These Terms of Service constitute a legally binding agreement between you and Bold Buffer, LLC dba Safe Lighthouse (“Safe Lighthouse”) governing your access and use of thewww.safelighthouse.com website (“Site”) and related mobile applications (collectively the “Platform”) and the software and services made available through the Platform (collectively the “Services”).
By checking the “I Agree to the Terms of Service” box or (i) accessing or using any part of the Services, or (ii) initiating any transaction on the Platform, you agree to be bound by these Terms of Service.
Internet technology, and the applicable laws, rules and regulations change frequently. Safe Lighthouse reserves the right to make changes to these Terms of Service at any time.
General Rules About Accessing the Services and/or Platform
- Eligibility: To be eligible to make any purchases through the Platform, you must be at least 18 years of age, accept these Terms of Service and provide information necessary to process the applicable transaction.
- Account Security: To the extent you are required to establish a password, you are responsible for safeguarding your password and agree not to disclose your password to any third party. You are solely responsible and liable for any activities or actions taken under your password, whether or not you have authorized such activities or actions. Safe Lighthouse shall not be liable for any loss or damage arising from your failure to keep your password or account secure.
- Communications: By submitting your email to subscribe to our newsletters, you agree to receive Safe Lighthouse’s newsletters and to receive other marketing, promotional or other information we may send. However, you may opt-out of such communications at any time by following the instructions in the unsubscribe link accompanying such communications.
Affiliate Marketing – Third Party Links and Content
Safe Lighthouse may make third party content, services or links available on or through the Services (“Third Party Materials”) as a convenience to our users.
Safe Lighthouse is a participant in affiliate advertising programs designed to provide a means for us to earn fees by linking to third party sites or featuring sponsored content.
Safe Lighthouse does not review the accuracy of any Third-Party Materials. Your access to such Third Party Materials is at your own risk.
NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Safe Lighthouse is not a licensed medical or mental health care provider, accountant, attorney or investment advisor. The Products, Platform, Content and other Services are not intended as a substitute for licensed professional advice. The Program Services, Platform, Products, Content and other Services made available:
- Should NOT be construed as offering medical or mental health care advice. You are advised to consult with a licensed professional for diagnosis and treatment for specific health concerns or problems.
- Should NOT be construed as offering tax, legal, insurance or other investment advice. You are advised to consult with a licensed professional for any tax, legal, insurance or other investment advice or guidance.
You are solely responsible for performing your own due diligence consultation before making any medical, healthcare, tax, legal, insurance or other investment decisions.
Purchase Terms: When you click on a link to purchase third party goods or services, you are redirected to a third party vendor’s platform. Vendor is the seller of such goods and services and Safe Lighthouse IS NOT A PARTY TO ANY CONTRACT RESULTING FROM THE OFFER FOR SALE OR THE PURCHASE OF SUCH GOODS OR SERVICES. Refunds and returns of third party goods and services shall be made in accordance with such vendor’s refund and cancellation policy.
Product Descriptions & Availability: Descriptions of the products advertised are provided by the vendor. Safe Lighthouse is not responsible for claims associated with product descriptions. Quantities of goods and services may be limited and are subject to the vendor’s availability. Products offered for sale are quoted in U.S. dollars. Prices are subject to change without notice.
Product Disclaimer: Safe Lighthouse does not manufacture any of the goods or services offered by third party vendors. Safe Lighthouse shall not be liable for loss or other damages that may result from your purchase of any goods and services from third party vendors.
ASSUMPTION OF THE RISK: YOU ARE SOLELY RESPONSIBLE FOR (A) ENSURING THE PURCHASED GOOD AND SERVICES ARE APPROPRIATE AND SAFE GIVEN THEIR OWN PHYSICAL OR HEALTH-RELATED ISSUES OR RESTRICTIONS, (B) ASSESSING THE SAFETY AND RISKS RELATING TO THE LOCATION OF ANY PERSONAL SERVICES PROVIDED BY VENDOR TO CUSTOMERS, AND (C) VERIFYING THE EXPERIENCE, CREDENTIALS, PERMITS, CERTIFICATIONS OR OTHER REGULATORY COMPLAINCE REQUIRED OF VENDOR PRIOR TO PURCHASING AND RECEIVING THE GOODS AND SERVICES.
User Generated Content
Safe Lighthouse may allow you to submit, upload or otherwise make available text, data, photos, images, graphics audio, video, audiovisual combinations and related content, including, but not limited to, your name, image, likeness, persona, and associated social media profile information (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions.
User Generated Content Guidelines. You may not submit or upload User Generated Content that is infringing, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. You are solely responsible for the User Generated Content uploaded and posted to the Platform.
