Lights On Enterprises, LLC Subscription Terms and Conditions for Use

 

Please also see Privacy Policy and Disclaimer

 
These Subscription Terms and Conditions (“Terms of Use”) contain the terms and conditions that govern the access and use of software, products, and/or services (collectively, the “Products”) purchased or accessed from www.PetaKelly.com (the “Website”), and is entered into by you and Lights On Enterprises Pty. Ltd. (“Lights On” or “we,” “us,” or “our,” as applicable). By purchasing these Products, you agree to be bound by these Terms of Use and other applicable Lights On policies. Your subscription and use of the Products may be terminated if you violate these Terms of Use.

  1. Amendment to Terms of Use

We reserve the right to amend these Terms of Use from time to time in our sole discretion, and will post and maintain the most recent version of these Terms of Use on the Website. We may not notify Website visitors of any such amendments by e-mail or other personal contact. You are responsible for reviewing these Terms of Use upon each visit to the Website. By continuing to subscribe and use the Products after revisions to the Terms of Use become effective, you will be deemed to agree to these revisions.

  1. Limited License to Use Products

Lights On offers Products to you through the Website. Except as expressly stated in these Terms of Use, the Website and any Products, materials, information, contents, features, and functionality available on the Website including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, the “Materials”), are owned by us, our licensors, vendors, and affiliates, or other providers of such material. The Materials are and shall remain the property of Lights On and/or its licensors, vendors, and affiliates. The Materials are protected by United States and international copyright, trademark, and/or other intellectual property or proprietary rights laws.

Grant

Subject to your continued compliance with these Terms of Use, including the timely payment of all applicable fees, you are granted a limited, personal, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use Products made available on the Website for educational purposes only. Products include both text-based and multimedia (downloadable and/or streaming audio and/or video) content. With respect to downloadable Products, you are licensed to download one copy of such Products on any single computer for personal, noncommercial use, as long as all copyright and other proprietary notices remain intact and are prominently displayed (“Downloaded Content”). You may download and store the Downloaded Content to a storage device under your exclusive control solely (i) to display internally and non-publicly such Downloaded Content, or (ii) to print out such Downloaded Content for personal educational use only. With respect to streaming Products, you are licensed to present audibly and/or visibly the audio and/or video signal on any single computer contemporaneous with the transmission of the streaming Products from the Website and only for individuals authorized to access and use such Products under this or a similar agreement. You may not make local copies of streaming Products or otherwise retransmit such Products.

Limitations

You may not make available any Products to any third party for commercial purposes or use the Products in any other media. You may not alter or modify Products in any way. You may not copy, download, scrape, store, publish, transmit, retransmit, distribute, broadcast, circulate, transfer, sell, resell, republish, upload, distribute, or otherwise use Products, or any portion of Products, in any form or by any means, except (i) as expressly permitted by these Terms of Use, or (ii) with Lights On’s prior written permission. You shall not sell, license, or distribute Products (including Downloaded Content) to third parties or use Products as a component of, or as a basis for, any material offered for sale, license, or distribution.

  1. Your Representations and Warranties

You represent and warrant that (a) your use of the Products is legal in, and does not violate any laws, rules, or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website; (b) the information you provide to us is correct; (c) you have the legal right and ability to enter into these Terms of Use and to use the Products in accordance with these Terms of Use; and (d) your use of the Products shall be in accordance with these Terms of Use, other applicable Lights On policies, and all applicable laws, rules or regulations.

  1. Our Representations and Warranties

We make no representation or warranty of any kind with respect to the Products. Your use of the Products is at your own and sole risk. We attempt to provide accurate information, but we assume no responsibility for errors or omissions in the content of the Products. Your sole and exclusive remedy for issues relating to the use of, or the content provided in, the Products shall be to discontinue using and accessing the Products.

  1. Term and Termination

These Terms of Use will commence upon your subscription/purchase of a product and continue for the period specified at purchase, or if no such period is specified, until terminated by you or Lights On (“Subscription Term”).

