, first, that you have read and agreed to be bound to these Terms of Service, and, second, that you agree to be bound by all applicable laws and regulations. Please do not use this website if you do not agree with the Terms of Service. The materials contained in this web site are protected by applicable copyright and trademark law.

The following meanings shall apply in these Terms of Service: “Site” refers to any website made available by Lightbeam. “Services” refers to the Site and all services, self-help documents, forms, and templates provided by Lightbeam. “Lightbeam”, “we”, “us" and “our” refer to Lightbeam, Inc. (the owner and operator of www.lightbeamfinancial.com and www.lightbeam.finance) and our affiliates (including subsidiaries, officers, directors, employees, consultants, agents and representatives). “You" and “your” refer to each customer, visitor or user of any Services. If you access or use the Services on behalf of a company, organization, or other entity, then ( a ) “you” and “your” also refers to that entity, ( b ) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and ( c ) you agree to these Terms of Service on the entity’s behalf.

As provided below, by agreeing to these Terms of Service I agree that any dispute arising from the use of Lightbeam materials and services will be decided in binding Arbitration, in accordance with the terms and conditions provided below in Section X. Under no circumstances shall any disputes be decided by any court, jury trials, or class action, other than the Arbitration tribunal hereby indicated in the Terms of Service, unless one of the exceptions apply.

2. Disclaimer

LIGHTBEAM IS NOT A LAW FIRM, DOES NOT RENDER ANY TYPE OF LEGAL ADVICE OR COUNSEL, AND DOES NOT OBVIATE THE NEED FOR YOU TO SEEK COUNSEL FROM A LICENSED ATTORNEY. LIGHTBEAM SERVICES ARE MEANT PURELY AS SELF-HELP FORMS AND FILL-IN BLANK TEMPLATES. THE MATERIALS AND SERVICES ARE NOT SUBSTITUTES FOR THE ADVICE OF AN ATTORNEY.

NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH THE USE OF LIGHTBEAM. ANY AND ALL COMMUNICATIONS BETWEEN YOU AND LIGHTBEAM ARE PROTECTED BY OUR PRIVACY POLICY BUT NOT BY ATTORNEY-CLIENT PRIVILEGE NOR AS WORK PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIGHTBEAM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICES. UNDER NO CIRCUMSTANCES WILL LIGHTBEAM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIGHTBEAM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. LIGHTBEAM EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION THAT MAY BE DEEMED CONFIDENTIAL BY YOU OR ANY THIRD PARTY. IN NO EVENT SHALL LIGHTBEAM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LIGHTBEAM HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LIGHTBEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN SOME JURISDICTIONS LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Lightbeam is not a law firm and does not provide any legal advice. As part of our Services, we offer self-help, "fill in the blank" forms, and general legal information. If you purchase, download, or print a form on the Site, the Terms of Service control. You understand that your purchase, download, printing, and/or use of a form document is neither legal advice nor the practice of law. Our Services are not substitutes for the advice of an attorney. If you need legal advice, or if you come to the conclusion that your matter is too complex to be addressed by our tools, you should consult a licensed attorney. At no time is an attorney-client relationship or any other special relationship created between you and Lightbeam or any employee, agent, advisor, contractor or other person associated with Lightbeam, and any information you provide us is not protected by attorney-client privilege or as work product. You are and will be representing yourself in any matter you undertake using the Services.

We provide online tools, materials, and general legal information to assist you with the preparation, execution and storage of your own legal documents and related information. We strive to keep the documents and other materials available through the Services, including any descriptions, information and other help resources (collectively, the "Document Materials") current and up-to-date; however, they are not legal advice and are not guaranteed to be correct, complete or up-to-date. The law changes rapidly and is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind we provide can fit every circumstance. We do not review the Document Materials or any information you input for accuracy or legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. You understand that our providing of the Services to you is neither legal advice nor the practice of law, and that the Document Materials are not customized to your particular needs. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

If, prior to your use of any legal document, you believe that Lightbeam gave you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you must not use these documents, and any use of these documents is done at your own risk.

