Last updated: July 16, 2019
1. Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
User’s access and use of the Services constitutes User’s agreement to be bound by these Terms, which establish a binding contractual relationship between User and Lightmob. If User does not agree to these Terms, User shall not access or use the Services. These Terms expressly supersede prior agreements or arrangements between Lightmob and User. Lightmob may, in its sole discretion, change, suspend or terminate, temporarily or permanently, these Terms or the Services, your use of the Services, or any component of the Services, or any of its features, at any time, for any reason, or transition the Services to another technology platform or system without any liability to User or any other person or entity and except as may be required by applicable law.
For greater certainty, if a Pro uses the Application and Services as a user of knowledge services provided by another Pro, such Pro shall be considered a User for purposes of these Terms with respect to the receipt of such services.
ALL USERS AGREE TO USE THE APPLICATION AND SERVICES ONLY IN ACCORDANCE WITH THESE TERMS, INCLUDING THE LIGHTMOB ACCEPTABLE USE POLICY LOCATED AT https://www.lightmob.io/legal
LIGHTMOB MAY, IN ITS SOLE DISCRETION, SUSPEND OR TERMINATE ANY USER’S ACCESS TO THE APPLICATION AND THE SERVICES AT ANY TIME.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, LIGHTMOB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LIGHTMOB MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LIGHTMOB DOES NOT REPRESENT, WARRANT, OR GUARANTEE THE QUALITY, SUITABILITY, SAFETY, RELIABILITY, OR ABILITY OF PROS.
USER AGREES THAT THE ENTIRE RISK ARISING OUT OF USER’S USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH USER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to User in connection with the applicable Services. Supplemental terms include, without limitation, Lightmobs’s Acceptable Use Policy located at https://www.lightmob.io/legal and its Complaint Policy located at https://www.lightmob.io/legal, all of which are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms to the extent of a conflict with respect to the applicable Services.
Lightmob may in its sole discretion amend the Terms and/or any supplemental terms, or any portion thereof, in whole or in part, related to the Services from time to time. These amendments may include changes to any portion of the Services including, without limitation, the nature of the Services, and the applicable charges. In the event of an amendment, the revised Terms and/or supplemental terms, as the case may be, will be posted to the applicable Service. If User does not agree with any such amendment, User may refuse same and rescind or cancel User’s use of the Services without cost, penalty or cancellation fee. In the event these Terms and/or any supplemental terms, as the case may be, are restricted, suspended or amended, Lightmob will provide User advance notice at least 30 days before the amendment comes into effect by posting the amended Terms and/or supplemental terms, as the case may be, to the applicable Service, and where applicable, by sending User notice using any contact information that may be available to Lightmob and setting out the new clause, or the amended clause, as the case may be, and how it reads formerly, as well as the date on which the change will come into effect. User’s continued access or use of the Services after such posting constitutes User’s express consent to be bound by the Terms, or supplemental terms, as the case may be, as amended.
Our collection and use of personal information in connection with the Services is governed by Lightmob’s Privacy and Data Protection Policy located at https://www.lightmob.io/legal.
2. The Services
The Services constitute a technology platform that enables Users to use Lightmob’s mobile applications or websites provided as part of the Services (each, an “Application”) to search for and connect, using such methods as may be available as part of the Services, which may include messaging, live voice, video and virtual reality sessions, with Pros.
For greater certainty, these Terms apply to all Users including Pros. Unless otherwise agreed by Lightmob in a separate written agreement with User, the Services are made available solely for User’s personal use. USER ACKNOWLEDGES THAT LIGHTMOB DOES NOT PROVIDE KNOWLEDGE SERVICES AND THAT ALL SUCH SERVICES ARE PROVIDED BY THE PROS WHO ARE NOT EMPLOYED BY LIGHTMOB OR ANY OF ITS AFFILIATES.
Subject to User’s compliance with these Terms, Lightmob grants User a personal, limited, nonexclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Application on User’s personal device(s) solely in connection with User’s use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for User’s personal use. Any rights not expressly granted herein are reserved by Lightmob and its licensors.
User may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Lightmob; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
2.3. Provision of the Services.
Users acknowledge that the Services may be made available by or in connection with Pros including, but not limited to, professionals who may or may not be holders of various permits, authorizations, certifications or licenses required by applicable laws. Lightmob makes no representation, warranty or guarantee that the Pro has the permits, authorizations, certifications or licenses required by applicable laws, if any. Lightmob does not confirm, and is not responsible for confirming, that Pros have permits, authorizations, certifications or licenses required by applicable laws, if any.
