Lighthaus Terms of Service
The following are the terms and conditions (“Terms of Service”) that define the relationship between Lighthaus Inc. (operating as Lighthaus (“Company,” “we,” or “us”)) and you, and govern your use of Lighthaus’s Services. The term "you" shall refer to the individual end-user or, where applicable, to the company, institution or other legal entity utilizing the Services.
If you have any questions or concerns about these Terms of Service or how we protect our community, please contact us at support@lighthaus.us – we'd love to help!
If you are a direct competitor of Lighthaus, you may not access the Services except with our prior written consent. Unless expressly conceded in writing, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Agreeing to Our Terms
Thank you for your interest in Lighthaus, which owns and operates the services offered on Lighthaus.us (“Lighthaus Website”) and any associated applications (“Lighthaus Apps”) or products and services (e.g. the "Lighthaus Newsletter") that the Company may provide now or in the future (collectively, the “Service” or "Services").
When using the Service, you will also be subject to the Lighthaus Privacy Policy and any published guidelines, policies or rules applicable to our website or apps, which may be posted at any time (collectively the “Guidelines”). These Terms of Service and our Privacy Policy, including any other Guidelines and future modifications (collectively, the “Agreement”), govern your use of the Service and are a legal contract between you and Lighthaus. By signing up for an account on, or otherwise accessing or using the Lighthaus Service, you acknowledge that you have read and agree to be bound by this Agreement. If you are using the Service on behalf of a school, institution, company or organization that has a separate written agreement with Lighthaus, that agreement shall govern your use of the Service, and all matters not covered by said agreement will supplemented by and subject to our Terms of Service, Privacy Policy and related Guidelines.
If you are entering into this Agreement on behalf of a company, institution or other legal entity, you acknowledge that you have the authority to bind said entity to these terms and conditions, in which case the terms “you,” “your” or “Member” shall refer to said entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service, and Lighthaus shall not be responsible for any use you make of the Service without the pertinent authorization.
EDUCATIONAL INSTITUTIONS UTILIZING THE SERVICE ARE RESPONSIBLE FOR MONITORING THE RIGHTS AND INTERESTS OF THEIR STUDENTS AND MUST THEREFORE TAKE SPECIAL CARE IN THE REVIEW OF THIS AGREEMENT. EDUCATIONAL INSTITUTIONS SHALL BE RESPONSIBLE FOR OBTAINING, WHERE APPLICABLE, PERTINENT CONSENT FROM PARENTS, LEGAL GUARDIANS OR ELIGIBLE STUDENTS PRIOR TO UTILIZING THE SERVICE. Lighthaus SHALL NOT BE RESPONSIBLE FOR ANY NEGLIGENCE OF THE EDUCATIONAL INSTITUTION IN THE REVIEW OF THIS AGREEMENT OR THE OBTAINMENT, WHERE APPLICABLE, OF THE NECESSARY PARENTAL CONSENT.
Privacy
Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to help you understand our policies. Please read our Privacy Policy, which explains how we treat your personal information and protect your privacy when you use our Service. By using our Service, you agree that Lighthaus can use such data in accordance with our Privacy Policy.
Sign-up and Security
As a condition to using the Service, you may be required to create an account with Lighthaus and select a password and username or provide additional contact information. You must provide Lighthaus with accurate, complete, and updated personal information.
You may not select or use the name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. We reserve the right to refuse to create an account or to delete an account at our discretion. You shall be responsible for maintaining the confidentiality of your password and will not share your account with anyone or let anyone else access your account. You may not transfer your account to anyone without the express prior written consent from Lighthaus.
You affirm, acknowledge and pledge that all the information you submit when creating an account is truthful and accurate.
Using the Service
Subject to the terms and conditions set forth in the Agreement, Lighthaus gives you permission to access and use the Service that you select through the applicable sign-up process. The Service is available for your personal, non-commercial use.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether if, for example, you do not comply with this Agreement or if we are investigating suspected misconduct. We may also stop providing the Service to you, or add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability. You can stop using our Service at any time, although we will be sorry to see you go.
Access to and use of the Service itself is currently free, but in the future, we may offer new or additional special features which Lighthaus may charge for. Additionally, the right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any exist.