User Generated Content Requirements. For all User Generated Content that is uploaded, submitted and posted on the Platform by you, you represent and warrant as follows:
- Proprietary Rights: You represent and warrant that you have all right, title, interest and authority necessary to grant the licenses herein and to upload, submit and post the User Generated Content, including the right to publish and distribute by electronic and digital means.
- Non-Infringing: You represent and warrant that the User Generated Content does not (i) violate, infringe or misappropriate on the rights associated with any third parties, including, but not limited to, privacy rights, copyright, trademark, trade secrets, patents or other intellectual property rights, or (ii) violate any statute, law, ordinance or regulation.
User Generated Content License: You retains all rights to any User Generated Content submitted to Safe Lighthouse. You grants to Safe Lighthouse a perpetual, worldwide, non-exclusive, royalty-free right and license to use, copy, display, perform, create derivative works from, distribute, transmit and sublicense all User Generated Content in any form, in all media now known or hereinafter created, anywhere in the world, including, but not limited to publish, republish, repost, distribute, publicly display and/or excerpt User Generated Content on Safe Lighthouse’s (1) websites and mobile applications, (2) social media and related marketing services and materials, and (3) newsletters, emails or related blogs, for any purpose whatsoever, commercial or otherwise. You hereby irrevocably waive any claims based on moral rights, if any.
User Generated Content Disclaimer: We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform and Services, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
In your use of the Platform and Services, you may not:
- Post false, inaccurate, misleading, defamatory or harassing content;
- Violate any law, statute, ordinance or regulation or post any User Generated Content that would violate any law, statute, ordinance or regulation;
- Post unsolicited promotions, political campaigning, advertising or solicitations;
- Attempt to use another account, impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;
- Post private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security and/or credit card numbers;
- Post any pictures containing any nudity;
- Post obscene or sexually explicit content;
- Infringe upon any patent, copyright, trademark, trade secret, right of publicity or other third-party rights;
- Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Platform or its users;
- Modify, adapt or hack the Platform or modify another website or mobile application so as to falsely imply that it is associated with Safe Lighthouse;
- Distribute or post spam, unsolicited or bulk electronic communications to Platform users;
- Use any robot, spider, crawler, scraper or other automated means to access the Platform for any purpose whatsoever;
- Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Platform’s infrastructure;
- Interfere or attempt to interfere with the proper working of the Platform, its Services or tools; or
- Bypass the Platform’s robot exclusion headers or other measures Safe Lighthouse may use to prevent or restrict access to Safe Lighthouse.
License to Use the Services & Platform Content
Safe Lighthouse grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Services and the content made generally available as well as purchased through the Platform. You may not: (a) modify, disclose, alter, translate or create derivative works of the Platform, Services or any purchased content (“hereinafter “Platform Content”) contained therein; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Platform, Services or Platform Content; (c) disassemble, decompile or reverse engineer any of the software components of the Platform or Services; (d) copy, frame or mirror any part of the Platform or Services; (e) interfere with or disrupt the integrity or performance of the Platform or Services; or (f) attempt to gain unauthorized access to the Platform Services or its related services, components, systems or networks.
To the extent the Services offers you the opportunity to download certain information, materials or other content from the Platform (“Downloadable Content”), Safe Lighthouse grants you a non-exclusive, non-sublicensable, non-transferable personal license to download, reproduce and use the Downloadable Content for your own non-commercial and personal use only.
You can cease using the Services at any time.
Safe Lighthouse reserves the right in its discretion to review, improve, change or discontinue, temporarily or permanently, the Platform and/or Services and/or any features, information, materials or content on the Platform and/or Services with or without providing notice to you, for any or no reason, including, but not limited to, if Safe Lighthouse:
- Suspects a breach of these Terms of Service;
- Is unable to verify or authenticate account information;
- Believes that you are acting inconsistently with the letter or spirit of Safe Lighthouse’s policies, have engaged in improper or fraudulent activity in connection with the Platform or that your actions may cause legal liability or financial loss to Safe Lighthouse; or
- Believes you are infringing the rights of third parties.
Survival: The following Sections survive termination of these Terms of Service: Idea Submissions License, Content License, Individual Arbitration, Indemnification, and Governing Law.
Idea Submission License
Safe Lighthouse welcomes all suggestions to improve our Services, but considers any feedback from its users to be helpful advice, freely given. To ensure against any misunderstandings, we want to emphasize that we do not compensate for any ideas, proposals or suggestions provided by its users to Safe Lighthouse in accordance with the following:
- Non-Proprietary: Safe Lighthouse considers any suggestions, ideas, proposals or other material submitted to it by users, whether solicited or unsolicited, (collectively, the “Material”) to be non-confidential and non-proprietary. Safe Lighthouse shall not be liable for the disclosure, use or exploitation of such Material.
