Lightworkerz Terms of Service

Last Updated: November 11th, 2020

1. OVERVIEW OF TERMS

This Terms and Conditions document (referred hereinafter as these “Terms”) is provided by Lightworkerz LLC (referred hereinafter as “Lightworkerz” or “we” or “us” or “our”), and it constitutes users’ (users also called “you” or “your”) use of the Lightworkerz website found at www.lightworkerz.com (hereinafter as “Website”). Lightworkerz is located at 10823 Gazelle Cliff San Antonio, TX 78245, and we provide a psychic operating platform (generally the “Services”) between psychic readers (“Advisors”) and end-users (“Customers”).

Please read these Terms carefully before accessing, paying for, or using the Website and the Services. By accessing the Website and/or using our Services, you now acknowledge that a contract exists between you and Lightworkerz; therefore, you agree to be bound by these Terms, including our Privacy Policy and other agreements found on the Website. Should you be unwilling to be bound by these Terms and other referenced agreements and policies, then you are not allowed to visit/access our Website or use the Services.

2. DEFINITIONS

3. GENERAL PROVISIONS

When you click on the “I Agree” button or box wherever we make it available, you are agreeing to enter into a legally binding agreement with Lightworkerz, and you indicate your unconditional acceptance of these Terms.

The collection, use, and sharing of your personal information is governed by our Privacy Policy. More detailed information regarding the means through which we collect personal information, how we use it, the grounds under which we may disclose it, and the rights available to you in relation to personal information can be read in our Privacy Policy.

4. UPDATES AND MODIFICATIONS TO TERMS

We reserve the right at our sole and absolute discretion to update, modify, change, limit, discontinue, and/or replace any portion of these Terms or the Website for any reason, which shall be effected by the publishing of the updated Terms on the Website. It is your duty from time-to-time to check this page in order to be updated on the latest updates or modifications to these Terms. However, we may, at our discretion, decide to notify you of any updates to these Terms or other updates via your associated email address.

5. OWNERSHIP OF WEBSITE AND LIMITED LICENSE

You hereby acknowledge and agree that the ownership and rights in and to the Website and the content, including all intellectual property rights, belong to Lightworkerz. The Website is protected by all applicable laws, intellectual property, or otherwise, and Lightworkerz expressly prohibits you from using the Website for any purposes not permitted in these Terms. Specifically, and except where otherwise allowed under these Terms, you are prohibited from scraping, framing, aggregating, reverse-engineering, hacking, crawling, decompiling, disassembling, copying, reproducing, preparing derivative works of, distributing, publicly performing, or displaying the Website publicly, whether in whole or in part, without getting prior written approval from Lightworkerz.

Subject to your compliance with these Terms, Lightworkerz hereby grants you a limited, non-exclusive, royalty-free, non-sublicensable, non-assignable, and revocable license to use the Website for the purposes described hereunder. If you violate these Terms or your use of the Website, such as, but not limited to, downloading (other than page caching) or modifying the Website or any portion of it, then Lightworkerz reserves the right to terminate this license. Unless there is written permission from Lightworkerz, we do not permit you to reproduce, prepare derivative works, display, perform, distribute copies, or use this Website or its content for commercial purposes. We reserve all rights not granted to you under these Terms.

6. SERVICES DO NOT REPLACE PROFESSIONAL ASSISTANCE

The Services are not intended to be used in place of visiting a doctor, pharmacist, or other specialist and is not a substitute for professional medical advice. You must not use the Services to diagnose a medical condition or not take medication, or otherwise determine a course of action. The Website is not intended for use in the diagnosis, treatment, cure, or the prevention of any disease. No patient-doctor or similar privileged relationship is established between the Advisors and the Customers. Information published on the Website or sent to us is not confidential and does not establish a privileged relationship. Customers are advised to do their due diligence as Lightworkerz will not be responsible for any choice made in relation to the services rendered to them by the Advisors.