2.4. Third Party Services and Content.
The Services and all rights therein are and shall remain Lightmob’s sole property or the property of its licensors. Neither these Terms nor User’s use of the Services convey or grant to User any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Lightmob’s company and business names, logos, product and service names, trademarks or service marks or those of its licensors.
User acknowledges and agrees that Lightmob may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the User’s Account (as defined below) or any request for knowledge services at any time, for any reason, without liability to User or any other person or entity. User may, if permitted by Lightmob, elect to cancel a request for knowledge services, if such cancellation occurs more than 24 hours before the knowledge services are scheduled. Cancellation by a User 24 hours or less before the knowledge services are scheduled will result in a US$20 fee for the missed appointment (“Cancellation Charge”). User hereby acknowledges and agrees to pay such Cancellation Charge.
3. Use of the Services
In order to use the Services, User must register for and maintain an active Services account (“Account”). User must be at least 18 years of age, or the age of legal majority in User’s jurisdiction (if higher than 18), to obtain an Account. Account registration requires User to submit to Lightmob certain personal information, such as User’s name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner and in the case of Pros, account information to receive payment). User agrees to maintain accurate, complete, and up-to-date information in User’s Account. User’s failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in User’s inability to access and use the Services or Lightmob’s termination of the User’s Account. User is solely responsible for all activity that occurs under User’s Account, and User agrees to maintain the security and secrecy of User’s Account username and password at all times. Unless otherwise permitted by Lightmob in writing, User may only have one Account.
If User has registered for an Account, it is User’s sole and absolute responsibility to keep User’s password and other Account information confidential and secure. In the event that User’s password and/or Account are used without User’s consent or that User discovers any other breach of security, User agrees to promptly notify Lightmob at email@example.com. Lightmob is not responsible for User’s failure to comply with this clause, or for any delay in closing the User’s Account after User has reported a breach of security to Lightmob. User is solely responsible for any and all activities which occur under User’s Account.
3.2. Requirements and Conduct.
Users agree to comply with the Lightmob Acceptable Use Policy found at https://www.lightmob.io/legal. The Services are not available for use by persons under the age of 18, or the age of legal majority in User’s jurisdiction (if higher than 18). User may not authorize third parties to use User’s Account. User may not assign or otherwise transfer User’s Account to any other person or entity. User agrees to comply with all applicable laws at all times when using the Services, and User may only use the Services for lawful purposes. The requirement to comply with applicable laws in these Terms includes, without limitation, with respect to a Pro, ensuring that the Pro is fully compliant with the laws applicable in its jurisdiction as well as the jurisdiction of the User to whom it provides knowledge services. In certain instances User may be asked to provide proof of identity to access or use the Services, and User agrees that User may be denied access to or use of the Services if User refuses to provide proof of identity.
3.3. Recording Content.
Sessions may be recorded or monitored. You hereby consent to: (i) the monitoring or recording of any Session you engage in, including your likeness therein; (ii) Lightmob copying and using such recordings for quality assurance purposes, dispute resolution and improving the Service; (iii) such recording being made available to the other party to the Session; (iv) such recording being used by Lightmob for advertising and marketing purposes if, and only if, Lightmob receives your explicit consent with regards to the specific Session in question; (v) such recordings being made available for you to review, (vi) such recording being used or disclosed by Lightmob to the extent required by law or legal process or to the extent Lightmob deems necessary for purposes of enforcing or protecting its rights or the rights of a third party. You hereby waive any rights of publicity, privacy or other rights under applicable law to the extent such rights could be used to prevent Lightmob from using Session recordings as contemplated hereunder, and hereby grant a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license under any intellectual property rights you may have in or to any Session recording or content therein to Lightmob to copy, modify, distribute and use such recording and content for the explicit purposes outlined in this section 3.3, or as required by law or legal process.
3.4. Receipt of Emails.
By creating an Account, User agrees that the Services may send User informational emails as part of the normal business operation of User’s use of the Services. User may opt-out of receiving emails from Lightmob at any time by clicking *Unsubscribe* and indicating that User no longer wishes to receive such messages, along with the applicable email address, or by using the unsubscribe mechanism included in such emails. User acknowledges that opting out of receiving emails may impact User’s use of the Services.
