Terms and Conditions of Use of www.LampLighterOne.com Web Site
Welcome to the Web Site of LampLighter One Financial Services, L.L.C. ("LampLighter One")!
LampLighter One requires that all visitors to this web site (the "Web Site") agree to the terms and conditions of use set forth below (the "Terms and Conditions"). By accessing the Web Site, you indicate your acknowledgment and acceptance of these Terms and Conditions (the "Agreement").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE WEB SITE.
LampLighter One reserves the right to modify or discontinue, temporarily or permanently, the Web Site for any reason, at its sole discretion, with or without notice. LampLighterOne may also revise these Terms and Conditions at any time without notice. You agree to periodically review these Terms and Conditions. Your continued access or use of the Web Site after the modifications have been made shall be deemed your conclusive acceptance of the modified Terms and Conditions.
Section 1. Use of Materials.
LampLighter One authorizes you to view and use the contents of this Web Site, including text, graphics, images, software, and other materials (collectively, the "Materials") solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as "Legal Notices" on this Web Site and are incorporated into this Agreement by this reference.
You agree to abide by all local, state, and national laws and regulations of all applicable jurisdictions in your use of the Web Site and/or the Materials. LampLighter One makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access or use of the Materials may not be legal by certain persons or in certain countries. The Web Site and the Materials are available only to individuals who are permitted to use them under applicable law. Do not use or download this Web Site or the Materials if your jurisdiction prohibits such use or activity. You agree to be solely responsible for your actions. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
Unauthorized use of the Materials may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Materials or any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials on any other Web site or in a networked computer environment, for any purpose, is prohibited. If you violate any of these Terms and Conditions, your permission to use the Web Site and/or the Materials automatically terminates, and you must immediately destroy any copies you have made of the Materials.
Section 2. LIMITATION OF LAMPLIGHTER ONE'S LIABILITY. NO WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEB SITE AND THE MATERIALS OR ANY INFORMATION PROVIDED IS AT YOUR SOLE RISK AND THAT THE MATERIALS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
LAMPLIGHTER ONE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR THE MATERIALS, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE, THE MATERIALS, SERVICES, AND LINKS, OR THAT DEFECTS IN THE WEBSITE OR THE MATERIALS WILL BE CORRECTED. LAMPLIGHTER ONE AND ITS SUPPLIERS DO NOT WARRANT THAT THE WEB SITE, THE MATERIALS, SERVICES, OR ANY INFORMATION PROVIDED WILL MEET YOUR REQUIREMENTS, OR THAT THE USE OF THE WEB SITE WILL BE UNINTERRUPTED, SECURE OR WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. IF YOUR USE OF THE WEB SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, LAMPLIGHTERONE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. LAMPLIGHTERONE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS.
Section 3. DISCLAIMER OF DAMAGES
IN NO EVENT SHALL LAMPLIGHTER ONE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LAMPLIGHTERONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF THESE LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF LAMPLIGHTER ONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500. IN NO EVENT SHALL LAMPLIGHTER ONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THE FOREGOING AMOUNT.
Section 4. Links to Other Sites
The Web Site contains links to third party Web sites. By linking to these Web sites, LampLighter One does not represent or imply that there is any business relationship between the two entities. These links are provided solely as a convenience to you and not as an endorsement by LampLighter One of the contents of such third-party Web sites. LampLighter One is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do it at your own risk.
Section 5. Links to the LampLighter One Web Site
Unless otherwise set forth in a written agreement between you and LampLighterOne, you must adhere to LampLighter One's linking policy as follows: (i) any link to LampLighter One's Web site must be a text only link clearly marked "LampLighterOne" and may not include the LampLighter One logo, (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with LampLighter One's names and trademarks, (iii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with LampLighter One, (iv) when selected by a user, the link must display this Web site on full-screen and not within a "frame" on the linking Web site, and (v) LampLighterOne reserves the right to revoke its consent to the link at any time and in its sole discretion.
Section 6. Indemnity
You agree to defend, indemnify, and hold harmless LampLighter One, its officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Web Site or the Materials or your breach of this Agreement. LampLighter One shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 7. General
LampLighter One is a Limited Liability Company based in Carrollton, Texas. This Agreement shall be construed under and governed in all respects by the substantive laws of the State of Texas, United States, without regard to its provisions relating to conflict of laws. You and LampLighter One agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Denton County, Texas, United States. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The failure of LampLighter One to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to this Agreement, including, without limitation, to any use of the Web Site or the Materials, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The provisions of this Agreement apply for the benefit of LampLighter One, its affiliates, and their respective officers, directors, employees, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on his, her or its own behalf.
You agree that the use of the Web Site and/or the Materials is subject to the sole discretion of LampLighter One and that any use of this Web Site and/or the Materials may be terminated by LampLighter One at any time.
You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the Web Site and/or the Materials in accordance with these Terms and Conditions.
Except as expressly provided in a particular Legal Notice or software license or material on particular Web pages, this Agreement constitutes the entire agreement between you and LampLighterOne with respect to the use of the Web Site and/or the Materials. This Agreement can only be modified, supplemented or amended by LampLighter One as provided herein.