YOU HEREBY AGREE THAT ANY SERVICES PROVIDED TO YOU BY ANY ADVISOR THROUGH THE WEBSITE, INCLUDING ANY ADVICE, READING, RESPONSE, OPINION, PREDICATION, SUGGESTION, OR INFORMATION IS PROVIDED ON THE BASIS OF ENTERTAINMENT AND SHALL NOT BE A SUBSTITUTE FOR PROFESSIONAL SERVICES.

7. ACCOUNT

To become a registered user and use the Services to its full potential, you must request by signing up on the Website for your login credentials to be enabled by Lightworkerz (“Login Credentials”) based on the type of access applicable to your use of the Website (whether Customers or Advisor). You agree that it is your duty to protect your Login Credentials from unauthorized use, and you are responsible for all activities that occur under your Login Credentials. You must notify us as soon as possible if you believe that your Login Credentials have been or may be used without your consent.

You must NOT: (i) create more than two accounts (one as a Customer and one as an Advisor) to access the Website and use our Services; (ii) share your Login Credentials with any third party; or (iii) transfer your account to any third party without our written approval. You are also expressly prohibited from providing information in association with your account that, in any way, impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. Lightworkerz is not responsible for any loss, damage, or expenses incurred by you as a result of your failure to safeguard your Login Credentials. Note that we may terminate or refuse any Login Credentials in our sole discretion. We do not have access to users’ passwords because they are hashed before they are saved to our database.

8. ADVISORS’ RELATIONSHIP WITH LIGHTWORKERZ

Although Lightworkerz collects the necessary documents needed to verify all Advisors before they are allowed to provide their services through the Website, Customers also have a duty to verify if an Advisor is qualified before dealing with such an Advisor. Customers are responsible for independently verifying Advisors’ licenses, qualifications, biographies, and any other information Advisors provide.

Customers are aware and acknowledge that Advisors are independent contractors who are not employees or agents of Lightworkerz. Any false information or omission in Advisors’ representations will not be the responsibility of Lightworkerz. We do not control the relevancy, accuracy, or quality of their services; neither do we endorse them to provide you with satisfactory results.

USERS HEREBY AGREE THAT NOTHING CONTAINED IN THESE TERMS SHALL BE CONSTRUED TO CREATE A PARTNERSHIP, JOINT-VENTURE, OR AGENCY RELATIONSHIP BETWEEN USERS AND LIGHTWORKERZ IN RELATION TO THIS WEBSITE.

9. DUTIES OF ADVISORS

Lightworkerz provides a platform where Advisors may provide psychic readings to Customers. We are not responsible for any conduct, including, but not limited to, advice, services, or other activities provided by the Advisors.

The Advisor declares and agrees that the following rules will be applied when using the Website;

10. PROHIBITED USES

As a user (whether a Customer or Advisor), you expressly agree that you will not use the Website in manners that may violate any law, ordinance, statute, treaty, or regulation, to violate the rights of any third party, or for any use outside of the Services.

Specifically, Lightworkerz prohibits you from:

If you believe any content on the Website is inappropriate or violates these Terms, you may report it to Lightworkerz by sending an email to contact@lightworkerz.com.

11. SERVICE ELIGIBILITY

The Website is available only to eighteen (18) years or older, capable of forming legally binding contracts under the applicable law. By using the Website and Services, you warrant and agree that you are a human individual that is 18 years of age or older with the right and legal capacity to enter into these Terms. You hereby agree and understand that your use of the Services is at your sole risk, including without limitation, any risk associated with dealings outside the Website with another user.

WHILE LIGHTWORKERZ STRIVES IN GOOD FAITH TO CONFIRM THAT ALL ADVISORS REGISTERED ON THE WEBSITE ARE LEGITIMATE SPECIALISTS, WE DO NOT WARRANT OR ASSURE YOU THAT THEY ARE TRUSTWORTHY AND THAT THE INFORMATION THEY PROVIDE IS ACCURATE. WHEN YOU COMMUNICATE OR DEAL WITH ANOTHER USER THROUGH THE WEBSITE, YOU SHOULD EXERCISE CAUTION AND APPLY COMMON SENSE SO AS TO SAFEGUARD YOURSELF AND PERSONAL PROPERTY – IN A WAY YOU WOULD WHEN INTERACTING WITH STRANGERS. NEITHER LIGHTWORKERZ NOR OUR AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. LIGHTWORKERZ, OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR ACCESS OF THE WEBSITE OR USE OF THE SERVICE.

12. FEES AND BILLING

All transactions between the Customers and the Advisors are to be processed through the Website via the Website’s designated third-party payment processor, Authorize.net and PayPal. By utilizing Authorize.net, you agree that you may be subject to Authorize.net’s separate Terms of Use found here. By utilizing PayPal, you agree that you may be subject to PayPal’s separate Terms of Use found here.

The Customer is obligated to report to us in cases when they were billed directly by the Advisor (i.e., not through the Website). Such a report should include a description of the psychic reading rendered by the Advisor, the price charged, and the date and time. The Customer is prohibited from seeking any communication, advice, or transaction with the Advisor to be performed outside of the Website.

For all purchased resources and services, we will charge your credit card, debit card, or other payment methods in accordance with payment terms indicated on the Advisor or Customer’s profile pages. You authorize us to charge your payment method in accordance with the terms of your order fees, which do not include taxes. You are solely responsible for paying all taxes and government fees.

To the maximum extent permitted by law, you waive all claims relating to payments, unless claimed within 60 days after the charge (this does not affect your credit card issuer's rights).

All information you provide in connection with the purchase or transaction or other interaction with the money transactions must be accurate, complete, and current. You agree to pay all costs incurred when you use your credit card, debit card, or other payment method used in connection with the purchase or transaction or other interaction with the Services at the prices in effect when such fees arise. Lightworkerz reserves the right to charge or change the Service fee at any time. Users also agree that they are responsible for paying all applicable taxes, levies, duties, or charges imposed by any governmental organization in their location in connection with their use of the Website and purchases made. You understand and agree that Lightworkerz will not be held liable for any failure by you to complete a transaction entered into through the Website.

To use the Services, including but not restricted to the Voice, Chat, or Email, the Customer can pre-purchase credit in the amounts indicated on Advisors’ profile pages. If the session exceeds the credit pre-purchased, the session will end unless the Customer has opted-in to add more funds to his credit either automatically or manually.

To initiate or continue an ongoing reading or any other paid service on the Website, the Customer must set a minimum of credit on their account. This minimum credit is set to reduce the risk of reading disruption due to running out of credit during a reading.

After the Customer has exceeded the free top-up (free minutes), which is in the form of USD, the Customer must fund the account through their preferred payment method in order to further enjoy psychic readings. Customers acknowledge that the free top-up cannot be withdrawn to their preferred payment method but may be used to order services on the Website alone.

All pre-purchased credit and pay-as-you-go charges to the Customer's credit card will be in USD. The Customer’s bank may select to charge the Customer in the currency of the Customer's country of residence.

Pre-purchased credit is valid for 18 months from the date of purchase. Where the Customer's account has not been accessed for more than 18 months, the Customer will be deemed to have forfeited their account, and any pre-purchased credit will become the property of Lightworkerz.

We can change our tariffs and payment rules for our Services by notifying you 15 (fifteen) days before the start of the billing cycle in which such changes will take effect. Changes in tariffs or payment rules will be posted on the Website (or such other URL that we can provide from time to time). By your continued use of the Services upon receipt of such notice, you agree to any changes in tariffs or payment rules.

13. CANCELATIONS AND REFUNDS

While Customers are solely responsible and liable for all uses of the Services (including, but not limited to, the selection of Advisors, communications with Advisors, and fee arrangements with Advisors), and while Customers assume the risk that any communications with an Advisor may or may not address the Customer's questions or otherwise be satisfactory, relevant or acceptable to the Customer, in certain limited circumstances, Lightworkerz may elect to refund a payment made by the Customer for a communication session with the Advisor by contacting us at contact@lightworkerz.com.

Lightworkerz will fully investigate all refund requests. Upon completion of the investigation, Lightworkerz will make a decision and notify the Customer of this decision. All refund decisions will be made at the sole discretion of Lightworkerz, and such determinations will be final and binding.

