PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM. BY ACCESSING AND CONTINUING TO USE THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING WITHOUT LIMITATION DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, ARBITRATION, AND CHOICE OF TEXAS LAW, AND YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS HAVE THE SAME FORCE AND EFFECT AS IF IT WERE EXECUTED IN A WRITTEN DOCUMENT BY YOU AND LIGHTNING STEP.
To the extent you are accessing the Platform on behalf of Your Organization, you acknowledge and agree that you have been authorized to use the Platform by Your Organization. You may only access the Platform to the extent expressly authorized by Your Organization. Lightning Step shall not be liable, and you agree to indemnify and hold Lightning Step and any of its affiliates, subsidiaries, employees, and agents harmless for all damages, liabilities, penalties, costs, and expenses incurred by Lightning Step and any of its affiliates, subsidiaries, employees, or agents as a result of any violation or failure by you to comply with this paragraph, including without limitation any failure by you to obtain authorization to use the Platform.
YOU AGREE THAT LIGHTNING STEP MAY REVISE AND UPDATE THESE TERMS AT ANY TIME. PLEASE PERIODICALLY REVIEW THESE TERMS POSTED ON THE PLATFORM BECAUSE YOU AGREE THAT YOUR CONTINUED USE OF THE PLATFORM AFTER SUCH MODIFICATIONS AND/OR UPDATES IS GOVERNED BY THESE TERMS. TO THE EXTENT WE MAKE ANY MATERIAL CHANGES TO THESE TERMS, THE UPDATED TERMS MAY BE PRESENTED TO YOUR UPON YOUR NEXT LOG-IN TO THE PLATFORM AND, IF SO, YOU WILL BE REQUIRED TO ACCEPT THE UPDATED TERMS BEFORE PROCEEDING AND CONTINUING USE OF THE PLATFORM; PROVIDED, THAT YOUR CONTINUED ACCESS AND USE OF THE PLATFORM AFTER SUCH UPDATE SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF SUCH MODIFIED TERMS.
Lightning Step may terminate your account for violating one or more of your responsibilities, for violating applicable federal or state law, any other provision in these Terms, or for any other lawful purpose or at Lightning Step’s discretion, with or without notice to you.
Last Updated: February 16, 2023.
1. Platform; Limited Right to Use.
(a) Grant of Rights. Subject to these Terms, Lightning Step hereby grants to you a limited, revocable, non-transferable, non-exclusive, non-sublicensable right to access and use the Platform solely for your use on behalf of Your Organization for its internal business purposes. You agree to use the Platform in compliance with all applicable federal, state, and local laws, rules, and regulations. You may not transfer, assign, or sublicense these Terms or any rights and licenses granted hereunder.
(b) Permissible Use. You may review, copy, retransmit, and print the Content (as defined below) available on the Platform, subject to the following conditions:
(i) you may only use the Content for personal, informational, or non-commercial purposes;
(ii) you may not provide, sell, license, or lease the Content for any fee or other consideration;
(iii) you must ensure all copyright, trademark, and other proprietary rights notices included in the Content as presented on the Platform appear on all copies;
(iv) you may not modify or alter the Content in any way; and
(v) you may not use any graphics separately from accompanying text.
For purposes of these Terms, the “Content” means, together with the Trademarks (as defined below), any and all copyrighted material and other proprietary content, including but not limited to, text, software, applications, sound, photographs, buttons, icons, scripts, templates, page headers, images, logos, video, graphics, and other proprietary content and all Intellectual Property Rights (as defined below) contained in the Platform.
(c) Provision of Platform. The Platform is available worldwide to anyone with Internet access. The Platform may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. Further, a reference to a product or service on the Platform does not imply that the product or service is or will be available in your location. The Content of the Platform is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. The Platform is provided from the United States of America, and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the Platform. Lightning Step does not make any representations regarding the legality of the Platform in any other country, and it is your sole responsibility to ensure that your use complies with all applicable laws.
(d) Updates. Lightning Step may, from time to time, in its discretion, update, upgrade, replace, or modify the Platform, and/or provide a new release, patch, or fix the Platform, and any such update, upgrade, release, replacement, modification, patch, or fix to the Platform will be considered part of the Platform and subject to the terms and conditions of these Terms. Lightning Step shall have the right to discontinue any service or feature or function thereof, with reasonable prior written notice to you.
