Terms of Use
EFFECTIVE DATE: DECEMBER 31, 2019

IMPORTANT!  PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS ON OUR LIABILITY TO YOU.

These Terms of Use apply to your access to and use of all or part of this website or mobile application (“Site”) of LightWaterLife. As used throughout this website, the term “LightWaterLife” and such terms as “the company,” “legal entity,” “the corporation,” “our,” “we” and “us” may refer to LightWaterLife. By accessing or using this Site, you agree to be bound by these Terms of Use and all terms incorporated by reference. If you do not agree to all of these Terms of Use, do not use this Site.

Site Security

You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site include without limitation:

  • logging into or attempting to log into a server or account that you are not authorized to access;
  • accessing data or taking any action to obtain data, information or services not intended for you or your use;
  • attempting to probe, scan or test the vulnerability of any system or network;
  • tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
  • transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer’s functionality or the operation of the Site.

Other Prohibited Activity

In using this Site, you must not:

  • post, send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that LightWaterLife in its sole discretion does not wish posted or transmitted on the Site;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • upload or otherwise make available files that contain images, software or other material protected by intellectual property laws, including without limitation copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
  • misrepresent your identity or affiliation in any way;
  • engage in deceptive online marketing;
  • violate any applicable laws or regulations; or
  • assist or permit any persons in engaging in any of the activities described above.

User submissions

You must exercise caution, good sense and sound judgment in using the Site. You are responsible for any material you place on or transmit to or through the Site. You agree, represent and warrant that any information you post to or transmit through the Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

Unsolicited Ideas

LightWaterLife does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any material to or through this Site that you consider to be confidential or proprietary. Any material that you transmit to or through this Site will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in the Privacy Statement or separate written agreement between you and LightWaterLife, you give LightWaterLife an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transit and distribute such information. You further agree that LightWaterLife has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this Site.

Copyright

The material made available at this Site is protected by copyright. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of LightWaterLife’s copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at this Site except the “home page” (http://www.lightwaterlife.com), must be obtained from LightWaterLife in advance. Requests for such authorization should be sent via email. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation, and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to LightWaterLife.

The software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you. Your use of the Site does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law.

Trademarks

All trademarks, service marks, logos, and trade names, whether registered or unregistered, are proprietary to LightWaterLife, its affiliates, or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

Links to Other Websites

This Site may contain links to other non-LightWaterLife websites. These links are for convenience only. Certain of these linked websites may make use of LightWaterLife proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from LightWaterLife. LightWaterLife is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these sites should not be interpreted as endorsement or approval by LightWaterLife of the organizations sponsoring the sites or their products or services.

Jurisdictional Issues

LightWaterLife has its offices within the State of Texas, United States of America. LightWaterLife makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited. Software from this Site is further subject to United States export controls. No information or software from this Site may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Termination

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from this Site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from LightWaterLife if in LightWaterLife’s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise. The provisions of this Terms of Use Statement concerning Site security, prohibited activity, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, governing law and jurisdiction shall survive any termination of this agreement.

Disclaimer

This website may contain errors and may not be complete or current. LightWaterLife, therefore, reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to Product or Service descriptions, pricing, and availability. We reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order. We apologize for any inconvenience.

The materials in this Site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, LightWaterLife does not make any warranty of any kind, whether express or implied, including but not limited to any warranty of fitness for a particular purpose or merchantability, nor do we in any way guarantee the quality, data content, artistic worth or legality of information, content, goods or services that are transferred, received, purchased or otherwise made available or obtained by way of this website or the services. LightWaterLife does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. LightWaterLife does not make any representations or warranties regarding the use or the results of the use of the materials in this Site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Exclusion of Liability

Under no circumstances, including negligence, shall LightWaterLife be liable for any special, incidental, or consequential damages or lost profits that result from the distribution or use of,  or the inability to use, the content or materials on this website, the products, or the services even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation may not apply to you.

Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall LightWaterLife be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if LightWaterLife or a LightWaterLife authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall LightWaterLife’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to LightWaterLife, if any, for the products or services. This limitation is cumulative and will not be increased by the existence of more than one incident or claim. LightWaterLife disclaims all liability of any kind of LightWaterLife’s licensors and suppliers.

You use the products and services at your own risk. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with your use of the product or service.

LightWaterLife is not responsible for interruptions or delays to a product or service that are caused by force majeure or other events outside of LightWaterLife’s control, including without limitation the following: any war whether declared or undeclared, fire, flood, extreme weather, accident, explosion, act of terrorism, governmental orders, regulations, restrictions or priorities, strike, lockout or labor troubles or disruptions, cyber-attacks, civil disorder, natural disasters (including fires, floods, earthquakes, and severe weather), public health epidemics, destruction of network facilities or transportation infrastructure, or any other cause beyond the absolute control of LightWaterLife for the duration of an interruption.

Indemnity

You agree to indemnify, defend and hold LightWaterLife, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this agreement; and/or (ii) your use of the product or services, including claims for lost data or content, work delays or lost profits resulting from your use of the product or services.

Third-party Software Components and Services

The Site may contain various third-party software components and services. By using the Site you agree and consent to LightWaterLife’s use of these third-party software components and services. You are also agreeing to any applicable terms of use, licenses or privacy policies related to that third-party software component and service. A breach of those terms of use, licenses or privacy policies shall be deemed a breach of this Agreement. By using the Site, you (i) expressly relieve LightWaterLife from any and all liability arising from your use of any third-party components or services embedded in the Site, and (ii) agree that, with respect to the third-party components and services, LightWaterLife is not responsible for the manner in which your data is processed.

Other

As used throughout this Website, the term “LightWaterLife” and such terms as “the company,” “the corporation,” “our,” “we,” “us” and “its” may refer to LightWaterLife LLC. All of these terms are used for convenience only and are not intended as a precise designation of any of the separate companies, each of which manages its own affairs.

This agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.

Changes to Terms of Use Statement

LightWaterLife may revise these Terms of Use at any time without notice. It is your responsibility to regularly check for changes to this agreement because they will be binding on you. Any new or updated feature, content of application that will be made available through the Site will be subject to these terms. Your use of the Site after such changes constitutes your agreement to such changes.

If you have any questions or complaints regarding these Terms of Use, please email us and we will endeavor to respond to you promptly.