You can cancel your account at any time; HOWEVER, THERE IS NO REFUND FOR CANCELLATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REFUND (IF ANY) IS AT OUR DISCRETION AND ONLY IN THE FORM OF A CREDIT FOR OUR SERVICES. In the event that we suspend or terminate your account or these Terms, you understand and agree that you will not receive a refund or exchange for any unused time for subscription, any license or subscription fee for any part of the Service, any content or data associated with your account or for anything else. Any outstanding balance on your account becomes immediately due and payable upon termination of this Terms for any reason.

14. USER GENERATED CONTENT

Users may be able to submit certain user-generated content (“UGC”) to the Website, which may include, without limitation, avatars, reviews, profile information, and other similar content. Except as otherwise licensed herein, you own all rights in and to your UGC. UGC may be hosted, shared, or published as part of the Website’s associated Services. UGC posted to public areas of the Website will be publicly visible to all users of the Website, including the visitors. You expressly acknowledge, however, that Lightworkerz does not guarantee any confidentiality with respect to any UGC you submit to the Website.

By submitting UGC to the Website, you grant Lightworkerz a non-exclusive, worldwide, irrevocable, royalty-free, perpetual license to use your UGC for the Services and any purpose related to it, including, but not limited to, reproducing, preparing derivative works, distributing copies, performing, displaying, researching, and using any of the UGC. These purposes may include, without limitation, to provide you or third parties with the Website or the Services, improving the Website or the Services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your UGC across the world, whether you have or have not asserted moral rights in or to your UGC. By submitting UGC to the Website, you further agree to waive all rights of publicity or privacy with respect to the UGC.

You agree that you are solely responsible for any UGC you submit to the Website. Lightworkerz acts solely as a repository of data, and therefore makes no guarantees as to the validity, relevance, accuracy, usefulness, or legal status of any UGC. Lightworkerz does not guarantee the confidentiality of any UGC you share through the Website with any third party.

Lightworkerz reserves the right to remove UGC without prior notice, and may, at our sole discretion, remove UGC that we determine violates these Terms. Lightworkerz also reserves the right to terminate your access to the Website for any reason, including without limitation, for repeat violations or infringements of intellectual property rights, these Terms, or for no reason and without liability.

Reviews/Feedback Specifically: Customers may leave reviews after using the services of a particular Advisor. Customers agree that reviews posted shall be done in accordance with the services Advisors render. Customers further agree that reviews posted will NOT be biased, inaccurate, false, abusive, or otherwise contain a bad language. Lightworkerz reserves the right to remove any review which contains any of the foregoing. In addition, Customers release Lightworkerz of any information they may lose due to the review posted; therefore, Customers are advised to be cautious of the kind of information they share while leaving reviews. On the other hand, Customers and Advisors agree that reviews left for sessions under a minute shall not be processed by Lightworkerz.

15. COPYRIGHT POLICY

The Website, the content available through it, and the Services are © 2020 Lightworkerz LLC (“Lightworkerz”).

Lightworkerz respects the intellectual property rights of others. We are also committed to helping third parties protect their rights. Lightworkerz prohibits you as a user from posting content that violates another person’s intellectual property rights. Unless we state otherwise, the Website and all content available through it (except for UGC) are the property of Lightworkerz and are protected by copyright and other intellectual property laws.

By using the Website, you hereby agree that you will not use any devices, software, or automated programs, such as spiders, crawlers, or robots to systematically index, download, aggregate, harvest, or republish any of the content or information available through it.

If you believe that a user of Lightworkerz has infringed upon your copyright, please provide Lightworkerz with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act (“DMCA”). Once Lightworkerz receives this notice, we will act with commercial reasonableness to remove or delete the said content alleged to be subject to copyright infringement. Lightworkerz will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Lightworkerz with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.

The notice of copyright infringement must be compliant with § 512 of the DMCA and must also contain the following information:

Conversely, if you are a Website user and you believe that a content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification to us in accordance with the DMCA. The counter-notification must contain the below information:

Notifications of copyright infringement and counter-notifications may be submitted to:

Lightworkerz LLC
PO Box 691126
San Antonio, TX 78249

With a copy e-mailed to copyright@lightworkerz.com.