Lighthaus IS UNDER NO OBLIGATION TO PROVIDE ITS SERVICES. IT IS THE SOLE RESPONSIBILITY OF THE TEACHER, EDUCATIONAL INSTITUION OR ORGANIZATION TO BE PREPARED TO CONDUCT ANY TEACHING AND/OR TEACHING-RELATED ACTIVITIES WITHOUT ACCESS TO THE Lighthaus SERVICE.
Your Pledge
You affirm, acknowledge and agree that you will not provide any User Submissions (content you create using the Service) or otherwise use the Service in a manner that (i) infringes, violates or misuses another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render the Company in violation of any applicable laws or regulations (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password; or (v) is otherwise in breach of the terms and conditions outlined in this Agreement. Additionally, you affirm, acknowledge and agree that you possess all the rights necessary to provide your User Submissions and grant the Company the above rights.
Your Information and Content
In the course of using the Service, you and other users may provide or post certain content or information which Lighthaus may use in connection with the Service and which may be visible to certain other users (“User Submissions”). Additionally, when the Service is utilized by an educational institution managing student "Educational Records," some User Submissions may be deemed part of said education records (as defined in the "FERPA and Student Data" section below).
You retain all ownership rights for any User Submissions. Lighthaus does not claim any ownership rights over User Submissions. Nevertheless, if your educational institution, company or organization has purchased a premium package and granted you access to Lighthaus's premium features, it is possible that your institution, company or organization owns all intellectual property rights inherent to your content, depending on the contents of your employment agreement or the organization's internal regulations. Lighthaus SHALL NOT BE RESPONSIBLE FOR ANY DECISIONS MADE BY YOUR EDUCATIONAL INSTITUTION, COMPANY OR ORGANIZATION AS TO THE OWNERSHIP OF CONTENT ASSOCIATED TO YOUR ACCOUNT, AND ANY CLAIMS IN THAT REGARD SHOULD BE DIRECTED TO THE EDUCATIONAL INSTITUTION, COMPANY OR ORGANIZATION AND NOT Lighthaus.
Without prejudice to the foregoing, Lighthaus will not heed any deletion requests of "teacher accounts" or "teacher content" made by the educational institution, company or organization, as this should be handled by the educational institution, company or organization itself in accordance with its internal regulations or teacher employment agreements.
In order to allow Lighthaus to provide the Service, you hereby grant us a limited, non-exclusive, sublicensable (as necessary to perform the Service), worldwide, royalty-free, and transferable (only to a successor) right and license to:
use, copy, store, distribute, publicly display, modify, and create derivative works (such as changes we make so that your content works better with our Service) from such User Submissions as necessary to provide, improve and make the Service available to you and other users, including through any future media in which the Service may be distributed;
use and disclose metrics and analytics regarding the User Submissions in an aggregate or other non-personally identifiable manner (including, for use in improving our Service or for marketing and business development purposes);
use any User Submission (including any Education Record) that has been de-identified for any product development, research or other purpose; and
use User Submissions for the data processing purposes outlined in our Privacy Policy.
You are responsible for making sure that you have all the rights for your User Submissions, including the rights necessary for you to grant us the aforementioned licenses to the User Submissions.
The above license will terminate when you delete any User Submissions with intellectual property rights (“IP content”), like photos or videos, you or your institution (as defined below) deletes an Education Record, you delete any personal information, or you delete your account, unless your content has been shared with others and they have not deleted it, or your content is part of an Education Record still under the control of your institution (e.g., co-teaching). If you would like to delete any media that may contain personal information regarding your identity, please review the "How can I delete my account?" section of our Privacy Policy and follow the steps to request deletion.
When you delete IP content, Education Records, or personal information, it is deleted in a manner similar to emptying the recycle or trash bin on a computer. However, you understand that any removed User Submission may persist in backup copies for a reasonable period of time. Note that the information contained in Lighthaus's security backups or copies will not be available or accessible to others.
All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. Lighthaus cannot guarantee the identity of any other users with whom you may interact in the course of using the Service, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. WE DO NOT GUARANTEE THAT WE WILL PUBLISH ANY OF YOUR USER SUBMISSIONS, AND RESERVE THE RIGHT TO REMOVE USER SUBMISSIONS FROM THE SERVICE AT ANY TIME, FOR ANY REASON, AND AT OUR SOLE DISCRETION.
Our automated systems analyze your User Submissions (including emails) to provide you personally relevant product features, such as customized search results, and for spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. Lighthaus will not analyze any Educational Records for the purpose of providing behaviorally-targeted advertising to students, yet the aforementioned shall not be construed to limit Lighthaus's ability to use Educational Records for adaptive learning or customized student learning purposes.