(e) Communications. Lightning Step may use email or telephone calls to communicate with you on a recurring basis. By providing your email address and/or phone number, you consent and give permission to be contacted at such email address and/or phone number by Lightning Step and its partners. You may manage your notification settings by updating your profile on the Platform. You understand that consent is not a condition of purchase. You certify that you have provided your own contact information.
2. User Conduct.
(a) Compliance with Applicable Law. As a condition of your use of the Platform, you represent and warrant that your use of the Platform will be in accordance with these Terms and any other applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding the Platform, online conduct, and acceptable content. You represent and warrant that you will not use the Platform for any purpose that is unlawful or prohibited by the terms, conditions, and notices of these Terms.
(b) Your Responsibilities. You shall be responsible for your use of the Platform and compliance with these Terms. You shall further be solely responsible for your systems through which the Platform is accessed. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform. You promptly shall notify Lightning Step of any unauthorized use of the Platform of which you become aware. Lightning Step has no obligation to monitor the Platform.
(c) PHI. To the extent that you provide any information, including but not limited to personal information, to Lightning Step or its representatives, you warrant that (1) you are providing or obtaining only your own information or the information of others which you are authorized to provide to third parties and/or obtain from third parties on their behalf; and (2) the use of such information by Lightning Step and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE EXTENT YOU SUBMIT, PROCESS, OR TRANSMIT ANY PATIENT DATA OR PROTECTED HEALTH INFORMATION (“PHI”) AS DEFINED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”) IN OR THROUGH THE PLATFORM, YOU HAVE OBTAINED ALL NECESSARY PERMISSIONS, CONSENTS, LICENSES, AND AUTHORIZATIONS NECESSARY TO TRANSMIT, UPLOAD, AND OR/USE THE PATIENT DATA AND/OR PHI IN CONNECTION WITH THE PLATFORM OR OTHERWISE IN CONNECTION WITH THESE TERMS. You understand and agree that Lightning Step will store or otherwise retain patient data and other PHI provided by you and that Lightning Step and the Platform will be acting as a conduit for any such information received under these Terms. You acknowledge and agree that the Internet is inherently insecure and that patient data and/or PHI transmitted in connection with the Platform or these Terms may be subject to interception by an unauthorized third party.
(d) Prohibited Conduct. By using the Platform, you agree that you shall not, directly or indirectly:(i) send excessive requests to or otherwise overload the servers that host or support the Platform or take any other action that interferes with the hosting, administration, and operation of the Platform and other parties’ use of the platform;
(ii) access any portions of the Platform or any data or systems accessible therefrom that are intended for use by Lightning Step or its internal personnel only;
(iii) attempt to access computer systems or networks connected to any of our servers or the Platform, through hacking or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through the Platform;
(iv) use, copy, reproduce, modify, make derivative works of, or excerpt any of the Platform or Content or any part thereof, except to the extent reasonably necessary to use the Platform as contemplated hereunder;
(v) sell, resell, lease, distribute, rent, assign, sublicense, or transfer your rights under these Terms or to the Platform in whole or in part, to any third party, or to include the Platform in a service bureau, time sharing, or outsourcing offering;
(vi) reverse engineer, decompile, disassemble, decode, or otherwise obtain the source code for the Platform, in whole or in part;
(vii) remove, alter, or obscure any copyright or proprietary notices (including the Trademarks, as defined below) contained in the Platform;
(viii) adapt, delete, modify, hack, or attempt to change or alter any of the Content on the Platform;
(ix) use the Platform to infringe, misappropriate, or otherwise violate any Intellectual Property Rights of any third party;
(x) use the Platform in a manner that violates applicable law or causes bodily injury;
(xi) provide false information, impersonate another person or entity, or misrepresent your affiliation with an entity;
(xii) post on or transmit through the Platform any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or otherwise objectionable;
(xiii) introduce, disseminate, store, upload, or transmit files that contain any virus, bug, Trojan horse, worms, time bombs, corrupted files, or other malicious code into the Platform;
(xiv) use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Content on the Platform;
(xv) conduct probes, scans, vulnerability, penetration, or other security testing of the Platform by automated means or otherwise, including as done in order to benchmark or compare the Platform’s performance against another company’s products or services;
(xvi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform;
(xvii) access the Platform in order to build a competitive product or service;
(xviii) use the Platform other than as expressly permitted; or
(xix) attempt or agree to do any of the foregoing.
Should any attempt to do any of the foregoing prohibited acts be made, Lightning Step reserves the right, in addition to our other remedies, to seek damages (including without limitation attorneys’ fees) from any such individual or entity to the fullest extent permitted by law.