16. PRIVACY POLICY INTEGRATION AND SECURITY

Lightworkerz hereby incorporates its Privacy Policy in these Terms. These Terms and its incorporated Privacy Policy (as well as the Lightworkerz Online Agreement for Advisors) constitute the entire agreement between the parties with respect to the Website and Services. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Lightworkerz.

We may collect registration and other information about you through the Website to render the Services to you. Our Privacy Policy governs the collection and use of this information. We care about the integrity and security of your personal information; however, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures and have unauthorized access to your information. You acknowledge that we will not be liable to you for any breach of your information by theft.

We process the personal data (personal information) in accordance with the GDPR and CCPA rules. By entering into these Terms, you give us your consent to process the personal data required to render the Services. We process only the personal data required to render the Services. We will keep your personal data for only as long as it is necessary and to the extent permitted by law.

17. INTELLECTUAL PROPERTY RIGHTS

The Services, including all our Website content, such as our logos, trademarks, and service marks, are our intellectual property and are subject to copyright laws in the U.S. and other locations. Lightworkerz content includes, but is not limited to, database, audios, software, text, Website design, videos, and buttons. You shall not use our content for actions that may cause confusion, and you may not imitate, copy, redistribute, or use them without our written consent. If you believe another user has infringed on your intellectual property rights and other copyright, you may send your claims to us at contact@lightworkerz.com. Your request will be attended to in a timely manner.

18. SERVICE DISCLAIMER

TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, YOU AGREE THAT YOUR ACCESS TO THE WEBSITE AND THE USE OF OUR SERVICES IS AT YOUR SOLE RISK. LIGHTWORKERZ MAKES NO WARRANTIES THAT, AS A CUSTOMER, THE READINGS AND YOUR USE OF THE WEBSITE DOES NOT IN ANY WAY CONSTITUTE AN ACCURACY OF ITS USE. WE FURTHER MAKE NO WARRANTY THAT THE ADVISORS ARE OUR EMPLOYEE AND THAT THEIR READINGS WILL MEET YOUR EXPECTATION OR OTHERWISE BE FIT FOR A SPECIFIC PURPOSE. GENERALLY, WE DO NOT GUARANTEE THE ACCURACY, SAFETY, QUALITY, LEGALITY, AND THE APPLICABILITY OF THE WEBSITE AND THE SERVICES AND THEREFORE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES YOU MAY INCUR FOR RELYING ON THE SERVICES AND THE READINGS PROVIDED BY ANY ADVISOR.

LIGHTWORKERZ DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. LIGHTWORKERZ PROVIDES THE WEBSITE AND THE SERVICES ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH JURISDICTIONS, THE ABOVE DISCLAIMERS MAY NOT APPLY.

LIGHTWORKERZ WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT UPLOADED TO OR POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. LIGHTWORKERZ IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, OR DESTRUCTION OF IDENTITY. LIGHTWORKERZ RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME WITHOUT LIABILITY.

LIGHTWORKERZ WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

19. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIGHTWORKERZ, OUR AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, HEALTH ACTIONS TAKEN, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE WEBSITE OR THE SERVICES. UNDER NO CIRCUMSTANCES WILL LIGHTWORKERZ BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. DESPITE THE LIMITATION OF LIABILITY STATEMENT ABOVE, IF LIGHTWORKERZ IS FOUND LIABLE BY A COMPETENT COURT HAVING JURISDICTION, OUR LIABILITY TO YOU SHALL BE LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAID FOR PSYCHIC READINGS OR THE SUM OF $100.

The Services are operated and controlled from our base in the U.S. Lightworkerz makes no representations that the Services are appropriate or available for use in other locations. If you access the Website or use the Services from other locations, you do so at your own volition and are responsible for complying with your local laws.