3.5. User Provided Content.
The Services permit Pros to submit, upload, publish or otherwise make available messages, audio, and/or visual content and information to Users. The Services may also permit Users to provide commentary and feedback related to the Services, the initiation of support requests, and submission of entries for competitions and promotions. This content described in this section, whether provided by Pros or other Users is collectively “Content”. Except as otherwise expressly agreed by Users, no rights in any Content provided by Users is transferred to another User.
User grants to Lightmob a worldwide, perpetual, irrevocable, transferrable, royalty- free license, with the right to sublicense, to use, reproduce, copy, modify, translate, create derivative works of, distribute, publicly display, publish, publicly perform, and otherwise exploit in any manner such Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Lightmob’s business and on third-party sites and services), without further notice to or consent from User, and without the requirement of payment to User or any other person or entity. Further, User hereby waives all moral rights in and to all such Content in favor of Lightmob and anyone authorized by Lightmob to reproduce or otherwise use such Content.
User represents and warrants that: (i) User is the sole and exclusive owner of the Content it provides or User has all rights, licenses, consents and releases necessary to make the Content available to Users and to grant to Lightmob the license to the Content as set forth above; and (ii) neither the Content nor User’s submission, uploading, publishing or otherwise making available of such Content nor Lightmob’s use of the Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
User agrees to comply with the Lightmob Acceptable Use Policy and, without limiting the scope of the Lightmob Acceptable Use Policy, shall not provide or make available Content that is defamatory, libelous, intimidating, hateful, violent, dangerous, obscene, indecent, pornographic, discriminatory, or otherwise offensive, as determined by Lightmob in its sole and absolute discretion, whether or not such material may be protected by law. Lightmob may, but shall not be obligated to, review, monitor, or remove Content, and/or ask the User to remove their Content, at Lightmob’s sole discretion and at any time and for any reason, without notice to User.
Lightmob does not guarantee the confidentiality of any communications made by User through the Application. Although Lightmob generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Application or the Services, User understands, agrees and acknowledges that Lightmob cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with User’s use of the Application or the Services.
3.6. Network Access and Devices.
User is responsible for obtaining the data network access necessary to use the Services. User’s mobile network’s data and messaging rates and fees will apply if User accesses or uses the Services from a wireless-enabled device and User shall be solely responsible for such rates and fees. User should consult its carrier for details. User is responsible for acquiring/downloading and updating compatible hardware or devices necessary as well as operating system software to access and use the Services and Application and any updates thereto. Lightmob does not guarantee that the Application, the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Application or the Services may be subject to malfunctions and delays occurring in association with the use of the Internet and electronic communications.
3.7. Breach of Terms.
Without limiting any other right that Lightmob may have as set out in these Terms, if User breaches any provision of these Terms, then User shall no longer be entitled to use the Application and the Services or any component thereof. Lightmob may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Application, the Services or any component thereof or any of its features at any time, or terminate User’s use of the Application, the Services or these Terms, for any reason, without any notice or liability to User or any other entity. If these Terms or User’s permission to use the Application and Services is terminated by Lightmob for any reason, the agreement formed by User’s acceptance of these Terms will nevertheless continue to apply and be binding upon User in respect of its prior use of the Application and Services and anything relating to or arising from such use. If User is dissatisfied with the Application or Services or any component of the Application or Services or any knowledge services provided by Pros, then User’s sole and exclusive remedy is to discontinue using the Application and Services. Without limiting the generality of the foregoing, the following sections shall survive termination or expiry of these Terms: 5 (Disclaimers; Limitation of Liability; Indemnity).
4.1. Knowledge User Payment Terms.
User understands that User’s use of the Application and Services will result in charges and fees to User including for the services User receives from a Pro including Cancellation Charges and any other applicable fees and charges (collectively, “Charges”) and User agrees to pay such Charges. Lightmob conducts a pre-authorization of User’s credit card or accepted payment partner account prior to the commencement of each session between a Pro and a User. Charges for services that User receives from a Pro are set by the Pro on a per-minute or other basis and disclosed to the User prior to initiating the provision of knowledge services. Pro may, in Pro’s sole discretion, give first-time Users up to sixty (60) minutes free on their first communication using the Application. After User has received knowledge services obtained through User’s use of the Service, Lightmob will facilitate User’s payment of the applicable Charges on behalf of the Pro as Pros limited payment collection agent. Knowledge User authorizes Lightmob to charge the Charges and payment of the Charges in such manner shall be considered the same as payment made directly by User to the applicable Pro. Charges paid by User are final and may only be partially or fully refundable in certain circumstances determined by Lightmob in its sole discretion. Lightmob may charge interest on any unpaid amounts at a rate specified by Lightmob.