(e) User Content. To the extent that you post upload, input, submit, or otherwise transmit (collectively, “Post”) any text, data, information and/or other materials provided by you to or in connection with the Platform (collectively, “User Content”), you agree to provide true, accurate, and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You shall be responsible for the accuracy, quality, and legality of the User Content provided by you in connection with the Platform and the means by which you acquired such User Content. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISK RELATED TO THE UPLOADING, INPUTTING, OR TRANSMISSION OF USER CONTENT TO LIGHTNING STEP. By Posting User Content to the Platform, you grant, and you represent and warrant that you have the right to grant, to Lightning Step, an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display, and distribute User Content and to prepare derivative works of, or incorporate into other works, User Content, and to grant and authorize sublicenses of the foregoing. You further warrant that the use of User Content by Lightning Step and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties. Lightning Step will not pay you for User Content or to exercise any rights related to User Content set forth in this Section.
(f) Billing and Collection for Medical Services. Lightning Step shall not be responsible in any manner for providing training services to you or Your Organization or any of its employees, contractors, or providers as related to the billing, collection, or adjustments for any medical services provided by Your Organization to its patients. This includes but is not limited to Lightning Step not having any responsibility for Your Organization’s workload, including charting. It is the sole responsibility of Your Organization to ensure that its billing staff has adequate training for billing for Your Organization’s medical services, and Lightning Step shall have no responsibility in this regard.
(g) Responsibility for Prescriptions. Under no circumstances shall Lightning Step be held responsible or liable for any amounts of prescription medication prescribed by either Your Organization or you whether such prescribed amount is over or under the limits set by either the United States Drug Enforcement Agency or Your Organization. You and Your Organization shall be solely responsible and liable for any amounts prescribed, and Lightning Step expressly disclaims all liability in this regard as Lightning Step has no control over the amounts which are prescribed by you and Your Organization.
(h) Responsibility for Provision of Health Care Services. You and Your Organization, through licensed health care personnel, shall be solely responsible for, and shall have sole and complete authority, supervision and control over the provision of professional health care services performed for patients of Your Organization, and all diagnoses, treatments, procedures, and other professional health care services shall be provided and performed exclusively by or under the supervision of a licensed health care personnel retained by Your Organization, which it, in its sole discretion, deems appropriate and in accordance with all laws. These Terms in no way shall be construed to mean or suggest that Lightning Step is engaged or permitted hereunder to engage in the practice of medicine.
3. Account Credentials. Registration for the Platform requires a valid, working e-mail address, and/or other information in order to initially sign up for access to and use of the Platform. Additionally, you may be required to create a username and password to securely access the Platform. When registering for or accessing the Platform, you certify that you have provided your own contact information, that the information you have provided is accurate, and that Your Organization has authorized you to use the Platform. You are solely responsible for maintaining the strict confidentiality of any username and password that you create in order to access and use the Platform and you will be solely responsible for any unauthorized access, data security breach, damages or losses that may result through your account. Lightning Step will not be responsible or liable for any loss or damage that results from your failure to comply with this security obligation. You should immediately notify Lightning Step in writing of any need to deactivate your account due to potential or actual security concerns.
4. Reservation of Rights.
(a) Ownership. Except as otherwise provided by a third party, all trademarks, service marks, trade names, and logos (collectively, “Trademarks”) used and displayed on the Platform are registered and unregistered Trademarks of Lightning Step and/or our licensors and are the sole property of Lightning Step and/or our licensors. Lightning Step and its third-party licensors retain all of their respective rights, title, and interest in and to the Platform, the Content, Intellectual Property Rights, and the entire selection, coordination, arrangement and “look and feel” of the Platform and the Content. Neither these Terms nor your use of the Platform transfers any right, title, or interest in the Platform, Content, or Intellectual Property Rights to you. Any rights not expressly granted are reserved. For purposes of these Terms, “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection in any part of the world.
(b) Restrictions on Use. Except as expressly provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Platform, in whole or in part, without Lightning Step’s express written permission.
(c) Feedback. If you propose or provide any ideas, suggestions, enhancements, recommendations, or other feedback, that is communicated by you to us, about our products, services, and/or the Platform (“Feedback”), you hereby assign your rights in that Feedback to us and that Feedback will be owned by Lightning Step. You agree that Lightning Step may, in its sole discretion, use the Feedback you provide to Lightning Step in any way, including in future modifications of the Platform or in other Lightning Step products or services. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.
(d) Platform Data. Lightning Step may monitor your use of the Platform, including through automated or other technical means, for purposes of providing the Platform, including without limitation tracking how you interact with the Platform. Lightning Step may use such de-identified usage and performance metrics and other data (collectively, “Platform Data”) to provide the Platform and may use any such Platform Data in connection with developing, providing, maintaining, supporting, or improving Lightning Step’s current and future products and services, as they may be provided to you or other customers of Lightning Step, or for any other lawful purpose. For purposes of the foregoing, “Platform Data” does not include any personally identifiable information.
5. Support Services. If purchased by Your Organization, Lightning Step shall provide you with support services in accordance with the terms of that agreement. Lightning Step shall have no obligation to provide such support services if there is a material defect in the Platform caused by malfunction of non-Lightning Step hardware or software, by modification of the Platform not made by Lightning Step, by operator error, or by use of the Platform that is not in accordance with any Lightning Step documentation. Lightning Step shall have no obligation to provide support services to any non-authorized user.
6. Third-Party Applications; Materials.
(a) Third-Party Applications. In the event Lightning Step provides any integration or interfaces between the Platform and any third party products and/or services with functionality that interoperates with the Platform or other content or data in the Platform (the “Third-Party Applications”) used by you or Your Organization, you shall be solely responsible for ensuring that you have all necessary consents, licenses, and cooperation from such third party provider of the Third-Party Applications to allow Lightning Step to integrate with such Third-Party Applications, and to use and store in the Platform any and all data received from or through such Third-Party Applications. Lightning Step makes no representations or warranties and shall have no liability or obligation whatsoever in relation to the operation, content, or use of any Third-Party Application, any transactions completed in or through the same, nor for any contract entered into by you or Your Organization (as the case may be), with any such third party. Lightning Step cannot guarantee the continued availability of any features designed to interoperate with Third-Party Applications, and may cease providing them without entitling you to any refund or credit, if for example and without limitation, the provider of the Third-Party Application ceases to make the Third-Party Application available for interoperation with the Platform in a manner acceptable to Lightning Step. You are responsible for complying with the applicable terms of service for any Third-Party Applications with which you use the Platform. You will indemnify Lightning Step against all costs, losses, liabilities, and damages which arise from any action or claim against Lightning Step by such third party provider and/or other third party in respect of the use of (and/or integration/interface with) such Third-Party Application and related data (including without limitation personal data).
(b) Third-Party Materials. The Platform may display, include, or make available third-party content or services (collectively, “Third-Party Materials”). You acknowledge and agree that Lightning Step is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Lightning Step does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience, and you acknowledge and agree that you access and use such Third-Party Materials entirely at your own risk and subject to such third parties’ terms and conditions.
(c) Additional Terms if You Download the App Through the Apple App Store. The following additional terms apply to you if you downloaded the App through the Apple App Store:
(i) These Terms are applicable between you and Lightning Step, but not Apple, Inc. (“Apple”). Lightning Step, not Apple, offers the App to you, and Apple has no responsibility to you for any use of, or information related to, the App, and these Terms.
(ii) You may only use the App on an Apple device that you own or control and as permitted by the App Store Terms of Service.
(iii) Apple has no obligation to provide maintenance and support services with respect to the App, as used on your iPhone, iPad, or iPod touch devices. In the event of any failure of the App to conform with any applicable warranty, you may notify Apple regarding a refund of your purchase price of the App through the Apple App Store.
(iv) Should you have any claim, whether your claim or whether a third-party claim has been filed against you, relating to your use of the App, Apple shall have no responsibility to you.
You and Lightning Step hereby acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple, as a third-party beneficiary, will receive (and otherwise shall be deemed to have received) the right to enforce these Terms against you.
(d) Additional Terms if You Download the App through Google Play. The following additional terms apply to you if you downloads the App through Google Play:
(i) These Terms are applicable between you and Lightning Step, but not Google, Inc. (“Google”). Lightning Step, not Google, offers the App to you, and Google has no responsibility to you for any use of, or information related to, the App and these Terms.
(ii) Google shall not be responsible to you for maintenance of the App. Google shall not be responsible to you for any complaints you have regarding the App, as used on your Android device.
