Terms of Use
Contents:
1. The Terms
2. Website
3. User Accounts
4. Disclaimers
5. Limitation of Liability
6. Indemnification
7. Disputes This Agreement
8. Miscellaneous
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1. The Terms
1.1 Acceptance of Terms Lighthouse Portal Inc. (“the Lighthouse Portal”) is managed and operator by the Progress Never Stops located at the URL www.progressneverstops.com, the Lighthouse Portal mobile application, and other websites owned by Lighthouse Portal, including personalized white label websites (collectively, the “Progress Never Stops”, as defined below). These Terms of Use (the “Agreement”) govern access to and use of the Lighthouse Portal App. Access to and use of the Progress Never Stops is subject to Your acceptance of this Agreement. You agree to abide by all of these terms & conditions of this Agreement by You accessing the Progress Never Stops website and/or by Your continued use of the Lighthouse Portal. Read the entirety of this document please. Do so carefully while bearing in mind that this Agreement must be read in conjunction with Lighthouse Portal’s Privacy Policy.
1.2 Right to Modify Terms Lighthouse Portal reserves the right to modify the terms of this Agreement at any time at its sole discretion, and will give alert a of such changes. If and when the Agreement is modified, You will be subject to the terms of the modified Agreement, and by accessing Progress Never Stops or progressneverstops.com, You agree to the terms of the modified Agreement, without further notice.
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1.3 Term Definitions 1. “Progress Never Stops” means the Progress Never Stops accessible through the URL www.progressneverstops.com, www.Lighthouse-Portal.com, the Lighthouse Portal mobile application, and other websites owned and operated by Lighthouse Portal Inc. or it's affiliates, including personalized white label websites. 2. “Lighthouse Portal” means Lighthouse Portal, Inc. 3. “Parties” means Lighthouse Portal Inc. and You, collectively. 4. “Party” means either Lighthouse Portal or You. 5. “User Profile” means a user profile or Access Code created by Your practitioner on the Lighthouse Portal. 6. “You,” “Your,” and/or “User” means any individuals and/or entities visiting and/or otherwise accessing the Progress Never Stops through a User Profile or Access Code for any reason; said terms may be used interchangeably. 7. “Content” means all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials posted and/or otherwise displayed on, to, or at the Progress Never Stops. 8. “Personal Information” means, without limitation, any information that identifies or describes an individual, including his or her name, physical description, age, gender, home address, home telephone number, or education. Personal Information also includes statements made by, or attributed to, a User. 9. “Licensor” or “Licensors” means the individuals who have licensed their online lecture content exclusively to Lighthouse Portal. 10. “Access Code” means the specific, custom alpha numerical code assigned by Your practitioner to access the Progress Never Stops.
2. Website
2.1 Content Ownership Lighthouse Portal is the owner of all Lighthouse Portal Content posted on or otherwise accessible at or via the Progress Never Stops including logos, all designs, text, graphics, pictures, and information. You will have a limited license (without the right to sublicense) to view the Content for Your individual, non commercial use only. Any copying, reproduction, re-transmission, or republication of all, or part, of any Content found on the Progress Never Stops is expressly prohibited, unless Lighthouse Portal has expressly granted its prior written consent to so reproduce, re-transmit, or republish the Content. Lighthouse Portal reserves all applicable rights in regard to the Content. Lighthouse Portal may publish or transmit via the Progress Never Stops any Content that is owned by third parties. Lighthouse Portal’s Licensors are the owners of their respective Intellectual Property found on the Progress Never Stops. Any reproduction, re-transmission, or republication of all or part of any Content found on the Progress Never Stops is expressly prohibited, unless the owner of the Content has expressly granted its prior written consent to reproduce, re-transmit, or republish the material.
2.2 Copyright Complaints If You believe that any Content on the Progress Never Stops infringes upon any copyright which You own or control, You or Your designee, acting as a “Complaining Party,” may send a notification of such claimed infringement to Lighthouse Portal via legal@Lighthouse-Portal.com. Please include a description of the work that is allegedly being infringed, and where on the Progress Never Stops the work may be found.
2.3 Content Availability Once Your User Profile has been created You will have access to the Content until the User Profile is deactivated, or until the access assignment expires. Your access to the content will end upon deactivation. You will have to contact your Us provider to renew Your User Profile to continue Your access to the Content. Lighthouse Portal will comply with any regulation or law that is necessary for Lighthouse Portal’s business purpose.
2.4 Termination Lighthouse Portal is reserved the right to terminate, block, or restrict Your access to or use of the Lighthouse Portal for any breach or violation of any term(s) of this Agreement, solely at the discretion of the Lighthouse Portal. If You would like to request the deletion of Your User Profile on the Progress Never Stops, please contact Lighthouse Portal at legal@Lighthouse Portal.com, and we will resolve Your request.
2.5 Equipment You are responsible for obtaining and maintaining all computer hardware and software needed to access and use the Progress Never Stops.
3. User Accounts
3.1 User Responsibility The Progress Never Stops includes the option of allowing a User to create a “User Profile.” Users are wholly responsible for User Content posted, displayed, transmitted, or otherwise made available on or via User Profiles. You are also wholly responsible for ensuring that Your use of the Progress Never Stops is compliant with the laws and regulations of any applicable jurisdiction.