Users acknowledge that Lightmob uses PayPal as a payment provider and that PayPal may charge Users certain fees or charges directly on account of the processing of payments in connection with the use of the Services. Users agree to pay all of such fees and charges in accordance with PayPal’s posted fee and charge payment terms.
All Charges are due immediately and payment will be facilitated by Lightmob using the credit card designated in User’s Account, after which Lightmob will send User a receipt by email. If User’s credit card is determined to be expired, invalid or otherwise not able to be charged, User agrees that Lightmob may, as Pro’s limited payment collection agent, use a secondary payment method in User’s Account, if available.
Lightmob reserves the right to establish, remove and/or revise Charges for any or all knowledge services obtained through the use of the Services at any time in Lightmob’s sole discretion.
4.2. Pro Payment Terms.
Pros are entitled to charge a fee for each instance of completed services provided to a User that are obtained via the Services plus any applicable taxes (“Fee”). Pro acknowledges and agrees that the Fee is the only payment that the Pro will receive in connection with the provision of knowledge services. Pro may only charge a Fee as may be permitted by applicable law. Pro: (i) appoints Lightmob as Pro’s limited payment collection agent solely for the purpose of accepting the Fee from the User on Pro’s behalf via the payment processing functionality facilitated by the Services; and (ii) agrees that payment made by a User to Lightmob (or to an affiliate or service provider of Lightmob acting as an agent of Lightmob) shall be considered the same as payment made directly by User to Pro. The prices that the Pro sets for the knowledge services must be in accordance with applicable law, as well as any restrictions or requirements communicated to Pro or posted on the Lightmob website or otherwise posed on the Services, including certain minimum charges.
In consideration of Lightmob’s provision of the Services for Pro’s use and benefit hereunder, Pros agree to pay Lightmob a service fee on a per services transaction basis calculated as a percentage of the Fee, such percentage as provided to Pro via email or otherwise made available electronically by Lightmob from time to time (“Service Fee”) together with all applicable taxes. If no other Service Fee percentage has been communicated in writing by Lightmob to Pro, it shall be deemed to be twenty percent (20%).
Lightmob reserves the right to change the Service Fee at any time and Lightmob will provide Pro with notice in the event of such change. Continued use of the Service after such change in the Service Fee calculation shall constitute Pro’s consent to such change.
Lightmob may withhold from any amounts payable to Pros as may be required by applicable law.
Pro acknowledges and agrees that Pro is required to: (i) complete all tax registration obligations and calculate and remit all taxes related to Pro’s provision of services to Users as required by applicable law; and (ii) provide Lightmob with all relevant tax information. Pro further acknowledges and agrees that Pro is responsible for the payment of all taxes on Pro’s own income arising from the performance of the knowledge services and receipt of payment for such services. Notwithstanding anything to the contrary in these Terms, Lightmob may in its sole discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from Pro’s provision of knowledge services and/or provide any of the relevant tax information Pro has provided pursuant to the foregoing requirements in this Section directly to the applicable government tax authorities on Pro’s behalf or otherwise.
Lightmob shall pay Pro within thirty (30) days after Pro has performed at least $20.00 of Services. However, if Pro does not perform at least $20.00 of Services within any sixty (60)-day period, Lightmob shall pay Pro for Pro's Services in full. All payment by Lightmob to Pro shall be made through Pro's PayPal account (the "PayPal Account"). Pro has all necessary rights in such PayPal Account to authorize Lightmob to make payments to such PayPal Account, and Pro agrees that payments made to such PayPal Account satisfies all of Company's obligations hereunder. Lightmob is not responsible for any issues that Pro may experience with PayPal Inc. or the PayPal Account. If Pro has any questions concerning PayPal Inc. and its practices, Pro may visit the PayPal website and learn how to contact PayPal at http://www.paypal.com.
4.3 Pros - No Additional Amounts.
As a Pro, you acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Lightmob and its Affiliates may seek to generate additional demand for your Services from new and existing Users. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement.