(iii) In compliance with Google Play’s User Data Policy, Lightning Step has completed a data safety form, which details how Lightning Step collects and shares your data. Lightning Step’s data safety form is displayed on Lightning Step’s Google Play listing. By downloading the App through Google Play, you agree that you have read, understood, and agreed to be bound by Lightning Step’s data safety form. If you do not agree to be so bound, please do not access or use the App.
7. Modifications to Terms. Lightning Step may change, modify, add, and/or delete all or portions of these Terms from time to time by posting updated Terms on the Platform, which shall apply to your use of the Platform after such modifications have been posted. Please review these Terms periodically for any updates or changes. Your continued use of the Platform following the posting of any updates or changes to these Terms constitutes your acceptance of such updates and changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to terminate your use of the Platform immediately.
8. Termination; Modification of the Platform. These Terms will continue in full force and effect until you stop using the Platform, until the termination of Your Organization’s agreement with Lightning Step, or until these Terms are terminated as provided herein. Lightning Step reserves the right to modify or terminate your access to the Platform or portions of the Platform, at any time, temporarily or permanently, with or without notice to you, for any reason, and are not obligated to support or update the Platform. Lightning Step may terminate these Terms at any time without notice. Upon termination of these Terms, all rights and licenses granted to you with respect to the Platform will immediately terminate, and you shall immediately discontinue use of the Platform. These Terms shall survive any termination. You acknowledge and agree that Lightning Step will not be liable to you or any third party in the event that Lightning Step exercises its right to modify or terminate access to the Platform or portions of the Platform.
9. Confidentiality; Privacy.
(a) Confidentiality. The Platform contains proprietary and confidential information of Lightning Step. “Confidential Information” means all information disclosed by Lightning Step to you, which is in tangible form and labeled “confidential” or the like, or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. The following information shall be considered Confidential Information whether or not marked as such: Lightning Step’s technology, trade secrets, know-how, business operations, plans, strategies, customers, pricing, and information. Without limiting the foregoing, the Platform is the Confidential Information of Lightning Step. Confidential Information does not include information that: (1) was rightfully known to you without restriction on use or disclosure prior to such information’s being disclosed or made available to you in connection with these Terms; (2) was or becomes generally known by the public other than by your noncompliance with these Terms; or (3) was or is received by you on a non-confidential basis from a third party that was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality. You shall use no less than a reasonable standard of care to safeguard the Confidential Information you receive. You will only use the Confidential Information to exercise your rights and perform your obligations under these Terms or as otherwise required by law.
(b) Injunctive Relief. You agree that any breach of Sections 1, 2, or 9 would cause irreparable harm to Lightning Step, for which remedies at law would be inadequate to compensate Lightning Step for such harm and damage. Therefore, Lightning Step shall be entitled to seek injunctive relief against any such breach or threatened breach, without posting any bond or showing of irreparable harm, in addition to any other remedy available to it. The foregoing shall be in addition to and shall not limit any other rights or remedies to which Lightning Step may be entitled, at law or in equity.
10. Indemnification. You agree to indemnify and hold harmless Lightning Step, its affiliates, officers, directors, shareholders, subsidiaries, parents, employees and agents, from and against any and all claims, demands, damages, obligations, losses, liabilities, actions, costs or debt, and expenses (including but not limited to attorneys’ fees and all reasonable expenses) arising from or related to: (i) your use of and/or access to the Platform; (ii) you use of the Content; (iii) your User Content; (iv) any violation of these Terms; or (v) any negligence or willful misconduct by you. You will promptly notify Lightning Step in writing upon your discovery of any unauthorized use or infringement of the Platform, or Lightning Step’s Intellectual Property Rights with respect thereto. Lightning Step shall have the sole and exclusive right to bring an infringement action or proceeding against any infringing third party, and, in the event, that Lightning Step brings such an action or proceeding, you shall cooperate and provide full information and reasonable assistance to Lightning Step and its counsel in connection with any such action or proceeding.
11. Disclaimer. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LIGHTNING STEP IS PROVIDING THE PLATFORM AND ALL CONTENT ON AN “AS-IS,” “AS-AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE PLATFORM, MATERIAL, INFORMATION, OR OTHER CONTENT INCLUDED ON THE PLATFORM. LIGHTNING STEP AND ITS LICENSORS EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
YOU AGREE THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. LIGHTNING STEP DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE PLATFORM IS ACCURATE, COMPLETE OR CURRENT. LIGHTNING STEP SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE PLATFORM AND/OR ANY CONTENT PROVIDED ON THE PLATFORM. LIGHTNING STEP DOES NOT WARRANT, AND EXPRESSLY DISCLAIMS, THAT THE PLATFORM OR ANY CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
LIGHTNING STEP DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS. IN ADDITION, THE PLATFORM MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. LIGHTNING STEP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE PLATFORM.
YOU ACKNOWLEDGE AND AGREE THAT YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND THE USE AND TRANSMISSION OF ANY USER CONTENT YOU UPLOAD, SUBMIT, OR OTHERWISE POST TO OR THROUGH THE PLATFORM.
Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law.
12. Limitation on Liability. IN NO EVENT WILL LIGHTNING STEP AND/OR OUR LICENSORS OR OTHER THIRD PARTIES IDENTIFIED IN THE PLATFORM BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INCREASED, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR RELATING TO THE USE OR INABILITY TO USE THE PLATFORM, THE CONTENT, OR OTHER INFORMATION CONTAINED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, BUSINESS, INCOME OR PROFITS, CORRUPTION, LOSS OR THEFT OF DATA, VIRUSES, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER OR NOT LIGHTNING STEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY. IN NO EVENT WILL LIGHTNING STEP AND/OR OUR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT OR OTHER MATERIALS PROVIDED ON THE PLATFORM.
UNDER NO CIRCUMSTANCES WILL LIGHTNING STEP’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND WHETHER INCURRED WITH RESPECT TO ONE CLAIM, OR CUMULATIVELY INCURRED FROM MULTIPLE RELATED OR UNRELATED CLAIMS ARISING IN CONNECTION WITH THESE TERMS OR THE PLATFORM, EXCEED ONE HUNDRED DOLLARS ($100.00 USD).
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LIGHTNING STEP. THE PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
You agree that any dispute arising out of these Terms or your use of the Platform must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Lightning Step to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
13. Typographical Errors. Lightning Step’s goal is to provide complete, accurate, and up-to-date information on the Platform. Unfortunately, it is not possible to ensure that anything is completely free of human or technological errors. The Platform may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. Lightning Step therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
14. Governing Law. These Terms shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to choice of law principles.
15. Dispute Resolution. THE USE OF THE PLATFORM REQUIRES THE INDIVIDUAL ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES. SUBJECT TO THIS SECTION, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE SUCH CLAIM OR DISPUTE: (1) IN COURT; (2) BEFORE A JUDGE OR JURY; OR (3) IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
You agree that any dispute arising out of or relating in any way to your use of the Platform requires that such claim be resolved exclusively by confidential, binding arbitration. The arbitration shall be conducted before three neutral arbitrators in Houston, Texas, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration. Subject to these Terms, the arbitrators will have the authority to apportion liability between the parties, but will not have the authority to award any damages or remedies not available under, or in excess of, the express terms of these Terms. The arbitration award will be presented to the parties in writing, and upon the request of either party, will include findings of fact and conclusions of law. With regards to any action for breach of confidentiality or intellectual property obligations, nothing in this Section shall preclude either party from seeking interim equitable relief in the form of a temporary restraining order or preliminary injunction. Any such request by a party of a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate hereunder. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM AND ANY AND ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING RELATING TO THESE TERMS, THE PLATFORM, OR ANY OF THE SUBJECT MATTER CONTEMPLATED HEREIN.
The award of the arbitrators may be confirmed enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the exclusive jurisdiction of the state or federal courts located in Houston, Texas, for any action (a) to compel arbitration, (b) to enforce any award of the arbitrators, or (c) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (ii) to service of process in any such action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Houston Texas, and each party hereby irrevocably consents to the exclusive jurisdiction of such courts.
16. General Terms.
(a) Severability; Waiver. If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. No waiver by either party of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to act with respect to a breach by any user of the Platform does not constitute a waiver of our right to act with respect to subsequent tor similar breaches.
(b) Assignment. You may not assign your rights and/or obligations under these Terms to any other party without the prior written consent of an authorized representative of Lightning Step. Lightning Step may assign its rights and/or obligations under these Terms to any other party at Lightning Step’s discretion.
(c) Third-Party Beneficiaries. Except as otherwise set forth in these Terms, there are no third-party beneficiaries to these Terms.
(d) Contact Information. Notices to you may be made to the email address associated with your account and shall be deemed to be given upon receipt or three (3) days after transmission of email message. If you have any questions about these Terms, the practices of Lightning Step, or your dealings with the Platform, please contact us at: firstname.lastname@example.org.