- License: You hereby grant and agree to grant Safe Lighthouse, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
Notice of Claimed Infringement – Digital Millennium Copyright Act
If you have a good faith belief that your copyright has been infringed, you can download and submit a Notice of Claimed Infringement to Safe Lighthouse’s Designated Agent, with the following information:
By mail: Safe Lighthouse DMCA Registered Agent:
Safe Lighthouse is available by email at firstname.lastname@example.org to address any issues you may have regarding your use of the Services. Most concerns can be quickly resolved in this manner.
EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with Safe Lighthouse arising out of or relating to the Platform, Services and/or these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to these Terms of Service shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16).
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: Safe Lighthouse, 22647 Ventura Blvd., Suite 238 Woodland Hills, Ca 91364.
Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: Los Angeles County, California.
Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.
Safe Lighthouse’s Intellectual Property
Copyright: The Platform, Services and its logos, design, text, graphics, images and other files, and the selection, arrangement and organization thereof, are owned by Safe Lighthouse. You may not use such materials without permission. © 2019 Safe Lighthouse. ALL RIGHTS RESERVED.
Trademarks: Safe Lighthouse and its logos are trademarks owned by Safe Lighthouse. All page headers, custom graphics, button icons, scripts and service names are trademarks or trade dress of Safe Lighthouse.
Ownership and Use: Unless otherwise stated herein, nothing in these Terms of Service or your use of the Platform gives you a right or license to use any of Safe Lighthouse’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.
Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, SAFE LIGHTHOUSE, THE PLATFORM, SERVICES AND ALL CONTENT, INFORMATION OR MATERIALS OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAFE LIGHTHOUSE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, SAFE LIGHTHOUSE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE PLATFORM, SERVICES, ALL CONTENT, INFORMATION OR MATERIALS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM.
SAFE LIGHTHOUSE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORM AND/OR ANY SERVICES. SAFE LIGHTHOUSE DOES NOT CONTROL ANY USER GENERATED CONTENT OR OTHER THIRD-PARTY LINKS, CONTENT, SERVICES, PRODUCTS, GOODS, RESOURCES AND INFORMATION ON THE PLATFORM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SAFE LIGHTHOUSE MAKES NO WARRANTIES REGARDING USER GENERATED CONTENT OR OTHER THIRD PARTY LINKS, CONTENT, SERVICES, GOODS, PRODUCTS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY LINKS, CONTENT, SERVICES, GOODS, PRODUCTS, RESOURCES OR INFORMATION.
AGGREGATE LIABILITY: IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF SAFE LIGHTHOUSE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, MANAGERS, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, OR VENDORS, ARISING FROM, RELATING TO, OR CONNECTED WITH THIS PLATFORM, INFORMATION, CONTENT, MATERIALS, OR SERVICES, EXCEED THE GREATER OF $50.00 OR THE AMOUNT PAID FOR THE PURCHASE GIVING TO THE DISPUTE.
LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SAFE LIGHTHOUSE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE PLATFORM, INFORMATION, ALL CONTENT, SERVICES, OR MATERIALS, EVEN IF SAFE LIGHTHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Safe Lighthouse, Inc. and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Service by you, (ii) violation of any intellectual property, privacy or other third party rights, (iii) a breach of any of your representations or warranties relating to any User Generated Content, or (iv) arising from, related to, or connected with your use of the Platform or Services.
If any provision contained in these Terms of Service is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the enforceability of the remaining provisions and portions of these Terms of Service, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.
Our employees, volunteers or agents are not authorized to vary these Terms of Service. No modification of these Terms of Service shall be effective unless it is in writing and either signed by an authorized representative of Safe Lighthouse or posted on this Platform by Safe Lighthouse.
The parties to this Term of Service are independent contractors. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
You shall not assign any of the rights or obligations under this Term of Service without the prior written consent of Safe Lighthouse. Safe Lighthouse may at any time assign, transfer or subcontract any or all of its rights or obligations under these Terms without your consent.
Successors and Assigns
These Terms of Service are binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the California, without regard to or application of California’s conflict of law principles. The parties consent to the exclusive jurisdiction of the California, and venue in the California with regard to any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach thereof and waive all rights to contest this exclusive jurisdiction and venue of such Courts.
The failure or delay of either party to exercise any right, power or privilege under these Terms of Service will not operate as a waiver thereof.
Headings are for reference purposes only and do not limit the scope or extent of such section.
Safe Lighthouse will not be liable or responsible for any delays in service, for failing to provide the Services or to operate the Platform as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.
All notices required or permitted to be given under these Terms of Service will be in writing and delivered to: Safe Lighthouse, 22647 Ventura Blvd., Suite 238 Woodland Hills, Ca 91364 or email@example.com. All notices by Safe Lighthouse will be sent to you by email or will be conspicuously posted on the Platform.
Complaints – California Residents
If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.
These Terms of Service comprise the entire agreement between you and Safe Lighthouse and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.