Welcome to Lighthouse Alerts! By accessing and using our website and platform, you agree to comply with and be bound by the following Terms of Use. These terms govern your use of our services, and by using our website and platform, you acknowledge that you have read, understood, and agree to be legally bound by these terms. If you do not agree to these terms, then you should not use our services.

We look forward to providing you with reliable and comprehensive monitoring services.

Lighthouse Alerts Terms of Use

Last update: August 8, 2024

1. Introduction

1.1 Overview of the Terms of Use

These Terms of Use (“Terms”) govern your use of our website and platform, including all related tools, applications, data, software, and services (collectively, the “Services”) provided by Lighthouse Alerts (“we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference into these Terms.

1.2 Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Services.

1.3 Modifications to Terms

Lighthouse Alerts reserves the right to modify, amend, or update these Terms at any time. We will notify you of any changes by posting the revised Terms on our website and updating the “Last Updated” date at the top of the Terms. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Services after the posting of any modifications constitutes acceptance of those changes.

2. Services Provided

2.1 Description of Services

Our Services include, but are not limited to, monitoring website uptimes, server connectivity, and various Internet services and sending alert upon conditions set by you.

2.2 Service Availability

We strive to maintain the availability and reliability of our Services. However, we do not guarantee that the Services will be available at all times without interruption. Scheduled maintenance, upgrades, and unforeseen technical issues may occasionally result in temporary service interruptions. We will make reasonable efforts to notify you of any significant disruptions.

2.3 Service Limitations

While Lighthouse Alerts aims to provide accurate and timely monitoring, there are limitations to our Services. We are not responsible for any failures to detect issues or for any delays in alerts due to factors beyond our control, including, but not limited to, Internet connectivity issues, third-party service disruptions, or user configuration errors. It is your responsibility to ensure that your contact information and alert settings are accurate and up to date.

3. User Accounts

3.1 Account Creation

To access and use certain features of our Services, you must create an account. During the registration process, you will be required to provide accurate and complete information, including a valid email address and other necessary details. You agree to update your information promptly to ensure it remains accurate and complete.

3.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You are responsible for all activities that occur under your account, whether or not you authorized them.

3.3 Account Security

Lighthouse Alerts implements reasonable security measures to protect your account information. However, we cannot guarantee the absolute security of your account. You are responsible for taking appropriate steps to protect your account, such as using a strong password, regularly updating your password, and not entering sensitive and/or private information into our Service. Lighthouse Alerts will not be liable for any loss or damage arising from your failure to comply with these security obligations.

By creating and maintaining an account with Lighthouse Alerts, you agree to adhere to these responsibilities and take the necessary measures to ensure the security of your account.

4. User Conduct

4.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities while using Lighthouse Alerts Services:

Using the Services for any unlawful purpose or to promote any illegal activities.
Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services.
Uploading or transmitting (or attempting to upload or to transmit) viruses, worms, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services.
Using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Lighthouse Alerts servers than a human can reasonably produce in the same period by using a conventional online web browser.
Attempting to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services through hacking, password mining, or any other means.
Harassing, abusing, or harming another person or group, including Lighthouse Alerts employees and other users.
Impersonating another person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Entering a website or server to be monitored by the platform without owning it or having proper authorization from the actual owner. By adding a website or server to be monitored, you confirm that you own or have obtained authorization from the actual owner. Failure to comply with this clause is a direct violation of the Terms and will result in account termination. You assume all legal responsibility for adding websites or servers that you do not control or have authorization to add.
Inviting others to receive alerts without their consent. You must obtain explicit consent from individuals before inviting them to receive alerts through the Lighthouse Alerts Services. Failure to comply with this clause is a direct violation of the Terms and may result in account termination.

4.2 Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Services. Any use of the Services that violates such laws and regulations may result in immediate termination of your account and access to the Services.

4.3 User Content and Submissions

You are solely responsible for any content and other material that you submit, upload, or transmit via the Services (collectively, “User Content”). By submitting User Content, you represent and warrant that:

You own or have the necessary rights to use and authorize Lighthouse Alerts to use all intellectual property rights in and to any User Content.
Your User Content, and the use of your User Content as contemplated by these Terms, does not violate any applicable law or the intellectual property, publicity, privacy, or other rights of any third party.
You will not upload, post, or otherwise make available any content that is illegal, harmful, obscene, defamatory, infringing, or otherwise objectionable.

Lighthouse Alerts reserves the right, but is not obligated, to monitor and review User Content and to remove any content that violates these Terms or is otherwise objectionable in our sole discretion.

By adhering to these guidelines and expectations, you contribute to a positive and respectful environment for all users of Lighthouse Alerts.

5. Payment Terms

5.1 Pricing and Fees

Lighthouse Alerts offers various subscription plans and pricing options for our Services. The fees for each subscription plan are outlined on our website and may be updated from time to time. By selecting a subscription plan, you agree to pay the applicable fees for that plan. All fees are non-refundable, except as expressly stated in these Terms or required by law.

5.2 Payment Methods

We use third-party services to process payments and handle subscriptions. By providing payment information, you authorize us and our third-party payment processors to charge your payment method for the applicable fees. You represent and warrant that you are authorized to use the payment method you provide. You agree to keep your payment information current and up-to-date.

5.3 Billing and Invoicing

Subscription fees are billed in advance on a recurring basis according to the terms of your selected subscription plan. Your subscription will automatically renew at the end of each billing cycle unless you cancel your subscription in accordance with Section 8.1. If we are unable to process your payment, we may suspend or terminate your access to the Services until payment is successfully processed.

5.4 Refund Policy

Except as required by law, all fees paid to Lighthouse Alerts are non-refundable. However, if you believe there has been an error in billing, please contact our customer support team within 30 days of the billing date, and we will work with you to resolve the issue. Refunds, if any, are provided at our sole discretion.