Lights On reserves the right to suspend or terminate the Products, and to take such defensive action as may, in our sole discretion, be deemed necessary, in the event of any violation of these Terms of Use or any other applicable Lights On policy. Furthermore, Lights On may investigate civil and/or criminal proceedings as appropriate against the perpetrators of such action.

Either you or Lights On may terminate these Terms of Use upon notice to the other party. Lights On may terminate these Terms of Use upon any failure by you to timely pay fees owed to Lights On. Upon termination of these Terms of Use for any reason, (i) you will have no further rights to access or use the Products; (ii) you will, within 5 days of termination, destroy all copies of the Products in your possession or created through your subscription; and (iii) if requested by us, you will promptly provide us with a written statement certifying that all copies of the Products have been destroyed.

  1. Accessing the Website and Products

You are responsible for making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Products through your internet connection are aware of these Terms of Use and comply with them. You agree that all information you provide to Lights On, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We reserve the right to withdraw or amend the Website, and any Products, service, or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

If you terminate these Terms of Use more than twenty-one days after commencement of the Subscription Term, Lights On may, in its sole discretion, refund some or all of the fees paid by you for access to, and use of, the Products.

  1. Indemnification

You will indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, representatives, successors, and assigns harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and court costs) (collectively, “Losses”) that constitute, or arise out of or in connection with (a) your failure to comply with any of these Terms of Use or (b) your use of the Products. These defense and indemnification obligations will survive these Terms of Use and your use of the Products. We have no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms of Use or the Products.

  1. Release, Disclaimer and Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE US, OUR SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, COUNSEL, INSURERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH OF THE FOREGOING (COLLECTIVELY, THE “LIGHTS ON PARTIES”) FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) THAT CONSTITUTE, RELATE TO, OR ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, (I) YOUR ACCESS TO AND/OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, OR (II) THE USE OF ANY INFORMATION OR MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND ALL SERVICES OF LIGHTS ON ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, OUR CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED DOLLARS).

  1. Governing Law; Dispute Resolution

These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the state of Arizona, without regard to conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any cause of action by you with respect to the Website (including, but not limited to, these Terms of Use) must be instituted within one year after the cause of action arose or be forever waived and barred. You agree that any claim or dispute you may have against Lights On arising out of or related to use of the Website or the Products must be resolved exclusively by a state or federal court located in Arizona. You agree to submit to the personal jurisdiction of the courts located within Arizona for the purpose of litigating all such claims or disputes.

  1. Severability

If any part of these Terms of Use is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms. Headings are for reference purposes only and do not limit the scope or extent of such section.

  1. Copyright Infringement Notice and Procedure

If you believe that content included in the Products infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

By mail:
Lights On Enterprises LLC
9393 N 90th Street
Suite #102 #530
Scottsdale, AZ 85258

By Email: mail@petakelly.com

  1. All Rights Reserved

The Website and related materials are the proprietary property of Lights On. No right or license in or to any portion of the Website or the Materials is granted to you except as expressly stated herein.

 


 

Lights On Enterprises, LLC Terms and Conditions for The Hexagon™

 

Please also see Privacy Policy and Disclaimer

 
These Subscription Terms and Conditions (“Terms of Use”) contain the terms and conditions that govern the access and use of software, products, and/or services (collectively, the “Products”) purchased or accessed from www.PetaKelly.com (the “Website”), and is entered into by you and Lights On Enterprises Pty. Ltd. (“Lights On” or “we,” “us,” or “our,” as applicable). By purchasing these Products, you agree to be bound by these Terms of Use and other applicable Lights On policies. Your subscription and use of the Products may be terminated if you violate these Terms of Use.

  1. Amendment to Terms of Use

We reserve the right to amend these Terms of Use from time to time in our sole discretion, and will post and maintain the most recent version of these Terms of Use on the Website. We may not notify Website visitors of any such amendments by e-mail or other personal contact. You are responsible for reviewing these Terms of Use upon each visit to the Website. By continuing to subscribe and use the Products after revisions to the Terms of Use become effective, you will be deemed to agree to these revisions.