3.2 Accounts and Passwords In consideration of Your use of the Progress Never Stops, You acknowledge that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide accurate, current, and complete information concerning You when providing information to, signing up with, registering for use of, or otherwise providing information to the Progress Never Stops and maintain and promptly update the Registration Data to keep it true, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if the Lighthouse Portal has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Lighthouse Portal has the right to suspend or terminate Your access to the Progress Never Stops and to refuse any and all current or future use of the Progress Never Stops, or any portion thereof. You must have Your own password or Access Code to access the Progress Never Stops. In the event that Lighthouse Portal discovers password sharing, we reserve the right to terminate or block Your access to the Lighthouse Portal. You are responsible for all use of Your password(s).
3.3 Linking to Lighthouse Portal 1. Lighthouse Portal invites Users to link to our site. Linking to Lighthouse Portal must not improperly connote an affiliation with or an endorsement by Lighthouse Portal, or otherwise interfere with the operation of the Progress Never Stops. Any links should open in a new browser window. 2. You must not place Progress Never Stops pages in a “frame” within Your own website without explicit prior written permission from Lighthouse Portal. 3. Although the Progress Never Stops may include links providing direct access to other Internet sites, Lighthouse Portal assumes no responsibility for the Content or information contained on such other sites, and does not exert any editorial or other control over those other sites. Lighthouse Portal provides no warranties and explicitly disclaims any liability for any Content or other information provided on other sites.
4. Disclaimers
4.1 Generally Except as expressly set forth herein, the Content of the Progress Never Stops (including all Lighthouse Portal intellectual property, text, materials, software, functions, services, and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including without limitation warranties of suitability for a particular purpose. Lighthouse Portal does not warrant or guarantee uninterrupted access to the Progress Never Stops, or any site linked to the Progress Never Stops, and reserves the right to discontinue courses or to change the expiration date at any time. Under no circumstances will Lighthouse Portal be liable in any way for any Content, including without limitation any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Progress Never Stops, and Lighthouse Portal makes no guarantees that the Content will be accurate, current, or error-free. You assume full responsibility and risk of loss resulting from use of the Progress Never Stops and any information on the Progress Never Stops Website. Lighthouse Portal guarantees nothing in regards to the suitability of any information and its services for any purpose whatsoever. Lighthouse Portal may provide programs with exercises related to Your condition that You can perform at home. As there is a risk of injury with any activity, use caution when performing such exercises. IF YOU EXPERIENCE PAIN OR DISCOMFORT, IMMEDIATELY DISCONTINUE THE EXERCISES AND CONTACT YOUR CLINICIAN OR PHYSICIAN. BY VOLUNTARILY UNDERTAKING ANY EXERCISE IN A PROGRAM PROVIDED BY Lighthouse Portal, YOU AGREE THAT YOU ASSUME THE RISK OF ANY RESULTING INJURY. Lighthouse Portal will not be liable for any direct, indirect, consequential, special, exemplary, or other damages or losses that may result. It is the responsibility of the treating practitioner, relying on independent expertise and knowledge of the patient, to determine the best treatment and method of application for the patient.
4.2 Use of Lighthouse Portal Content The information and content provided in the courses, activities and programs are for informational purposes only. Lighthouse Portal makes no warranties regarding, and bears no liability for, Your use of the information and content. Neither Lighthouse Portal nor the instructor assumes any responsibility for any loss or injury and/or damage to persons or property arising out of the use of the material contained in or related to the online courses. IT IS THE RESPONSIBILITY OF THE TREATING PRACTITIONER, RELYING ON INDEPENDENT EXPERTISE AND KNOWLEDGE OF THE CLIENT, TO DETERMINE THE BEST TREATMENT/ TRAINING AND METHOD OF APPLICATION FOR THE CLIENT.
5. Limitation of Liability
In no event shall Lighthouse Portal, its members, officers, affiliates, agents, licensors, employees, or internet service provider(s) (collectively, “representatives”) be liable to You or to any third party for any direct, indirect, incidental, special, or consequential damages whatsoever, including without limitation lost revenue, lost or damaged data, or other commercial or economic loss, whether based in contract, tort (including negligence), or any other theory of liability. The foregoing limitation shall apply even if Lighthouse Portal or its representatives have been advised or should have known of the possibility of such damage. Lighthouse Portal’s total liability in any event is limited to the amount, if any, actually paid for use of the Progress Never Stops, and You hereby release Lighthouse Portal and its representatives from any and all obligations, liabilities, and claims in excess of this limitation.
6. Indemnification
You agree to indemnify and hold Lighthouse Portal and its Representatives harmless from any and all losses (including without limitation attorneys’ fees) resulting from any claims based on or relating to Your use, or the use of any individual using Your password, of the Progress Never Stops. You further agree to indemnify and hold the Lighthouse Portal and its Representatives harmless from any and all losses resulting from claims of third parties, including without limitation attorneys’ fees, that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.
7. Disputes This Agreement
shall be governed by the laws of the State of Washington. In the event that litigation results from or arises out of this Agreement or the performance thereof, both Parties agree to Arbitration with a single arbitrator qualified by the American Arbitration Association. The Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to any other relief to which the prevailing Party may be entitled.
8. Miscellaneous
8.1 Assign-ability This agreement is personal to You, and You may not assign this Agreement or the rights and obligations thereunder to any third party or person.
8.2 Agreement Binding on Successors The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their permitted heirs, administrators, successors, and assigns.
8.3 Waiver No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
8.4 Severability If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.
8.5 Survivability The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason. _Terms of Use last updated on October 4, 2022_