We always appreciate your feedback or other suggestions about Lighthaus, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.
Ownership of Lighthaus Teacher Accounts
Your account belongs to you, regardless of the email address you used when signing up for the Services. However, please keep in mind that if your educational institution, organization or company disables your email address and you’re not able to log in, we won't be able to recover your account.
Additionally, if you utilize the Service through a Pro license acquired by another party for you to use (e.g., bought by your school for teaching purposes), the party paying for such feature has the right to control access to and get reports on your use of such paid feature; however, they do not have rights to your personal account.
Additional Terms by User Types
Students
If you are a student accessing the Service at the invitation of a teacher or other school official, the following terms apply to you:
Only students who have been invited by their teacher, school, or district may use the Service. You may not access or use the Service unless you are invited by a teacher, school, or district who is authorized to give you access to the Service.
Subject to our Privacy Policy, we request minimal personal information to be provided from students to enable use of the Service. If you are a student, please do not provide any personal information about yourself to us, other than what we request from you when you sign up for the Service.
The Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without verifiable parental consent or notice as applicable (“Consent”). Lighthaus only collects, uses, shares, and retains personal student information for purposes for which we were authorized by the educational institution/agency and/or teacher.
Teachers
If you are a teacher, aide, trainer or other similar personnel accessing the Service on your own behalf, or on behalf of an educational institution, company or organization (the "Institution"), the following terms apply to you:
You understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without Consent, and you understand that we only collect, use, share and retain student personal information for purposes for which we were authorized by the educational institution/agency or teacher.
You agree, as applicable, that you are acting on behalf of (or have permission from) your Institution to enter into this Agreement and to use the Service as part of your curriculum.
You agree that you are responsible for maintaining and monitoring the accuracy of the list of students for each of your classes. By way of example, you will only retain students in your classroom as long as it is reasonably needed for their educational development.
You acknowledge and agree that, in order to guarantee the privacy and security of your students' data and provide them with the best possible experience through the Lighthaus Apps, you will make sure your students use the latest versions available in the Play and Apple Store.
ONLY PERSONNEL WHO ARE CURRENT EMPLOYEES OF THE INSTITUTION MAY USE THE SERVICE ON THE INSTITUTION’S BEHALF. UPON TERMINATION OF A TEACHER, AIDE, TRAINER, OR OTHER STAFF MEMBER'S EMPLOYMENT WITH THE INSTITUTION, SUCH INDIVIDUAL MUST RETURN AND CEASE USING ALL LOGIN DETAILS AND STUDENT ACCESS HE OR SHE HAS IN HIS OR HER POSSESSION. Lighthaus SHALL NOT BE RESPONSIBLE FOR THE MISUSE OF THE SERVICE BY INSTITUTION PERSONNEL AND SHALL NOT BE HELD ACCOUNTABLE FOR TEACHERS, AIDES, TRAINERS, OR OTHER STAFF MEMBERS OF THE INSTITUTION NOT RETURNING STUDENT EDUCATION RECORDS, AND/OR NOT RETURNING AND CEASING TO USE ALL LOGIN DETAILS AND STUDENT ACCESS THEY HAVE IN THEIR POSSESSION, UPON TERMINATION OF THEIR EMPLOYMENT AGREEMENT WITH THE INSTITUTION.
FERPA and Student Data
Certain information that may be provided to Lighthaus by school personnel that is directly related to a student and maintained by an educational institution, may be considered an education record (“Education Record”) under the Family Educational Rights and Privacy Act (“FERPA”). Additionally, certain information, provided to Lighthaus by school personnel about a student, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. A school may not generally disclose personally identifiable information from a student and eligible student’s education records to a third party without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA (“FERPA Exemption(s)”), including the exemption for Directory Information (“Directory Information Exemption”) or disclosure to school officials with a legitimate educational interest (“School Official Exemption”).'
As school personnel or the Institution providing Directory Information or any Education Record to Lighthaus, you acknowledge, affirm and pledge to Lighthaus, as applicable, that your Institution has:
complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be directory information and allow parents and eligible students a reasonable amount of time to request that schools do not disclose directory information about them; and/or
complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “school official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by Lighthaus; or
obtained all necessary parental or eligible student written consent to share the Directory Information and Education Records with the Company, in each case, solely to enable the Company’s operation of the Service.
Lighthaus will never share Education Records with third parties except (i) as directed by a Lighthaus user (i.e., teacher sharing with another teacher or parent); or (ii) to our service providers that are necessary for us to provide the Service, as stated in our Privacy Policy. Education Records are never used or disclosed for third-party advertising or any kind of first- or third-party behaviorally-targeted advertising to students or parents. Additionally, information collected directly from a student using Lighthaus is never used or disclosed for third-party advertising, or any kind of first- or third-party behaviorally-targeted advertising, and personal information collected from a student is never sold or rented to anyone. This section shall not be construed (i) to prohibit Lighthaus from marketing or advertising directly to parents, where applicable, so long as the marketing or advertising did not result from the use of Education Records to provide behaviorally-targeted advertising or (ii) to limit the ability of Lighthaus to use student information or Education Records for adaptive learning or customized student learning purposes.
Lighthaus may use Education Records that have been de-identified for product development, research or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed. Lighthaus agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.
GDPR and Minors
The EU General Data Protection Regulation (GDPR) determines that the processing of personal data of a child residing in the European Union shall be lawful where the child is at least sixteen (16) years old, unless Member States have provided, by law, a lower age that is not below thirteen (13) years.
YOU ACKNOWLEDGE, AFFIRM AND PLEDGE TO Lighthaus THAT YOU OR YOUR INSTITUTION HAVE OBTAINED ALL NECESSARY PARENTAL OR ELIGIBLE STUDENT WRITTEN CONSENT TO SHARE THE PERSONAL DATA OF YOUR STUDENTS WITH Lighthaus, IN EACH CASE, SOLELY TO ENABLE Lighthaus'S OPERATION OF THE SERVICE.
If you have any issues with Lighthaus's principles set out in these terms, please reach out to privacy@Lighthaus.us. We will respond to your complaints within thirty (30) days. If your complaint cannot be resolved through our internal processes, we will direct you to the state or national data protection authority in the jurisdiction where you reside.
Lighthaus Technology and Content Copyright
'The Service and the Lighthaus Technology are intended solely for the personal, non-commercial use of our users and may only be used in accordance with this Agreement. “Lighthaus Technology” means all past, present and future content of the Service, including but not limited to, all the software, hardware and technology used to provide the Service (including Lighthaus proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as videos, text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all Lighthaus Marks and Lighthaus Lessons. “Lighthaus Marks” are the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Lighthaus.'
Lighthaus Technology is protected by copyright and other intellectual property laws. You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the Lighthaus Technology for any purposes other than as expressly permitted under this Agreement. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any Lighthaus Technology.
Using our Service does not give you ownership of any intellectual property rights in our Service or the Lighthaus Technology. You may not use content from our Services, including User Submissions, unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any Lighthaus Marks or Lighthaus Originals. Do not remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.
You may download a single copy of the Lighthaus App for personal, non-commercial use only.
Use Restrictions
User Responsibilities
We do our best to keep Lighthaus safe, but we cannot make any guarantees. We need your help to keep Lighthaus safe, which includes the following commitments by you when using our Service:
You will only use the Service as permitted by law.
You will not post unauthorized commercial communications (such as spam or advertisements) on or through the Service.
You will not collect users' content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
You will not upload viruses or other malicious code, files or programs.
You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.
You will not collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable laws or regulations.
You will not post, share or otherwise make available to the community content that is protected by copyright or applicable intellectual property laws and whose dissemination has been prohibited by its legitimate proprietor.
You will not bully, intimidate, or harass any user or use the Service in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another’s privacy.
You will not post content that: is hate speech, discriminating, threatening, or pornographic or sexually explicit, incites violence, or contains graphic or gratuitous violence.
You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality.
You will not use the Service in any commercially unreasonable manner or in any manner that would disparage Lighthaus.
You will not impersonate an Lighthaus employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You will use the Service in accordance with its purposes. As a general rule, students using the Service per instruction of an educational institution or teacher are not permitted to create teacher accounts. Periodic exceptions to this prohibition shall be determined on a case by case basis.
You will not facilitate or encourage any violations of this Agreement or our policies.
Any violation of the above may be grounds for restriction or termination of your right to access or use the Service as foreseen in the next section "Account Bans".
Account Bans
If your account has been involved in serious rule-breaking, the account will be either suspended or banned indefinitely depending on the severity of the offense. A suspension is temporary, whilst a ban, on the contrary, is permanent and cannot be lifted.
If there has been a ban or suspension placed on your account, you will not be able to sign in to Lighthaus. For further information, please refer to Customer Support at support@lighthaus.us. Customer Support shall provide you with the general reason for the ban or suspension, but will not enter into further discussion. EVERY BAN OR SUSPENSION ON Lighthaus IS THE RESULT OF THOROUGH INVESTIGATION BY OUR MODERATION STAFF. AS A RESULT, ALL SUSPENSIONS AND BANS ARE FINAL AND CANNOT BE DISPUTED.
Pricing, Billing and Cancellation
Membership fees for the Lighthaus Premium School plans and any other charges educational institutions, companies or organizations may incur in connection with their use of the Service, such as taxes, where applicable, and possible transaction fees, will be charged on a one-time payment in exchange for a one-year subscription ("Initial Term"), with a renewal option for successive one-year periods at the end of each year ("Renewal Term"), unless otherwise agreed in writing by Lighthaus and the purchasing educational institution, company or organization. Premium School memberships will be subject to the terms set forth in the issued quotes and invoices. Aspects not contemplated by said documents shall be ruled by these Terms of Service.
Authorization Requests
A request to the issuing bank for either a $0 or a $1 authorization may be sent to verify that the card is issued and the bank will allow it to be authorized. Regardless of whether the authorization is declined or not, the authorization request is reversed immediately. However, even if the bank declines the authorization, you may still see an authorization for $1 on your credit card statement. The important thing to remember is that this is not a charge, and it will disappear, depending on the bank, in anywhere from a few minutes to a few weeks.
A first attempt of a $0 authorization will be done for Visa, MasterCard and American Express. If the $0 authorization fails, a $1 authorization will be attempted. For other credit card companies, a $1 authorization will be the standard request.
Electronic Communications
We will send you information related to your billing (e.g., invoices and expiration notices) in electronic form only, via email to the email address you provided and verified when you signed up.
Receipts
You can download detailed information about past payments on the "Plan" page, including, but not limited to, amount charged, billing address and date paid.
Miscellaneous
Social Media
The Company may, now or in the future, incorporate certain functions that allow you to interact with the Service through your accounts on certain supported third-party services, such as social networks or network storage sites (“Linked Accounts”), “Like” and “Share” buttons, or similar features. If you choose to use such features, you grant the Company permission to access and use your Linked Account for the purpose of processing your requests. Your use of Linked Accounts is subject to the applicable third-party terms.
Indemnity
You will indemnify, defend, and hold the Company, its parent companies, partners, subsidiaries, affiliates, officers, and employees not responsible for damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys' fees) from any claim or demand made by any third party relating to or arising out of (i) your access to, use, or misuse of the Service, (ii) your violation of this Agreement (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations), or (iii) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including in connection with your User Submissions.
Copyright Protection
It is Lighthaus’s policy to respond to notices of alleged copyright infringement that comply with the Directive (EU) 2019/790 on Copyright and Related Rights in the Digital Single Market and the Digital Millennium Copyright Act (“DMCA“). You will find the contact details of our Copyright Agent in the DMCA Designated Agent Directory.
If your copyright-protected work was posted on Lighthaus without authorization, you may submit a copyright infringement notification. You will have to fill it out, sign it and email it to us at privacy@Lighthaus.us. Make sure, however, to consider whether fair use, fair dealing or a similar exception to copyright applies before you submit the form. THESE REQUESTS SHOULD ONLY BE SENT BY THE COPYRIGHT OWNER OR AN AGENT AUTHORIZED TO ACT ON THE OWNER'S BEHALF."
Lighthaus may remove any allegedly infringing content without any liability to the infringing user. Lighthaus will promptly terminate without notice any user’s access to the Service where the user is a “repeat infringer” of copyrights. Lighthaus, however, reserves the right to identify and terminate users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that user.
Third-Party Integrations, Websites and User Interactions
The Service may eventually allow for integrations with third-party apps or tools (e.g., YouTube) to provide certain features and improve your experience when using the Service. As a result, we are obligated to make you aware of certain terms related to the use of such features. YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS APPLICABLE TO THE FOLLOWING THIRD-PARTY SERVICES WHEN USING THEIR RESPECTIVE INTEGRATIONS WITH THE SERVICE:
YouTube's Application Programming Interface ("YouTube API") allows users to access detailed information about YouTube videos from the Lighthaus's Website and browse any video available on the YouTube platform (governed by the YouTube Terms of Service).
Screencastify is a screen recorder for Google Chrome that allows users to record and edit videos which can later be uploaded to Lighthaus (governed by the Screencastify Terms of Use).
Explain Everything is an online interactive whiteboard app that, among others, allows users to screencast and record whiteboard videos. Such videos can be directly shared on Lighthaus through the integration feature (governed by the Explain Everything Terms of Use).
Google Classroom allows educators to manage and assess student progress through an online classroom area (governed by the Google Terms of Service ).
Microsoft Teams is a persistent chat-based collaboration app that helps teams stay organized and complete the experience with document sharing, online meetings, and other related features (governed by the Microsoft Terms of Use ).
Clever is a Single-Sign-On Solution that simplifies the login experience for students and teachers, removing obstacles that hinder the use of technology in the classroom (subject to the Clever Terms of Service ).
Learning Management Systems (LMS) compatible with Lighthaus and used by your educational institution, company or organization shall be ruled by their respective terms of service. Currently compatible LMS Interfaces are Canvas, Schoology, Moodle, Blackboard, PowerSchool, and Blackbaud – click on each provided link to be redirected to applicable terms and policies.
The Service may also contain links to third-party websites that are not owned or controlled by the Company, and include features that allow you to interact and communicate with third parties. When you access third-party websites or interact or communicate with third parties through the Service, you do so at your own risk. The Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites, or which are posted to or through the Service by other users. Your interactions with organizations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.
User disputes: Lighthaus is not responsible for the actions, content, information or data of other third parties, including other users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. We reserve the right, but have no obligation, to become involved in any way with these disputes.
Release: if you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." And, if you are not a California resident, you waive any applicable state statutes to a similar effect.
Modification to Agreement
We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Services. You should check the Agreement regularly. We will post notice of material changes to this Agreement on this page and/or send you written notice via email (using the email address you provided upon signing up for the Services and thereafter verified). Changes will not apply retroactively and will only become effective when (a) you use the Service after you know about the change, or (b) thirty (30) days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Services following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. IF YOU DO NOT AGREE TO THE MODIFIED AGREEMENT, PLEASE DISCONTINUE YOUR USE OF THE SERVICE.
As stated in our Privacy Policy, Lighthaus will not change how Education Records are used or shared under these Terms of Service without advance notice and consent from the competent school or institution.
Termination
This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Service or your account at any time by either accessing your account's settings page or by contacting us at privacy@lighthaus.us. Parents and students should reach out to us through an authorized school official. The Company may suspend or terminate your access to the Service or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), at its sole discretion, and without warning or notice, which may result in the loss of information associated with your account. Upon termination of your account, your right to use the Service will cease immediately. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Dispute Resolution
(A) Generally: in the interest of resolving disputes between you and the Company in the most expedient and cost effective manner, you and the Company agree that any and all disputes arising in connection with these Terms of Service shall be resolved by binding arbitration. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of these Terms of Service and our Privacy Policy, including any other Guidelines and future modifications, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Service. You understand and agree that, by entering into these Terms of Service, you and the Company are each waiving the right to a trial by jury or to participate in a class action.
(B) Exceptions: notwithstanding subsection (A), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
(C) Arbitration: any arbitration between you and the Company will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Company.
(D) Fees: in the event that you commence arbitration in accordance with these Terms of Service, the Company will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such a case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made withi fourteen (14) days of the arbitrator’s ruling on the merits.
(F) No Class Actions: you and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Furthermore, unless both you and the Company 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.
(G) Enforceability: if only Subsection F of this Section or the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue of Long Beach, California, shall govern any action arising out of or related to these Terms of Service.
Legal Disclaimers
We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we do not promise about our Services.
Disclaimer of Warranties
THE SERVICE (AND ANY ASSOCIATED CONTENT OR SOFTWARE) IS PROVIDED ON AN “AS IS” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE Lighthaus TECHNOLOGY, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE AFOREMENTIONED, Lighthaus DOES NOT ACKNOWLEDGE OR AFFIRM THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ERROR FREE OR UNINTERRUPTED, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Lighthaus OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Lighthaus HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE SERVICES, CONTENT, OR USER SUBMISSIONS; OR (iii) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING OTHER USERS.
IN NO EVENT WILL Lighthaus OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO THE COMPANY FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD 100).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.