  1. Limited License to Use Products

Lights On offers Products to you through the Website. Except as expressly stated in these Terms of Use, the Website and any Products, materials, information, contents, features, and functionality available on the Website including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, the “Materials”), are owned by us, our licensors, vendors, and affiliates, or other providers of such material. The Materials are and shall remain the property of Lights On and/or its licensors, vendors, and affiliates. The Materials are protected by United States and international copyright, trademark, and/or other intellectual property or proprietary rights laws.

Grant

Subject to your continued compliance with these Terms of Use, including the timely payment of all applicable fees, you are granted a limited, personal, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use Products made available on the Website for educational purposes only. Products include both text-based and multimedia (downloadable and/or streaming audio and/or video) content. With respect to downloadable Products, you are licensed to download one copy of such Products on any single computer for personal, noncommercial use, as long as all copyright and other proprietary notices remain intact and are prominently displayed (“Downloaded Content”). You may download and store the Downloaded Content to a storage device under your exclusive control solely (i) to display internally and non-publicly such Downloaded Content, or (ii) to print out such Downloaded Content for personal educational use only. With respect to streaming Products, you are licensed to present audibly and/or visibly the audio and/or video signal on any single computer contemporaneous with the transmission of the streaming Products from the Website and only for individuals authorized to access and use such Products under this or a similar agreement. You may not make local copies of streaming Products or otherwise retransmit such Products.

Limitations

You may not make available any Products to any third party for commercial purposes or use the Products in any other media. You may not alter or modify Products in any way. You may not copy, download, scrape, store, publish, transmit, retransmit, distribute, broadcast, circulate, transfer, sell, resell, republish, upload, distribute, or otherwise use Products, or any portion of Products, in any form or by any means, except (i) as expressly permitted by these Terms of Use, or (ii) with Lights On’s prior written permission. You shall not sell, license, or distribute Products (including Downloaded Content) to third parties or use Products as a component of, or as a basis for, any material offered for sale, license, or distribution.

  1. Your Representations and Warranties

You represent and warrant that (a) your use of the Products is legal in, and does not violate any laws, rules, or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website; (b) the information you provide to us is correct; (c) you have the legal right and ability to enter into these Terms of Use and to use the Products in accordance with these Terms of Use; and (d) your use of the Products shall be in accordance with these Terms of Use, other applicable Lights On policies, and all applicable laws, rules or regulations.

  1. Our Representations and Warranties

We make no representation or warranty of any kind with respect to the Products. Your use of the Products is at your own and sole risk. We attempt to provide accurate information, but we assume no responsibility for errors or omissions in the content of the Products. Your sole and exclusive remedy for issues relating to the use of, or the content provided in, the Products shall be to discontinue using and accessing the Products.

  1. Term and Termination

The Hexagon™ a self-guided program, paid in full one time before you begin it. If you decide it is not for you during the program, we do not guarantee a refund.

These Terms of Use will commence upon your purchase of a product/subscription and continue for the period specified at purchase, or if no such period is specified, until terminated by you or Lights On.

Lights On reserves the right to suspend or terminate the Products, and to take such defensive action as may, in our sole discretion, be deemed necessary, in the event of any violation of these Terms of Use or any other applicable Lights On policy. Furthermore, Lights On may investigate civil and/or criminal proceedings as appropriate against the perpetrators of such action.

Either you or Lights On may terminate these Terms of Use upon notice to the other party. Lights On may terminate these Terms of Use upon any failure by you to timely pay fees owed to Lights On. Upon termination of these Terms of Use for any reason, (i) you will have no further rights to access or use the Products; (ii) you will, within 5 days of termination, destroy all copies of the Products in your possession or created through your subscription; and (iii) if requested by us, you will promptly provide us with a written statement certifying that all copies of the Products have been destroyed.

  1. Accessing the Website and Products

You are responsible for making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Products through your internet connection are aware of these Terms of Use and comply with them. You agree that all information you provide to Lights On, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We reserve the right to withdraw or amend the Website, and any Products, service, or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

If you terminate these Terms of Use more than twenty-one days after commencement of the Subscription Term, Lights On may, in its sole discretion, refund some or all of the fees paid by you for access to, and use of, the Products.

  1. Indemnification

You will indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, representatives, successors, and assigns harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and court costs) (collectively, “Losses”) that constitute, or arise out of or in connection with (a) your failure to comply with any of these Terms of Use or (b) your use of the Products. These defense and indemnification obligations will survive these Terms of Use and your use of the Products. We have no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms of Use or the Products.

  1. Release, Disclaimer and Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE US, OUR SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, COUNSEL, INSURERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH OF THE FOREGOING (COLLECTIVELY, THE “LIGHTS ON PARTIES”) FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) THAT CONSTITUTE, RELATE TO, OR ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, (I) YOUR ACCESS TO AND/OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, OR (II) THE USE OF ANY INFORMATION OR MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND ALL SERVICES OF LIGHTS ON ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, OUR CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED DOLLARS).

  1. Governing Law; Dispute Resolution

These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the state of Arizona, without regard to conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any cause of action by you with respect to the Website (including, but not limited to, these Terms of Use) must be instituted within one year after the cause of action arose or be forever waived and barred. You agree that any claim or dispute you may have against Lights On arising out of or related to use of the Website or the Products must be resolved exclusively by a state or federal court located in Arizona. You agree to submit to the personal jurisdiction of the courts located within Arizona for the purpose of litigating all such claims or disputes.

  1. Severability

If any part of these Terms of Use is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms. Headings are for reference purposes only and do not limit the scope or extent of such section.

  1. Copyright Infringement Notice and Procedure

If you believe that content included in the Products infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

By mail:

Lights On Enterprises LLC
9393 N 90th Street
Suite #102 #530
Scottsdale, AZ 85258

By Email: mail@petakelly.com

  1. All Rights Reserved

The Website and related materials are the proprietary property of Lights On. No right or license in or to any portion of the Website or the Materials is granted to you except as expressly stated herein.

 


 

Lights On Enterprises, LLC Terms and Conditions for My Magic Map™

 

Please also see Privacy Policy and Disclaimer

 
These Subscription Terms and Conditions (“Terms of Use”) contain the terms and conditions that govern the access and use of software, products, and/or services (collectively, the “Products”) purchased or accessed from www.PetaKelly.com (the “Website”), and is entered into by you and Lights On Enterprises Pty. Ltd. (“Lights On” or “we,” “us,” or “our,” as applicable). By purchasing these Products, you agree to be bound by these Terms of Use and other applicable Lights On policies. Your subscription and use of the Products may be terminated if you violate these Terms of Use.

  1. Amendment to Terms of Use

We reserve the right to amend these Terms of Use from time to time in our sole discretion, and will post and maintain the most recent version of these Terms of Use on the Website. We may not notify Website visitors of any such amendments by e-mail or other personal contact. You are responsible for reviewing these Terms of Use upon each visit to the Website. By continuing to subscribe and use the Products after revisions to the Terms of Use become effective, you will be deemed to agree to these revisions.

  1. Limited License to Use Products

Lights On offers Products to you through the Website. Except as expressly stated in these Terms of Use, the Website and any Products, materials, information, contents, features, and functionality available on the Website including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, the “Materials”), are owned by us, our licensors, vendors, and affiliates, or other providers of such material. The Materials are and shall remain the property of Lights On and/or its licensors, vendors, and affiliates. The Materials are protected by United States and international copyright, trademark, and/or other intellectual property or proprietary rights laws.

Grant

Subject to your continued compliance with these Terms of Use, including the timely payment of all applicable fees, you are granted a limited, personal, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use Products made available on the Website for educational purposes only. Products include both text-based and multimedia (downloadable and/or streaming audio and/or video) content. With respect to downloadable Products, you are licensed to download one copy of such Products on any single computer for personal, noncommercial use, as long as all copyright and other proprietary notices remain intact and are prominently displayed (“Downloaded Content”). You may download and store the Downloaded Content to a storage device under your exclusive control solely (i) to display internally and non-publicly such Downloaded Content, or (ii) to print out such Downloaded Content for personal educational use only. With respect to streaming Products, you are licensed to present audibly and/or visibly the audio and/or video signal on any single computer contemporaneous with the transmission of the streaming Products from the Website and only for individuals authorized to access and use such Products under this or a similar agreement. You may not make local copies of streaming Products or otherwise retransmit such Products.

Limitations

You may not make available any Products to any third party for commercial purposes or use the Products in any other media. You may not alter or modify Products in any way. You may not copy, download, scrape, store, publish, transmit, retransmit, distribute, broadcast, circulate, transfer, sell, resell, republish, upload, distribute, or otherwise use Products, or any portion of Products, in any form or by any means, except (i) as expressly permitted by these Terms of Use, or (ii) with Lights On’s prior written permission. You shall not sell, license, or distribute Products (including Downloaded Content) to third parties or use Products as a component of, or as a basis for, any material offered for sale, license, or distribution.

  1. Your Representations and Warranties

You represent and warrant that (a) your use of the Products is legal in, and does not violate any laws, rules, or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website; (b) the information you provide to us is correct; (c) you have the legal right and ability to enter into these Terms of Use and to use the Products in accordance with these Terms of Use; and (d) your use of the Products shall be in accordance with these Terms of Use, other applicable Lights On policies, and all applicable laws, rules or regulations.

  1. Our Representations and Warranties

We make no representation or warranty of any kind with respect to the Products. Your use of the Products is at your own and sole risk. We attempt to provide accurate information, but we assume no responsibility for errors or omissions in the content of the Products. Your sole and exclusive remedy for issues relating to the use of, or the content provided in, the Products shall be to discontinue using and accessing the Products.

  1. Term and Termination

My Magic Map™ is a self-guided program, paid in full one-time before you begin it. If you decide it is not for you during the program, we do not guarantee a refund.

These Terms of Use will commence upon your subscription/purchase of a product and continue for the period specified at purchase, or if no such period is specified, until terminated by you or Lights On (“Subscription Term”).

Lights On reserves the right to suspend or terminate the Products, and to take such defensive action as may, in our sole discretion, be deemed necessary, in the event of any violation of these Terms of Use or any other applicable Lights On policy. Furthermore, Lights On may investigate civil and/or criminal proceedings as appropriate against the perpetrators of such action.

Either you or Lights On may terminate these Terms of Use upon notice to the other party. Lights On may terminate these Terms of Use upon any failure by you to timely pay fees owed to Lights On. Upon termination of these Terms of Use for any reason, (i) you will have no further rights to access or use the Products; (ii) you will, within 5 days of termination, destroy all copies of the Products in your possession or created through your subscription; and (iii) if requested by us, you will promptly provide us with a written statement certifying that all copies of the Products have been destroyed.

  1. Accessing the Website and Products

You are responsible for making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Products through your internet connection are aware of these Terms of Use and comply with them. You agree that all information you provide to Lights On, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We reserve the right to withdraw or amend the Website, and any Products, service, or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

If you terminate these Terms of Use more than twenty-one days after commencement of the Subscription Term, Lights On may, in its sole discretion, refund some or all of the fees paid by you for access to, and use of, the Products.

  1. Indemnification

You will indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, representatives, successors, and assigns harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and court costs) (collectively, “Losses”) that constitute, or arise out of or in connection with (a) your failure to comply with any of these Terms of Use or (b) your use of the Products. These defense and indemnification obligations will survive these Terms of Use and your use of the Products. We have no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms of Use or the Products.

  1. Release, Disclaimer and Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE US, OUR SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, COUNSEL, INSURERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH OF THE FOREGOING (COLLECTIVELY, THE “LIGHTS ON PARTIES”) FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) THAT CONSTITUTE, RELATE TO, OR ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, (I) YOUR ACCESS TO AND/OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, OR (II) THE USE OF ANY INFORMATION OR MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND ALL SERVICES OF LIGHTS ON ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, OUR CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED DOLLARS).