5.5 Changes to Pricing

Lighthouse Alerts reserves the right to change the pricing of our Services at any time. If we change our prices, we will provide you with reasonable advance notice of the changes via email or through our website. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the updated fees.

5.6 Third-Party Payment Processors

By using our Services, you agree to be bound by the terms and conditions of our third-party payment processors. We are not responsible for any errors or issues caused by these third-party services. You may contact our customer support and ask for help with issues involving payments using third-party services, however you understand and agree that Lighthouse Alerts is not responsible for any errors, incorrect charges, or financial losses of any magnitude resulting from problems caused by third-party payment services outside Lighthouse Alerts’s control.

6. Intellectual Property

6.1 Ownership of Content

All content and materials provided by Lighthouse Alerts, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of Lighthouse Alerts or its content suppliers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 License to Use

Lighthouse Alerts grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal or internal business use, subject to these Terms. You may not use the Services for any other purpose without our express written consent. This license does not include any resale or commercial use of the Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

6.3 Trademarks

The trademarks, logos, service marks, and trade names (collectively, the “Trademarks”) displayed on the Services or on content available through the Services are registered and unregistered Trademarks of Lighthouse Alerts and others. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the written permission of Lighthouse Alerts or the third party that may own the applicable Trademark.

6.4 User Content

By posting or submitting any content through the Services, you grant Lighthouse Alerts a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable, perpetual, and irrevocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Services and Lighthouse Alerts’s business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

6.5 Feedback

Any suggestions, comments, or other feedback you provide to Lighthouse Alerts with respect to the Services (collectively, “Feedback”) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute, and otherwise commercialize and exploit the Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

7. Disclaimers and Limitations of Liability

7.1 Service Disclaimers

Lighthouse Alerts provides the Services on an “as is” and “as available” basis. We do not warrant that the Services will be uninterrupted, error-free, or completely secure. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not make any representations or warranties regarding the reliability, accuracy, completeness, or timeliness of the content, information, software, text, graphics, links, or communications provided on or through the use of the Services.

7.2 Limitation of Liability

To the fullest extent permitted by applicable law, Lighthouse Alerts, its affiliates, officers, directors, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; and (d) unauthorized access, use, or alteration of your transmissions or content. In no event shall Lighthouse Alerts’s aggregate liability for all claims related to the Services exceed the amount paid by you to Lighthouse Alerts for the Services in the twelve (12) months immediately preceding the event giving rise to such liability.

7.3 Indemnification

You agree to defend, indemnify, and hold harmless Lighthouse Alerts, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property, property, or privacy right; or (d) any claim that your use of the Services caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

By using Lighthouse Alerts, you acknowledge and agree to these disclaimers and limitations of liability, understanding the extent of your rights and obligations under these Terms.

8. Termination

8.1 Termination by User

You may terminate your account and discontinue your use of the Services at any time. To terminate your account, please follow the instructions provided in your account settings or contact our customer support team. Upon termination, you will lose access to any data or content stored within your account. No refunds will be issued for any remaining subscription period unless required by law.

8.2 Termination by Lighthouse Alerts

Lighthouse Alerts reserves the right to suspend or terminate your account and access to the Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason. We may also terminate your account if we cease to provide the Services. In the event of termination by us for reasons other than your violation of these Terms, we will provide a pro-rata refund for any unused portion of your subscription.

8.3 Effects of Termination

Upon termination of your account for any reason:

All rights granted to you under these Terms will immediately cease.
You must promptly discontinue all use of the Services.
Any data or content you have stored in your account may no longer be available to you, and Lighthouse Alerts is not obligated to maintain any such data or content.
Sections of these Terms that, by their nature, should survive termination shall survive, including but not limited to, intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

9. Dispute Resolution

9.1 Governing Law

These Terms and any disputes arising out of or relating to them or the Services will be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

9.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. The arbitration shall be administered by a reputable arbitration organization in accordance with its rules and procedures. The arbitration shall take place in British Columbia, Canada, unless otherwise agreed by the parties. The language of the arbitration shall be English.

9.3 Jurisdiction

For any disputes that are not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the courts located in the province of British Columbia, Canada. You also agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.

9.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

9.5 Informal Resolution

Before initiating any arbitration or court proceeding, you agree to first attempt to resolve any dispute informally by contacting Lighthouse Alerts support. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Lighthouse Alerts may initiate arbitration or a court proceeding, as applicable.

By agreeing to these dispute resolution terms, you acknowledge and agree to these methods of resolving disputes with Lighthouse Alerts and the limitations imposed on you, including the class action waiver.

10. Miscellaneous

10.1 Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices or agreements published by Lighthouse Alerts, constitute the entire agreement between you and Lighthouse Alerts regarding the use of the Services. These documents supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Lighthouse Alerts with respect to the Services.

10.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

10.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Lighthouse Alerts’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

10.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations contained herein, in whole or in part, without the prior written consent of Lighthouse Alerts. Any attempt to assign or transfer these Terms without such consent will be null and void. Lighthouse Alerts may assign or transfer these Terms, in whole or in part, without restriction.

10.5 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

10.6 Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed given when delivered by email, by hand, by overnight courier, or by registered or certified mail, return receipt requested, to the contact information provided by the parties.

10.7 Force Majeure

Lighthouse Alerts shall not be liable for any failure to perform its obligations under these Terms due to events beyond its reasonable control, including, but not limited to, natural disasters, war, acts of terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes; or shortages of transportation facilities, fuel, energy, labor, materials, Internet connectivity; or disruptions, outages, or failures caused by third-party internet cloud providers used by our Service.

10.8 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Lighthouse Alerts. Neither party has the authority to bind the other or incur obligations on behalf of the other.