1.1 Account Requirements

You must be at least 18 years old to create an Account. By creating an Account, you represent and warrant that:

• You are of legal age to form a binding contract;
• All registration information you submit is truthful, accurate, and complete;
• You will maintain the accuracy of such information;
• You have the legal capacity and authority to enter into these Terms;
• Your use of the Platform will not violate any applicable law or regulation;
• You are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country.

1.2 Account Security

You are responsible for maintaining the confidentiality of your Account credentials, including your username and password. You agree to:

• Use a strong password and keep it secure;
• Not share your Account credentials with any third party;
• Immediately notify us of any unauthorized use of your Account or any other breach of security;
• Accept responsibility for all activities that occur under your Account.

We reserve the right to suspend or terminate your Account if we suspect any unauthorized access or breach of security.

1.3 Account Types

The Platform may offer different types of Accounts with varying features and access levels. We reserve the right to modify, suspend, or discontinue any Account type or feature at any time without notice.

1.4 Account Termination by You

You may terminate your Account at any time by contacting us at [email protected]. Upon termination, your right to use the Platform will immediately cease, and we may delete your Account and all associated data in accordance with our Privacy Policy.

2.1 Ownership of User Content

You retain all ownership rights in your User Content. However, by posting, uploading, or submitting User Content to the Platform, you grant Lightpoint a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media format and through any media channel, in connection with the operation and promotion of the Platform.

2.2 User Content Representations

You represent and warrant that:

• You own or have the necessary licenses, rights, consents, and permissions to use and authorize Lightpoint to use your User Content;
• Your User Content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• Your User Content does not contain any libelous, defamatory, or obscene material, or any material that violates any applicable law or regulation;
• Your User Content does not contain any viruses, malware, or other harmful code.

2.3 Content Moderation

We reserve the right, but not the obligation, to monitor, review, edit, or remove any User Content at any time and for any reason, including if such User Content violates these Terms or is otherwise objectionable. We do not guarantee the accuracy, quality, or integrity of any User Content posted on the Platform.

2.4 Feedback

If you provide us with any feedback, comments, or suggestions regarding the Platform ("Feedback"), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Platform without any obligation to compensate you.

3.1 Trademarks

The Lightpoint name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Lightpoint or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

3.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal or internal business purposes. This license does not include any right to:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Platform Content;
• Use any data mining, robots, or similar data gathering or extraction methods;
• Remove any copyright or other proprietary notices from any Platform Content;
• Access or use the Platform for any commercial purpose without our express written consent.

3.3 Reservation of Rights

All rights not expressly granted to you in these Terms are reserved by Lightpoint and its licensors. No right, title, or interest in or to the Platform or any Platform Content is transferred to you, and all rights not expressly granted are reserved by Lightpoint.

4.1 Additional Prohibitions

Additionally, you agree not to:

• Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform;
• Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
• Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Platform;
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
• Otherwise attempt to interfere with the proper working of the Platform.

5.1 Subscription Fees

If you purchase a subscription, you will be charged the subscription fee plus any applicable taxes at the beginning of your subscription period and at the start of each renewal period. Subscription fees are billed in advance on a monthly or annual basis, as selected by you.

5.2 Payment Methods

You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Platform. You agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

We accept various payment methods, including credit cards, debit cards, and other payment methods as may be made available on the Platform. By providing payment information, you represent and warrant that you are authorized to use the payment method provided.

5.3 Automatic Renewal

Unless you cancel your subscription before the end of the current subscription period, your subscription will automatically renew at the end of each period. You authorize us to charge your payment method for the renewal period. You may cancel your subscription at any time through your Account settings or by contacting us at [email protected].

5.4 Refunds

All fees are non-refundable except as required by law or as otherwise stated in these Terms. If you cancel your subscription, you will continue to have access to paid features until the end of your current billing period, but you will not receive a refund for any unused portion of your subscription.

5.5 Price Changes

We reserve the right to change our pricing at any time. We will provide you with at least 30 days' notice of any price changes. If you do not agree to the new pricing, you may cancel your subscription before the change takes effect.

5.6 Taxes

You are responsible for all applicable taxes, duties, and charges imposed by any governmental entity in connection with your use of the Platform. We may collect and remit taxes as required by applicable law.

6.1 No Warranties

WITHOUT LIMITING THE FOREGOING, NEITHER LIGHTPOINT NOR ANYONE ASSOCIATED WITH LIGHTPOINT REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

6.2 Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, LIGHTPOINT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

6.3 Third-Party Content

The Platform may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

7.1 Maximum Liability

NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO LIGHTPOINT IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

7.2 Exclusions

The foregoing does not affect any liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

9.1 Termination by Us

We reserve the right to terminate or suspend your Account, remove or edit content, or cancel orders at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

9.2 Effect of Termination

Upon termination, your right to use the Platform will immediately cease. If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

9.3 Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10.1 Informal Resolution

You and Lightpoint agree that we will first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (a "Dispute") through informal negotiation. You agree to contact us at [email protected] to attempt to resolve any Dispute informally.

10.2 Binding Arbitration

If we cannot resolve a Dispute through informal negotiation, you and Lightpoint agree that any Dispute will be settled by binding arbitration. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, if applicable, its Supplementary Procedures for Consumer-Related Disputes. The arbitration will be conducted in English in the state where you reside or another mutually agreed location.

10.3 Class Action Waiver

YOU AND LIGHTPOINT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Lightpoint agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

10.4 Exceptions

Notwithstanding the foregoing, you and Lightpoint agree that nothing herein will be deemed to waive, preclude, or otherwise limit either party's right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, or (iii) seek injunctive relief in a court of law.

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and Lightpoint regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

12.2 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision.

12.3 Waiver

No waiver by Lightpoint of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lightpoint to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Lightpoint may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

12.5 Force Majeure

We will not be liable for any failure or delay in performance under these Terms which is due to earthquake, fire, flood, act of God, act of war, terrorism, epidemic, pandemic, labor dispute, civil commotion, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control.

12.6 Export Control

You may not use, export, re-export, import, or transfer the Platform except as authorized by United States law, the laws of the jurisdiction in which you obtained the Platform, and any other applicable laws. In particular, but without limitation, the Platform may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List.

12.7 Electronic Communications

When you use the Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

12.8 California Users

If you are a California resident, you may have additional rights under California law. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.