  1. Governing Law; Dispute Resolution

These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the state of Arizona, without regard to conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any cause of action by you with respect to the Website (including, but not limited to, these Terms of Use) must be instituted within one year after the cause of action arose or be forever waived and barred. You agree that any claim or dispute you may have against Lights On arising out of or related to use of the Website or the Products must be resolved exclusively by a state or federal court located in Arizona. You agree to submit to the personal jurisdiction of the courts located within Arizona for the purpose of litigating all such claims or disputes.

  1. Severability

If any part of these Terms of Use is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms. Headings are for reference purposes only and do not limit the scope or extent of such section.

  1. Copyright Infringement Notice and Procedure

If you believe that content included in the Products infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

By mail:

Lights On Enterprises LLC
9393 N 90th Street
Suite #102 #530
Scottsdale, AZ 85258

By Email: mail@petakelly.com

  1. All Rights Reserved

The Website and related materials are the proprietary property of Lights On. No right or license in or to any portion of the Website or the Materials is granted to you except as expressly stated herein.

 


 

Lights On Enterprises, LLC Terms and Conditions for Let It Rip Launchpad™

 

Please also see Privacy Policy and Disclaimer

 These Subscription Terms and Conditions (“Terms of Use”) contain the terms and conditions that govern the access and use of software, products, and/or services (collectively, the “Products”) purchased or accessed from www.PetaKelly.com (the “Website”), and is entered into by you and Lights On Enterprises Pty. Ltd. (“Lights On” or “we,” “us,” or “our,” as applicable). By purchasing these Products, you agree to be bound by these Terms of Use and other applicable Lights On policies. Your subscription and use of the Products may be terminated if you violate these Terms of Use.

  1. Amendment to Terms of Use

We reserve the right to amend these Terms of Use from time to time in our sole discretion, and will post and maintain the most recent version of these Terms of Use on the Website. We may not notify Website visitors of any such amendments by e-mail or other personal contact. You are responsible for reviewing these Terms of Use upon each visit to the Website. By continuing to subscribe and use the Products after revisions to the Terms of Use become effective, you will be deemed to agree to these revisions.

  1. Limited License to Use Products

Lights On offers Products to you through the Website. Except as expressly stated in these Terms of Use, the Website and any Products, materials, information, contents, features, and functionality available on the Website including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, the “Materials”), are owned by us, our licensors, vendors, and affiliates, or other providers of such material. The Materials are and shall remain the property of Lights On and/or its licensors, vendors, and affiliates. The Materials are protected by United States and international copyright, trademark, and/or other intellectual property or proprietary rights laws.

Grant

Subject to your continued compliance with these Terms of Use, including the timely payment of all applicable fees, you are granted a limited, personal, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use Products made available on the Website for educational purposes only. Products include both text-based and multimedia (downloadable and/or streaming audio and/or video) content. With respect to downloadable Products, you are licensed to download one copy of such Products on any single computer for personal, noncommercial use, as long as all copyright and other proprietary notices remain intact and are prominently displayed (“Downloaded Content”). You may download and store the Downloaded Content to a storage device under your exclusive control solely (i) to display internally and non-publicly such Downloaded Content, or (ii) to print out such Downloaded Content for personal educational use only. With respect to streaming Products, you are licensed to present audibly and/or visibly the audio and/or video signal on any single computer contemporaneous with the transmission of the streaming Products from the Website and only for individuals authorized to access and use such Products under this or a similar agreement. You may not make local copies of streaming Products or otherwise retransmit such Products.

Limitations

You may not make available any Products to any third party for commercial purposes or use the Products in any other media. You may not alter or modify Products in any way. You may not copy, download, scrape, store, publish, transmit, retransmit, distribute, broadcast, circulate, transfer, sell, resell, republish, upload, distribute, or otherwise use Products, or any portion of Products, in any form or by any means, except (i) as expressly permitted by these Terms of Use, or (ii) with Lights On’s prior written permission. You shall not sell, license, or distribute Products (including Downloaded Content) to third parties or use Products as a component of, or as a basis for, any material offered for sale, license, or distribution.