YOU UNDERSTAND THAT ANY LIGHTBEAM ERROR REVIEW IS AN AUTOMATED PROCESS THAT IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. IT IS ON A BEST EFFORT BASIS AND IS NOT COMPREHENSIVE. YOU WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING THEM AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).

3. User Content

A. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Site or Services (collectively, submit) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (User Content). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

B. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

C. You represent, warrant, and covenant that you will not submit any User Content that:

Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity;
Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
Is an advertisement for goods or services or a solicitation of funds;
Includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
Contains a formula, instruction, or advice that could cause harm or injury;
Is a chain letter of any kind; or
The licensed use by us hereunder would result in us having any obligation or liability to any party.Any conduct by a user that in our sole discretion restricts or inhibits any other user from using the Site will not be permitted.

D. By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully licensable, and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish and otherwise exploit the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Site and these Terms of Use. The granted rights include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt, and remove such content and combine same with other materials. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you.

E. By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content.

F. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the Websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

G. We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User Content. We may discontinue operation of the Site, or your use of the Site, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User Content on the Website and we have no obligation to return your User Content or otherwise make it available to you.

H. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to Lightbeam, Inc., d/b/a www.lightbeamfinancial.com, located at 3108 Silver Sage Dr. STE A100, Carson City, NV 89701 - legal@lightbeamfinancial.com.

In connection with your User Content, you affirm, represent and warrant the following:

Your User Content and Lightbeam's use thereof as contemplated by these terms of service and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
Lightbeam may exercise the rights to your User Content granted under this terms of service without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Services. We may retain and use your User Content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your User Content quickly upon request. Please note, however, that there might be latency in deleting User Content from our servers and backed-up versions might exist after deletion. In addition, we do not delete User Content from our servers that you have in common with other users.

4. User Interaction

You are solely responsible for your interactions with other users of the Services. We reserve the right, but have no obligation, to monitor disputes and interactions between you and other users. Lightbeam shall have no liability for your interactions with other users, or for any user's action or inaction.

5. Intellectual Property

The Site and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the Site Content) and all intellectual property rights to the same are owned by Lightbeam, Inc, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Site are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Site or any Site Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

6. Limited License

Lightbeam grants you a limited license. Subject to your compliance with the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as designed and as set forth in these Terms of Service. Lightbeam reserves all rights not expressly granted herein in the Services and the Lightbeam Content (as defined below). Lightbeam may terminate this license at any time for any reason or no reason.

Subject to the other provisions of these Terms of Service, Lightbeam grants you permission to download, view, copy and print Document Materials on any single, stand-alone computer or device solely for your personal, informational, non-commercial use. You agree that you will not download, view, copy, print, replicate or modify the Document Materials in whole or part for redistribution or commercial purposes. This Limited License terminates automatically without notice if you breach any of the terms or conditions of these Terms of Service. On any such termination, you agree to immediately destroy any downloaded or printed Document Materials and to cease using the service. Any unauthorized use of any Document Materials contained on the Site or available through the Services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

7. Limited License

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system to access the Services in a manner that sends more request messages to the Lightbeam servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Lightbeam grants the operators of public search engines revocable permission to use spiders to copy materials from publicly accessible web pages at lightbeamfinancial.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

8. AMENDMENT; ADDITIONAL TERMS

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Site or Service, and also reserve the right to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or Additional Terms that may govern your use of the Site generally, unique parts of the Site, or both (Additional Terms). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

9. Payment

You agree to pay us in accordance with our terms of sale. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment, billing policies and NO REFUND policies applicable to such fees and charges. Lightbeam may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. You authorize Lightbeam to charge your credit card for all fees and charges incurred in connection with your use of the Services, including Lightbeam's fees, government fees, taxes and other third party fees.