20. ARBITRATION CLAUSE AND THE GOVERNING LAW

These Terms shall be interpreted, governed, construed, and enforced in accordance with the laws of the State of Texas without giving effect to any conflicts of laws principles. You and Lightworkerz both submit to and agree to the personal jurisdiction in Texas, with venue proper in San Antonio, Texas.

YOU AND LIGHTWORKERZ AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, OR THESE TERMS, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THESE TERMS. ARBITRATION UNDER THESE TERMS WILL BE HELD IN SAN ANTONIO, TEXAS, AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR, AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE U.S. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEY’S FEES. YOU AND LIGHTWORKERZ AGREE THAT THE SITUS OF THESE TERMS IS IN THE STATE OF TEXAS. YOU AND LIGHTWORKERZ AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

21. LIMITATION ON ACTIONS

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LIGHTWORKERZ ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. USER FURTHER AGREES THAT CLAIMS MUST BE FILED WITHIN 1 YEAR AFTER SUCH CLAIM ARISES OR IT BECOMES VOID.

22. INDEMNITY

Users agree to hold harmless, indemnify, and defend Lightworkerz against any and all liability, loss, or damages (including consequential and incidental damages) and against all claims which may arise out of any damage or injury caused by or sustained in connection with the use of the Website or Services, or based on any violation of any ordinance, statute, regulation or contract, and the defense of any such claims or actions including reasonable attorney’s fees. Also, Advisors shall indemnify Lightworkerz against all liabilities and/or losses in connection with, and shall assume full responsibility for, payment of all local, state, and federal taxes or contributions imposed or required under unemployment insurance, social security, and income tax laws in relation to the users’ use of the Website or Services under these Terms. Your obligation to defend Lightworkerz under these Terms will not provide you with the right to control Lightworkerz’s defense, and Lightworkerz reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Lightworkerz.

23. SECTION 230 OF THE COMMUNICATIONS DECENCY ACT

You acknowledge and agree that Lightworkerz is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Lightworkerz may edit, remove, or control the content displayed through the Website, you agree that Lightworkerz will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

24. CHILD ONLINE PRIVACY PROTECTION ACT

The Website and Services are not directed to or intended for persons under eighteen (18) years of age, and Lightworkerz will not knowingly collect personal information from children under eighteen (18) years of age. If Lightworkerz inadvertently collects such personal information, Lightworkerz will delete the personal information in accordance with its security protocols.

25. NO ENDORSEMENT

From time to time, Lightworkerz may refer to commercial processes, products, experts, services, or websites. Any reference is not intended to be an endorsement or statement that the information provided by these parties is accurate. Lightworkerz does not endorse any commercial process, product, expert, service, or website. The views and opinions of affiliates, contributors, and others expressed on this Website do not necessarily state or reflect those of Lightworkerz, and are not intended to be used for product endorsement purposes.

26. THIRD PARTY LINKS

The Website may contain links to affiliates and third party websites, applications, content, or services that Lightworkerz does not own or control. You agree that Lightworkerz will not be held responsible or liable for the content of affiliates and third-party websites, applications, content, or services, and that Lightworkerz’s inclusion of those websites, applications, content, or services within its Website does not constitute Lightworkerz’s endorsement of, recommendation of, or affiliation with any of those websites, applications, content, or services.

27. MOBILE DEVICES

The Website is fully accessible via a mobile device. To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. Lightworkerz is not responsible for any fees or errors that occur while accessing the Website via a mobile device.

28. SEVERABILITY

In the event that a court having competent jurisdiction finds a part of these Terms to be void or invalid, that part that is void or invalid will be severed and terminated while the other valid parts shall remain valid and enforceable.

29. NO WAIVER

You understand and agree that no term or provision of these Terms will be deemed to have been waived, and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

30. TERM AND TERMINATION

These Terms will remain in full force and effect so long as the Website is in operation. Lightworkerz may terminate these Terms without liability at any time, without notice, and for any reason, including but not limited to, for your violation of a term or condition of these Terms.

31. RESERVATION OF RIGHTS

All rights not expressly granted herein are reserved to Lightworkerz.

32. NOTICE

All notices required under these Terms must be in writing and must be emailed to contact@lightworkerz.com.