5. Disclaimers; Limitation of Liability; Indemnity.
5.1. LIMITATION OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIGHTMOB OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, THE APPLICATION OR OTHERWISE ARISING IN CONNECTION WITH THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIGHTMOB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) USER’S USE OF OR RELIANCE ON THE SERVICES OR USER’S INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONTENT PROVIDED BY ANY PRO OR OTHER USER INCLUDING, WITHOUT LIMITATION, ANY USE OF OR RELIANCE ON SUCH CONTENT, AND/OR ANY ERRORS OR OMISSIONS IN SUCH CONTENT; OR (iii) ANY TRANSACTION OR RELATIONSHIP BETWEEN USER AND ANY PRO, EVEN IF LIGHTMOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FORGOING, LIGHTMOB SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND LIGHTMOB’S REASONABLE CONTROL. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF LIGHTMOB OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, OR LICENSORS TO USER FOR ALL DAMAGES, LOSSES, CAUSES OF ACTION OR OTHER AMOUNTS EXCEED AN AGGREGATE OF $100 EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE.
LIGHTMOB’S SERVICES MAY BE USED BY USERS TO SEARCH FOR AND CONNECT WITH PROS, BUT USERS AGREE THAT LIGHTMOB HAS NO RESPONSIBILITY OR LIABILITY TO THEM RELATED TO ANY KNOWLEDGE SERVICES PROVIDED TO THEM BY PROS. USER’S RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE APPLICATION OR SERVICES IS SOLELY AT USER’S OWN RISK. COMMENTS OR OPINIONS EXPRESSED ON THE APPLICATION OR SERVICES ARE THOSE OF THE RESPECTIVE USER ONLY. COMMENTS OR OPINIONS EXPRESSED ON THE SERVICES OR IN ANY CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF LIGHTMOB. LIGHTMOB IS NOT RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY IN RELATION TO, ANY AND ALL CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE APPLICATION AND SERVICES.
USERS ACKNOWLEDGE AND AGREE THAT THEY ARE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE BETWEEN A PRO AND A USER, AS WELL AS ANY KNOWLEDGE SERVICES THE PRO PROVIDES. LIGHTMOB IS NOT LIABLE IN ANY WAY FOR ANY AGREEMENT MADE BETWEEN AN PRO AND A USER OR FOR THE ENFORCEMENT OF SUCH AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IN ANY AGREEMENTS IN RELATION TO THE FEES AND USAGE OF THE SERVICES IN ANY WAY OTHER THAN AS OFFERED OR SUGGESTED BY LIGHTMOB. LIGHTMOB MAKES AVAILABLE AN ONLINE PLATFORM OR MARKETPLACE WITH RELATED TECHNOLOGY FOR USERS AND PROS TO MEET ONLINE AND ARRANGE FOR THE PROVISION OF KNOWLEDGE SERVICES WITH EACH OTHER. LIGHTMOB IS NOT A KNOWLEDGE SERVICE PROVIDER AND IS NOT RESPONSIBLE FOR THE KNOWLEDGE SERVICES. UNLESS EXPLICITLY SPECIFIED OTHERWISE IN THE LIGHTMOB PLATFORM, LIGHTMOB’S RESPONSIBILITIES ARE LIMITED TO FACILITATING THE AVAILABILITY OF THE SITE, APPLICATION AND SERVICES.
WITHOUT LIMITING ANY OTHER PROVISION(S) OF THESE TERMS, USER ACKNOWLEDGES AND AGREES THAT LIGHTMOB HAS NO OBLIGATION WHATSOEVER UNDER THESE TERMS OR OTHERWISE TO CORRECT ANY DEFECTS OR ERRORS IN THE SERVICES OR ANY COMPONENT THEREOF, REGARDLESS OF WHETHER USER INFORMS LIGHTMOB OF SUCH DEFECTS OR ERRORS OR LIGHTMOB OTHERWISE IS OR BECOMES AWARE OF SUCH DEFECTS OR ERRORS. THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER A USER’S RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
5.2. Certain Additional Representations, Warranties and Indemnities of Users.
Pro represents, warrants and covenants that Pro holds and will continue to hold so long as it provides knowledge services through the Services, all required permits, authorizations, certifications or licenses required by applicable laws to provide the knowledge services to Users. Pro agrees to indemnify, hold Lightmob and its officers, directors, employees, affiliates, agents, service providers and contractors harmless from (and at Lightmob’s request, defend) any and all claims, demands, losses, liabilities and expenses (including legal fees) arising out of or in connection with Pro’s breach of this representation and warranty of these Terms, Pro’s negligence or otherwise arising in connection with these Terms.