If you register with us, you may cancel your account at any time; however, there are no refunds for cancellation. All purchases are final and subject to our refund policy. In the event that Lightbeam suspends or terminates your account or these Terms of Service, you understand and agree that you shall receive no refund or exchange for any Lightbeam Content, any unused time or service on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

10. Subscriptions, Renewal, and Billing

We may offer Services as a one-time purchase and/or Services on a subscription basis. If you elect to use Services that are offered on a subscription basis, your initial purchase will provide you access to the Services for an “Initial Service Period,” typically equal to one year. Your paid subscription will automatically renew at the end of the Initial Service Period and will automatically renew on an annual basis each year thereafter. Your payment method will be charged upon each renewal of your paid subscription.

We may send a courtesy reminder to your account's email address before any automatic renewal. Unless required by applicable law, we are not required to provide such notice. You agree that your failure to read, your failure to receive, or our failure to send any such notice creates no liability for us or any right to rescind an automatic renewal payment.

If you wish to cancel the automatic renewal of your paid subscription, you must cancel your plan through your account or by providing notice to billing@lightbeamfinancial.com. Any such cancellation must be made at least one day before the next automatic renewal. There are no refunds for any unused portion or time remaining in a subscription.

We may change the renewal price for your paid subscription at any time upon notice to you. Any changes made will only take effect upon the next automatic renewal following the provision of notice to you regarding the change in renewal price. If you do not wish to renew at the changed renewal price, you must cancel your plan through your account or by providing notice to billing@lightbeamfinancial.com. Any such cancellation must be made at least one day before the next automatic renewal.

You agree that we may store your payment method and related payment information. You authorize us to automatically charge your payment method for any automatic renewal payments. You may update your payment method through your account or by contacting us at billing@lightbeamfinancial.com. If any attempt to charge your payment method is not successful or if the automatic renewal payment fails for any reason, we may suspend or terminate your access to the Services without notice to you.

11. Risk and Consent

You provide us your data at your own risk and consent to have it processed in the United States. We care about the privacy of our Users. You can view our privacy policy at www.lightbeamfinancial.com/privacy-policy. You consent to have your personal data collected, used, transferred to and processed in the United States. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You agree that you provide your personal information and other data provided to Lightbeam at your own risk.

12. Security

You must ensure security and integrity of your account. When you open an account to use or access certain Services or provide us with information in connection with a purchase or transaction, you must provide accurate, complete and current information. You will also be asked to provide a user name and password. You are entirely responsible for the maintaining the confidentiality of your password. You are solely responsible for the activity that occurs on your account. You must keep your account password secure and you may not use a third party's account at any time. Lightbeam shall not be liable for any losses you incur as a result of someone else's use of your account. You may be held liable for any losses incurred by Lightbeam due to someone else's use of your account.

13. DMCA Notice

We respect content owner rights and it is Lightbeam's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify Lightbeam's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Services;
Information reasonably sufficient to permit Lightbeam to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following: DMCA Agent, Lightbeam, Inc., 3108 Silver Sage Dr STE A100 Carson City, NV 89701.

Please note that this procedure is exclusively for notifying Lightbeam and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Lightbeam's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Lightbeam has adopted a policy of terminating, in appropriate circumstances and at Lightbeam's sole discretion, members who are deemed to be repeat infringers. Lightbeam may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

14. SITE ACCESS AND USE

A. Access to the Site including, without limitation, the Site Content is provided for your information and personal, non-commercial use only. When using the Site, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Site Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print Site Content or both. In such a case, you may download or print (as applicable) one copy of Site Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Site Content.

B. Except as expressly permitted in these Terms of Use, you may not:

Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Site or Site Content;
Circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the, use of the Site or Site Content;
Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Site or Site Content for any purpose without the express written permission of Lightbeam, Inc. Notwithstanding the foregoing, Lightbeam, Inc. grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Site Content from the Site for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Site Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
Attempt to or interfere with the proper working of the Site or impair, overburden, or disable the same;
Decompile, reverse engineer, or disassemble any portion of any the Site;
Use network-monitoring software to determine architecture of or extract usage data from the Site;
Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership or Subscription without permission, etc.);
Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.
You agree to cooperate fully with Lightbeam, Inc. to investigate any suspected or actual activity that is in breach of these Terms of Use.

15. CONDITIONS FOR LINKING TO SITE

Upon your acceptance of these Terms of Use as evidence by your clicking where indicated below your acceptance of and agreement to these terms, we hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Site home page from any site you own or control that is not commercially competitive with the Site and does not criticize or otherwise injure the Site, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.

16. USER REGISTRATION

A. In order to access or use some features of the Site, you will have to become a paid or subscribed registered user. If you are under the age of eighteen (18), then you are not permitted to register as a user or otherwise submit personal information to this Site.

b. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership” or “Subscription”), which may permit you access to certain areas of the Site not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at support@lightbeamfinancial.com of any breach of security or unauthorized use of your Membership.

17. INDEMNIFICATION

You agree to indemnify and hold harmless Lightbeam and its agents, licensors, employees, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Site; (ii) User Content provided by you or through use of your Membership or Subscription; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

18. NO WARRANTY

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Lightbeam OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Lightbeam AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.

Lightbeam DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Lightbeam SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND Lightbeam WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

19. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Lightbeam, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICES. UNDER NO CIRCUMSTANCES WILL Lightbeam BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Lightbeam ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. Lightbeam EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION THAT MAY BE DEEMED CONFIDENTIAL BY YOU OR ANY THIRD PARTY. IN NO EVENT SHALL Lightbeam, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO Lightbeam HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Lightbeam HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.

20. TERMINATION

A. We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Site for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Lightbeam, shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Site.

B. If you become a registered user, you may terminate your Membership or Subscription at any time by sending an e-mail to suppor@lightbeamfinancial.com.

C. Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or Subscription or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of law,

21. TERMINATION

These Terms of Use shall be construed in accordance with the laws of the State of Nevada without regard to its conflict of laws rules.

22. DISPUTE RESOLUTION

You and Lightbeam agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Lightbeam are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Lightbeam otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Service.

23. ARBITRATION RULES AND GOVERNING LAW

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

24. ARBITRATION PROCESS

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Nevada and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

25. ARBITRATION LOCATION AND PROCEDURE

Unless you and Lightbeam otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Lightbeam submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

26. ARBITRATOR’S DECISION

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Lightbeam will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.

27. FEES

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Lightbeam will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

28. Tax Advice Disclosure

Lightbeam does not provide tax advice of any type or for any purpose. Any information regarding taxes in any communication from Lightbeam is intended only for general education and is not to be construed or relied on as tax advice. Although Lightbeam does not provide any tax advice, we do provide this disclosure to comply with requirements imposed by the Internal Revenue Service under Circular 230:

We inform you that any U.S. federal tax advice contained in any communication from Lightbeam is not intended or written to be used, and cannot be used, for purposes of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing, or recommending to another person any matters addressed therein.

29. Notification procedures

Lightbeam may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our web site, as determined by Lightbeam in our sole discretion. Lightbeam reserves the right to determine the form and means of providing notifications to our users. Lightbeam is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Our offices are located in Carson City, Nevada at 3108 Silver Sage Dr STE A100.

30. AMENDMENT; ADDITIONAL TERMS

A. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Site or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or Additional Terms that may govern your use of the Site generally, unique parts of the Site, or both (Additional Terms). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

B. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Site or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Site from time to time for any changes or Additional Terms. Your access and use of any the Site following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, you may terminate your Membership as provided in Section 20 herein or, if you do not have an Membership, your only recourse is to immediately discontinue use of the Site.

31. MISCELLANEOUS

A. Any delay or failure on the part of us to exercise or enforce any rights under these Terms of Use to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

B. These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

C. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect.