Terms of Service Agreement

1. AGREEMENT TO TERMS & AFFIRMATIVE CLICKWRAP ASSENT

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”) and nlightn LLC (“Company”, “we”, “us”, or “our”), concerning your access to and use of the nlightn.me website as well as any other media form, media channel, mobile website, web application, API, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” or “Service”).

Affirmative Mutual Assent

You agree that by clicking “I Agree”, “Sign Up”, “Register”, “Submit”, “Complete Order”, or by accessing, browsing, or utilizing the Site in any manner following the conspicuous presentation of a hyperlink to these Terms, you, including any artificial intelligence or automated system acting on your behalf, have read, understood, and agreed to be bound by all of these Terms of Use. This agreement satisfies all requirements for electronic contract formation under the Federal Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. § 7001 et seq.), the Uniform Electronic Transactions Act (UETA), the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.), and conforms strictly to the affirmative contractual assent standards established by the United States Court of Appeals for the Ninth Circuit in Berman v. Freedom Financial Network, LLC, 30 F.4th 849 (9th Cir. 2022) and Sellers v. JustAnswer LLC, 73 Cal. App. 5th 444 (2021).

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTERIM OPERATIONAL POSTURE & MANDATORY 60-DAY PRE-DISPUTE NOTICE-AND-CURE SAFE HARBOR

A. Interim Engineering Architecture & Active Compliance Harmonization

The Site, its software codebases, third-party libraries, network infrastructure, and database schemas are maintained under an ongoing agile engineering and compliance harmonization program. As federal, state, and international data privacy, electronic wiretapping, child safety, subscription renewal, and synthetic media statutes undergo rapid legislative and judicial transformation, the Company continuously audits and standardizes its systems against emerging requirements (including but not limited to California CIPA § 631 and § 638.51, California ARL AB 2863, California Honest Pricing SB 478, California AI Transparency SB 942, Washington MHMDA, and FTC regulations).

B. Mandatory 60-Day Pre-Dispute Notice-and-Cure Condition Precedent

As a material inducement to Company making the Site accessible to you, and to the maximum extent permitted by applicable law, you expressly covenant and agree that prior to asserting, serving, or filing any formal legal claim, arbitration demand, statutory notice of violation, administrative complaint, or civil lawsuit against Company, Bryan Jones, or its affiliates alleging non-compliance with any statutory requirement (including claims under state wiretap statutes, privacy acts, automatic renewal laws, spam statutes, or consumer protection acts), you MUST strictly satisfy the following mandatory condition precedent:

3. PROPRIETARY RIGHTS & BRYAN JONES INTELLECTUAL PROPERTY COVENANT

4. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

5. USER REPRESENTATIONS, AGE ASSURANCE & MINOR ACCESS INDEMNIFICATION (COPPA & CA AADC SHIELD)

A. General User Representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

B. Statutory Age Representation Under Penalty of Perjury

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

By creating an account, accessing, or using the Site, you further represent and warrant under penalty of perjury that: (1) you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction; OR (2) if you are between the ages of 13 and 17, your parent or court-appointed legal guardian has thoroughly reviewed, approved, and executed these Terms on your behalf. Children under 13 years of age are strictly prohibited from creating accounts, browsing, or submitting personal information.

6. USER REGISTRATION & SECURITY

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

7. PROHIBITED ACTIVITIES & AI SCRAPING RESTRICTIONS

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
6. 5.1 Hate Speech & Discriminatory Use: The user agrees not to use the Service for any purpose that is discriminatory or hateful, including but not limited to promoting violence, hatred, or intolerance. The user also agrees to take reasonable steps to prevent the use of the Service by hate groups or white supremacists. If the user violates any of these terms, the Company may terminate this Agreement immediately.
7. Make improper use of our support services or submit false reports of abuse or misconduct.
8. Use the Site in a manner inconsistent with any applicable laws or regulations.
9. Use the Site to advertise or offer to sell goods and services.
10. Engage in unauthorized framing of or linking to the Site.
11. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
12. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
13. Delete the copyright or other proprietary rights notice from any Content.
14. Attempt to impersonate another user or person or use the username of another user.
15. Sell or otherwise transfer your profile.
16. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
17. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
18. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
19. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
20. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, WebAssembly, or other code.
21. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
23. Use a buying agent or purchasing agent to make purchases on the Site.
24. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
25. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
26. Artificial Intelligence Training Prohibition: You may not use, access, copy, scrape, store, or otherwise utilize any content from this website, including but not limited to text, images, code, audio, vector graphics, structural schemas, or video, for the purposes of training, fine-tuning, evaluating, or developing machine learning models or artificial intelligence systems, without prior express written consent from Bryan Jones. This restriction applies to all automated systems, crawlers, or scrapers, regardless of whether access is public or programmatically derived. Any unauthorized use of the content for AI training constitutes a violation of these Terms of Use and may result in legal action.

8. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

9. USER-GENERATED MEDIA, PHOTOGRAPHS & STRICT COPYRIGHT INDEMNIFICATION (17 U.S.C. § 512 & § 504 SAFE HARBOR BRIDGE)

You expressly acknowledge that under 17 U.S.C. § 504(c), every single unauthorized copyrighted photograph, image, or media work uploaded constitutes an independent, separate statutory occurrence carrying statutory damages ranging from $750 up to $30,000 per work, and up to $150,000 per work for willful infringement (Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340).

10. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

11. GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

12. MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

13. SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

14. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

15. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

16. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

17. PRIVACY POLICY & CROSS-BORDER DATA TRANSFERS

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

18. EXPRESS CONSENT TO NETWORK TRANSMISSIONS, ASSET ROUTING, FONTS & DIAGNOSTIC TELEMETRY (CIPA § 631, § 638.51 & MUNICH RULING CONSENT SHIELD)

A. Advance Statutory Consent to IP Routing & Asset Infrastructure

You acknowledge that the technical delivery of web pages, user interfaces, stylesheets, and typographic characters requires the automated transmission of standard Internet Protocol (IP) communication packets between your client browser and internet servers, domain name servers (DNS), content delivery networks (CDNs), and cloud hosting facilities.

Pursuant to the California Invasion of Privacy Act (Cal. Penal Code § 631(a) and § 638.51), the Federal Electronic Communications Privacy Act (18 U.S.C. § 2511), the Pennsylvania Wiretap Act, the Florida Security of Communications Act, and the General Data Protection Regulation (GDPR), YOU EXPRESSLY, AFFIRMATIVELY, AND KNOWINGLY GRANT PRIOR WRITTEN CONSENT to the transmission, routing, and processing of your IP address, HTTP headers, referrer URLs, and browser user-agent strings to our local servers and authorized cloud infrastructure providers for the sole and necessary technical purpose of establishing communication, preventing Distributed Denial of Service (DDoS) attacks, resolving typography, and rendering user interfaces.

B. Waiver of Pen Register & Trap-and-Trace Theories

You agree that the automated technical transmission of your IP address or client metadata to cloud networks or font endpoints (whether self-hosted or distributed) does NOT constitute the installation or operation of an unlawful “pen register” or “trap and trace device” under Cal. Penal Code § 638.51 or Greenley v. Kochava, Inc. (S.D. Cal. 2023), nor does it constitute an unauthorized transfer of personal data under Munich Regional Court (Landgericht München I, 3 O 17493/20). To the maximum extent permitted by law, you waive any private right of action, statutory claim, or class claim asserting statutory damages ($5,000 per visitor) predicated on standard HTTP client-server handshakes.

C. Operational Telemetry & Session Diagnostics Consent

To detect rendering glitches, state synchronization failures, input latency, and client-side crashes, the Site may utilize operational diagnostics, error logging, and performance telemetry scripts. You grant express bilateral written consent under Cal. Penal Code § 631 and all wiretap statutes to such operational monitoring. The Company implements strict client-side masking (data-private="true" and input obfuscation) to shield sensitive form fields and passwords from recording. You agree that temporary diagnostic logging of interface responsiveness does not constitute unlawful wiretapping, eavesdropping, or keystroke interception under Javier v. Assurance IQ, LLC (9th Cir. 2022) or related state authorities.

19. SUBSCRIPTION TERMS, CONTINUOUS SERVICE & AUTOMATIC RENEWAL ASSENT (CALIFORNIA AB 2863 & FTC NEGATIVE OPTION SHIELD)

A. Advance Authorization for Continuous Service

If you purchase a paid subscription, recurring membership, or continuous access service on or through the Site: (1) Recurring Billing Disclosure: You acknowledge and agree that your subscription has an initial and recurring payment feature, and you accept financial responsibility for all recurring charges prior to cancellation. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE SPECIFIED INTERVAL AND YOUR PAYMENT METHOD ON FILE WILL BE AUTOMATICALLY CHARGED THE THEN-CURRENT RECURRING RATE UNTIL YOU AFFIRMATIVELY CANCEL; (2) Immediate Adjacency & Notice: The recurring price, billing cadence, trial period duration, and cancellation instructions are presented clearly immediately adjacent to the final purchase confirmation control, in full compliance with Cal. Bus. & Prof. Code §§ 17600–17606 (AB 2863 Click-to-Cancel), FTC Negative Option Rule (16 C.F.R. Part 425), and ROSCA (15 U.S.C. §§ 8401–8405).