User represents, warrants and covenants that: (i) User is at least 18 years old and has reached the age of majority in User’s jurisdiction of residence; (ii) User possesses the legal authority to create a binding legal obligation; (iii) User will use the Services in accordance with these Terms and applicable laws; (iv) all information supplied by User on the Application or through use of the Services of the Services is true, accurate, current and complete; and (v) if User is accessing or using the Application on behalf of another person or corporate entity, User represents and warrants that User has the authority to do so and to bind such person or entity to these Terms. Without limiting the generality of the foregoing, User agrees to indemnify and hold Lightmob and its officers, directors, employees, affiliates, agents, service providers and contractors harmless from (and at Lightmob’s request, defend) any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: (i) User’s use of and or reliance on the Services or knowledge services obtained through User’s use of the Services; (ii) User’s breach or violation of any of these Terms or the User’s negligence; (iii) Lightmob’s use of User’s Content; (iv) User’s violation of the rights of any third party; (v) User’s violation of the rights of any Pro; or Pro’s violation of the rights of any User; and (vi) User’s breach or violation of any applicable law.
6. Governing Law; Arbitration.
6.1.0 Agreement to Binding Arbitration Between You and Lightmob.
YOU AND LIGHTMOB MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Lightmob ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Lightmob, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and Lightmob’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND LIGHTMOB. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Lightmob platform, the Services, any other goods or services made available through the Lightmob platform, your relationship with Lightmob, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on Lightmob’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Lightmob, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Lightmob and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND LIGHTMOB ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
6.1.1 Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND LIGHTMOB MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND LIGHTMOB BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST LIGHTMOB, WHICH ARE ADDRESSED SEPARATELY IN SECTION 6.1.2.
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
6.1.2 Representative PAGA Waiver.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and Lightmob agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Lightmob agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
6.1.3 Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.
As part of the arbitration, both you and Lightmob will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users or Pros, but is bound by rulings in prior arbitrations involving the same User or Pro to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
6.1.4 Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection (k) below and are otherwise required to pay a filing fee under the relevant AAA Rules, Lightmob agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to Lightmob, Lightmob will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.
If Lightmob initiates arbitration under this Arbitration Agreement, Lightmob will pay all AAA filing and arbitration fees.
With respect to any Claims brought by Lightmob against a Pro, or for Claims brought by a Pro against Lightmob that: (A) are based on an alleged employment relationship between Lightmob and a Pro; (B) arise out of, or relate to, Lightmob’s actual deactivation of a Pro’s User account or a threat by Lightmob to deactivate a Pro’s User account; (C) arise out of, or relate to, Lightmob’s actual termination of a Pro’s Agreement with Lightmob under the termination provisions of this Agreement, or a threat by Lightmob to terminate a Pro’s Agreement; (D) arise out of, or relate to, Charges (as defined in this Agreement, including Lightmob’s commission or fees on the Charges) owed by Lightmob to Pros for Services (E) arise out of or relate to background checks performed in connection with a user seeking to become a Pro (the subset of Claims in subsections (A)-(E) shall be collectively referred to as “Pro Claims”), Lightmob shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by Lightmob pursuant to the fee provisions above). However, if you are the party initiating the Pro Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Services to Users, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section 17(e)(3), the term “Pro” shall be deemed to include both Pros and Pro applicants who have not been approved to provide Services.
Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
Although under some laws Lightmob may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, Lightmob agrees that it will not seek such an award.
If the arbitrator issues you an award that is greater than the value of Lightmob’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then Lightmob will pay you the amount of the award or U.S. $1,00, whichever is greater.
6.1.5 Location and Manner of Arbitration.
Unless you and Lightmob agree otherwise, any arbitration hearings between Lightmob and a User will take place in the county of your billing address, and any arbitration hearings between Lightmob and a Pro will take place in the county in which the Pro provides Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. If your Claim is for $10,000 or less, Lightmob agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
6.1.6 Exceptions to Arbitration.
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 6.1.2 of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
6.1.8 Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and Lightmob may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Lightmob. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
7. Relationship with Lightmob
As a Pro on the Lightmob platform, you acknowledge and agree that you and Lightmob are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Lightmob expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Lightmob; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Lightmob, and you undertake not to hold yourself out as an employee, agent or authorized representative of Lightmob.
Lightmob does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your Services. You retain the sole right to determine when, where, and for how long you will utilize the Lightmob platform. You retain the option to accept or to decline or ignore a User’s request for Services via the Lightmob platform, or to cancel an accepted request for Services via the Lightmob platform, subject to Lightmob’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Lightmob shall have no right to require you to wear a uniform or any other clothing displaying Lightmob’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.