  1. Your Representations and Warranties

You represent and warrant that (a) your use of the Products is legal in, and does not violate any laws, rules, or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website; (b) the information you provide to us is correct; (c) you have the legal right and ability to enter into these Terms of Use and to use the Products in accordance with these Terms of Use; and (d) your use of the Products shall be in accordance with these Terms of Use, other applicable Lights On policies, and all applicable laws, rules or regulations.

  1. Our Representations and Warranties

We make no representation or warranty of any kind with respect to the Products. Your use of the Products is at your own and sole risk. We attempt to provide accurate information, but we assume no responsibility for errors or omissions in the content of the Products. Your sole and exclusive remedy for issues relating to the use of, or the content provided in, the Products shall be to discontinue using and accessing the Products.

  1. Term and Termination

Let It Rip Launchpad™ is a self-guided 5-module program, paid in full one-time before you begin it. If you decide it is not for you during the program, we do not guarantee a refund.

These Terms of Use will commence upon your subscription/purchase of a product and continue for the period specified at purchase, or if no such period is specified, until terminated by you or Lights On (“Subscription Term”).

Lights On reserves the right to suspend or terminate the Products, and to take such defensive action as may, in our sole discretion, be deemed necessary, in the event of any violation of these Terms of Use or any other applicable Lights On policy. Furthermore, Lights On may investigate civil and/or criminal proceedings as appropriate against the perpetrators of such action.

Either you or Lights On may terminate these Terms of Use upon notice to the other party. Lights On may terminate these Terms of Use upon any failure by you to timely pay fees owed to Lights On. Upon termination of these Terms of Use for any reason, (i) you will have no further rights to access or use the Products; (ii) you will, within 5 days of termination, destroy all copies of the Products in your possession or created through your subscription; and (iii) if requested by us, you will promptly provide us with a written statement certifying that all copies of the Products have been destroyed.

  1. Accessing the Website and Products

You are responsible for making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Products through your internet connection are aware of these Terms of Use and comply with them. You agree that all information you provide to Lights On, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We reserve the right to withdraw or amend the Website, and any Products, service, or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

If you terminate these Terms of Use more than twenty-one days after commencement of the Subscription Term, Lights On may, in its sole discretion, refund some or all of the fees paid by you for access to, and use of, the Products.

  1. Indemnification

You will indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, representatives, successors, and assigns harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and court costs) (collectively, “Losses”) that constitute, or arise out of or in connection with (a) your failure to comply with any of these Terms of Use or (b) your use of the Products. These defense and indemnification obligations will survive these Terms of Use and your use of the Products. We have no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms of Use or the Products.

  1. Release, Disclaimer and Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE US, OUR SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, COUNSEL, INSURERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH OF THE FOREGOING (COLLECTIVELY, THE “LIGHTS ON PARTIES”) FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) THAT CONSTITUTE, RELATE TO, OR ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, (I) YOUR ACCESS TO AND/OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, OR (II) THE USE OF ANY INFORMATION OR MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND ALL SERVICES OF LIGHTS ON ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, OUR CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED DOLLARS).

  1. Governing Law; Dispute Resolution

These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the state of Arizona, without regard to conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any cause of action by you with respect to the Website (including, but not limited to, these Terms of Use) must be instituted within one year after the cause of action arose or be forever waived and barred. You agree that any claim or dispute you may have against Lights On arising out of or related to use of the Website or the Products must be resolved exclusively by a state or federal court located in Arizona. You agree to submit to the personal jurisdiction of the courts located within Arizona for the purpose of litigating all such claims or disputes.

  1. Severability

If any part of these Terms of Use is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms. Headings are for reference purposes only and do not limit the scope or extent of such section.

  1. Copyright Infringement Notice and Procedure

If you believe that content included in the Products infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

By mail:

Lights On Enterprises LLC
9393 N 90th Street
Suite #102 #530
Scottsdale, AZ 85258

By Email: mail@petakelly.com

  1. All Rights Reserved

The Website and related materials are the proprietary property of Lights On. No right or license in or to any portion of the Website or the Materials is granted to you except as expressly stated herein.

 

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