B. Self-Service Cancellation Mechanism

You may cancel your subscription at any time, without fee or penalty, through our online self-service cancellation mechanism located in your Account Settings > Billing & Subscriptions, or by sending a written notice to billing@nlightn.me or contact@nlightn.me with the subject line “CANCEL SUBSCRIPTION”.

20. COMMERCIAL COMMUNICATIONS, TRANSACTIONAL NOTICES & CAN-SPAM OPT-OUT (15 U.S.C. § 7704 & CAL. BPC § 17529.5 SHIELD)

By registering an account or providing an email address or mobile number, you expressly consent to receive electronic communications regarding account security, transactional receipts, billing notifications, system outages, and administrative updates. Promotional messages will include Company's physical postal address, a functioning unsubscribe mechanism conforming to CAN-SPAM and Cal. BPC § 17529.5, and machine-readable RFC 8058 one-click unsubscribe MIME headers. Company shall have ten (10) business days from receipt of an opt-out request to process suppression.

21. CONSUMER HEALTH DATA & BIOMETRIC SENSITIVITY RESTRICTIONS (WASHINGTON MHMDA & ILLINOIS BIPA SHIELD)

The Company does NOT collect, solicit, process, or sell “Consumer Health Data” as defined under the Washington My Health My Data Act (RCW 19.373 et seq.), Nevada SB 370, or Connecticut PA 23-56. The Company does NOT collect, capture, purchase, or store biometric identifiers or biometric information (retinal scans, fingerprints, voiceprints, or scans of hand/face geometry) governed by the Illinois Biometric Information Privacy Act (BIPA, 740 ILCS 14/1 et seq.). You are strictly prohibited from uploading any health or biometric data to the Site.

22. DIGITAL ACCESSIBILITY & MANDATORY 90-DAY PRE-LITIGATION NOTICE-AND-CURE (ADA TITLE III & UNRUH ACT SHIELD)

23. COPYRIGHT INFRINGEMENTS & FORMAL DMCA TAKEDOWN PROCEDURE

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the statutory notice procedure below (a “Notification” pursuant to 17 U.S.C. § 512(c)(3)). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including court costs and attorneys' fees.

24. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

25. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

26. GOVERNING LAW & JURISDICTION

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Kansas applicable to agreements made and to be entirely performed within the State of Kansas, without regard to its conflict of law principles.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is expressly excluded from these Terms of Use.

27. DISPUTE RESOLUTION: INFORMAL NEGOTIATIONS, BINDING ARBITRATION, MASS ARBITRATION & CLASS ACTION WAIVER

A. Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least **ninety (90) days** before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party, satisfying the Notice of Alleged Statutory Defect procedure set forth in Section 2.

B. Binding Individual Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at www.adr.org. The arbitration shall take place in Shawnee County, State of Kansas. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Shawnee County, Kansas.

C. Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

D. Mass Arbitration Protocol & Batching Framework

If twenty-five (25) or more similar arbitration demands are asserted against Company by or with the assistance of the same law firm or coordinated legal counsel within a ninety-day window, the claims shall be grouped into staged batches of twenty-five (25) claims per batch, resolved sequentially with all remaining claims stayed and tolling applicable statutes of limitations.

E. One-Year Contractual Limitation Period

IN NO EVENT SHALL ANY DISPUTE BROUGHT BY EITHER PARTY RELATED IN ANY WAY TO THE SITE BE COMMENCED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE.

28. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

29. DISCLAIMER OF WARRANTIES

30. LIMITATIONS OF LIABILITY & STATUTORY DAMAGE CAP

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

31. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, regulatory penalty, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions, media, photographs, and user uploads; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use (including age, minor access, and copyright ownership); (5) your violation of the rights of a third party, including but not limited to intellectual property rights, privacy rights, or publicity rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

32. USER DATA & BACKUPS

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

33. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

34. CALIFORNIA USERS AND RESIDENTS (CAL. CIV. CODE § 1789.3)

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

35. PURCHASED CONTENT & BIOLOGICAL MATERIAL RESTRICTIONS

When you buy a product you are buying just the product, you do not own any or the genetic material or fingerprints used in the production of products or distribution. You may not scan, direct, copy, replicate, upload, scan, sequence, or transfer any genetic material found on products.

36. MISCELLANEOUS, SEVERABILITY & BLUE-PENCIL REFORMATION

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

We are not responsible if information made available on this site is not accurate, complete or current. The information and material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

37. CONTACT US & DESIGNATED STATUTORY AGENT

In order to resolve a complaint regarding the Site, submit a Notice of Alleged Statutory Defect, or to receive further information regarding use of the Site, please contact us at: