Agreement between user and www.lyghtly.com

Welcome to www.lyghtly.com (“Lyghtly”). Lyghtly is an e-commerce website which has been created to offer educational services in the arts, music, and theater. The Lyghtly website (the “Site”) is comprised of various web pages operated by Lyghtly and offered to you conditioned upon your acceptance, without modification, of the terms, conditions, and notices contained herein (collectively, “the Terms”). Your use of Lyghtly constitutes your agreement to all the Terms. Please read the Terms carefully, and keep a copy of them for your future reference.

Lyghtly is a technology application providing a database of teachers who are crowdsourced by the student-user, with background checks on each teacher conducted by GoodHire, Inc., a nationwide company providing comprehensive employment background checks.

Electronic Communications

Visiting the Site or sending emails to Lyghtly constitutes electronic communications. You consent to receive electronic communications from Lyghtly and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Lyghtly is not responsible for third party access to your account that results from theft or misappropriation of your account. Lyghtly and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.  

Lyghtly does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Lyghtly only with permission of a parent or guardian.

Links to third party sites/third party services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Lyghtly and Lyghtly is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Lyghtly is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lyghtly of the site or any association with its operators.

Certain services made available via Lyghtly are delivered by third party sites and organizations. By using any product, service or functionality originating from the Lyghtly domain, you hereby acknowledge and consent that Lyghtly may share such information and data with any third party with whom Lyghtly has a contractual relationship to provide the requested product, service or functionality on behalf of Lyghtly’s users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Lyghtly and the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Lyghtly that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner which could damage, disable, impair or overburden the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Lyghtly or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Lyghtly content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Lyghtly and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Lyghtly or our licensors except as expressly authorized by these Terms.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services solely to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using Communication Services, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allow such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of the Communication Services that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Lyghtly has no obligation to monitor the Communication Services. However, Lyghtly reserves the right to review materials posted to any Communication Service and to remove any materials in its sole discretion. Lyghtly reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Lyghtly reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Lyghtly’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Lyghtly does not control or endorse the content, messages or information found in any Communication Service and, therefore, Lyghtly specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Lyghtly spokespersons, and their views do not necessarily reflect those of Lyghtly.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to Lyghtly or posted on the Site

Lyghtly does not claim ownership of the materials you provide to Lyghtly (including feedback and suggestions) or post, upload, input or submit to the Site or our associated services (collectively “your Submission”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Lyghtly, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Lyghtly is under no obligation to post or use, in whole or in part, your Submission, and may remove your Submission at any time in Lyghtly’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your Submission.

Third Party Accounts

You will be able to connect your Lyghtly account to third party accounts. By connecting your Lyghtly account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Communication Services are controlled, operated and administered by Lyghtly from our offices within the USA. If you access the Communication Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through Lightly and/or the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Responsibilities of all Students

All students shall have the following responsibilities resulting from the use of Lyghtly:

  1.  Responsibilty for all payments on account of services provided by teachers, membership fees, class enrollment fees, and cancellation fees.
  2. Responsibility for communicating to teachers in a timely manner any and all scheduling changes in advance of a scheduled session.
  3.  Responsibility to report promptly to Lyghtly any suspicious activity, harassment or improper behavior by any teacher or student.

Responsibility of all Teachers

  1. Responsibility to pay Lyghtly a processing fee of 10% of the total payment received by the teacher from each student. Such processing fee shall be paid immediately upon receipt by the teacher of the student’s payment.
  2. Responsibility to pay Lyghtly an annual background check fee of $9.95, payable before commencing use of Lyghtly and any of its services, and thereafter on the yearly anniversary date of the first such payment.
  3. Responsibility for the collection of all fees and payments from students for services rendered.
  4. Responsibility for communicating to students in a timely manner any and all scheduling changes in advance of a scheduled session.
  5. Responsibility to report promptly to Lyghtly any suspicious activity, harassment, or improper behavior by any teacher or student.
  6. Responsibility to act at all times in a highly professional, respectful, and courteous manner toward the student-users of Lyghtly, and their parents or guardians, and toward all other teachers and third parties encountered through Lyghtly.
  7. Responsibility for the design, content, and execution of any and all teaching sessions shall be the sole and exclusive obligation of the teachers, subject only to the responsibilities set forth in (6) above.
  8. Responsibility for the payment of all personal federal, state, and local taxes arising from the provision of the services contemplated under this agreement.

THE FOREGOING RESPONSIBILITIES OF TEACHERS AND STUDENTS CONSTITUTE A MATERIAL PART OF THIS AGREEMENT, FOR BREACH OF WHICH THE OFFENDING PARTY MAY BE SUSPENDED OR TERMINATED IMMEDIATELY AND WITHOUT NOTICE.

WAIVER OF LIABILITY

SUBJECT TO AN EMPLOYMENT BACKGROUND CHECK BY GOODHIRE, INC., OR OTHER SIMILARLY CERTIFIED PROFESSIONAL EMPLOYMENT BACKGROUND SCREENER,  ALL STUDENT-USERS OF LYGHTLY RELEASE LYGHTLY OF ANY AND ALL RESPONSIBILITY, CLAIMS AND/OR DAMAGES FOR UNPROFESSIONAL OR OTHERWISE UNSATISFACTORY CONDUCT OF ANY TEACHER WHOSE SERVICES ARE OBTAINED THROUGH LYGHTLY’S DATABASE.

Indemnification

You agree to indemnify, defend and hold harmless Lyghtly, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services arising therefrom, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Lyghtly reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lyghtly in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning the Terms set forth herein, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns the Terms herein, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to the Terms or any disputes arising therefrom, whether directly or indirectly, including Tort claims that are a result of the Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of this agreement.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS, BUT BY WAY OF EXAMPLE ONLY, IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. FURTHER, UNLESS BOTH YOU AND LYGHTLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LYGHTLY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

LYGHTLY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LYGHTLY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LYGHTLY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LYGHTLY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Lyghtly reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lyghtly as a result of this agreement or use of the Site. Lyghtly’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Lyghtly’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Lyghtly with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lyghtly with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lyghtly with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Lyghtly reserves the right, in its sole discretion, to change the Terms under which Lyghtly is offered. The most current version of the Terms will supersede all previous versions. Lyghtly encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Lyghtly welcomes your questions or comments regarding the foregoing Terms.

Lyghtly 192 E 75th Street #3D New York, New York 10021 Email Address: belyghtly@gmail.com Telephone number: 3059518568 Effective as of November 1st, 2016