TERMS AND CONDITIONS OF DATA PLAN SERVICES
1. Applicability
These Terms and Conditions of Data Plan Services (the “Terms”) apply to and govern all sales of rights of access to and use of data plans on networks of wireless service providers (the “Plan Services”) offered by Lightning Link Networks, LLC. (“Lightning Link”) to customers placing orders for Plan Services that are accepted by Lightning Link as provided in these Terms (“Customer”).
Lightning Link and Customer are each a “Party” and are referred to collectively as the “Parties” in these Terms.
2. Orders
Customers may order Plan Services by issuing purchase orders in conformity with quotations issued by Lightning Link or through online ordering processes established by Lightning Link (“Orders”). Orders will be binding upon Lightning Link only if accepted by Lightning Link, which may be communicated through written confirmation or by provisioning of Plan Services.
The agreement between the Parties for any Order (the “Agreement”) consists of:
(i) these Terms;
(ii) the data plan access prices, quantities, and payment terms in the accepted Order; and
(iii) any modifications or additions to these Terms accepted in writing by an officer of Lightning Link.
No provision of any Customer purchase order will be binding upon Lightning Link unless expressly accepted by Lightning Link in that manner.
3. Modification of Orders
All Orders are fixed commitments of Customer once accepted by Lightning Linkand may not be modified or withdrawn after acceptance except by mutual written agreement of the Parties.
4. Prices; Taxes and Associated Charges
All prices quoted by Lightning Link are valid only for Orders placed within the period of validity set forth in the quotation and are otherwise subject to change at any time. Prices are subject to correction for clerical and typographical errors.
All prices quoted are exclusive of duties, fees, tariffs, or other governmental charges. These amounts are payable by Customer and will be reimbursed to Lightning Link at its cost if paid by Lightning Link.
If the Plan Services are or become subject to sales, use, value-added, excise, or other taxes, and unless Customer provides Lightning Link with a valid exemption certificate, Lightning Link shall include such taxes as a separate line item on the invoice, and Customer shall pay such amounts when due.
5. Permitted Use of Plans
Customer may use the Plan Services solely in connection with the operation of equipment sold by Lightning Link to Customer and applied to machine-to-machine (“M2M”) communication systems with such devices (“Supported Devices”) installed within the selected wireless service provider network service area (“Permitted Use”).
Supported Devices on mobile data plans may use the roaming services of a wireless service provider’s network of roaming partners but may not be permanently located in roaming areas.
Customer may not use the Plan Services for remote medical patient monitoring applications.
Customer may allow its End Users of an M2M solution, if any, to make use of the Plan Services but only in connection with the Permitted Use, and Customer shall be fully responsible for such End Users as if the use were made directly by Customer.
6. Provisioning and Support Services
Upon acceptance of an Order, Lightning Link will provision the Plan Services, notify Customer when available, and provide instructions for establishing access.
Lightning Link will provide support for Customer use of the Plans, including technical support helpline services and billing services, as set forth in Lightning Link Support Service descriptions posted on the Lightning Link website (“Support Services”).
The manner of delivery of Support Services may be adjusted by Lightning Link from time to time. Lightning Link shall have no obligation to provide Support Services to End Users.
7. Service Level and Dependencies
Lightning Link shall provide Plan Services and Support Services applying diligent, commercially reasonable efforts. Plan Services remain dependent upon the underlying wireless service provider continuing to provide and support its network.
Customer acknowledges that Plan Service is subject to interruptions and available only within applicable coverage areas, within operating range of wireless systems, and with authorized equipment.
Performance of each Party under this Agreement will be excused only for the duration of conditions or events outside reasonable control, including natural disasters, acts of war, riots, strikes, or supply chain shortages.
8. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Lightning Link DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PLAN SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitations of Damages and Remedies
The liability of Lightning Link and its wireless network providers for any claims, whether based in contract, warranty, tort, or otherwise, arising from or relating to the Agreement or the Plan Services, is limited to direct damages incurred by Customer not exceeding the purchase price paid for the Plan Services involved in such claim.
In no event will Lightning Link or its providers be liable for indirect, special, consequential, or punitive damages.
In addition, Lightning Link and its providers disclaim any liability of any type arising from or relating to the use of the Plan Services in applications where disruption could result in loss of life, including medical devices, life safety applications, nuclear facilities, and air traffic control.
10. Exclusion of Liability for Plan Services
Customer expressly understands and agrees that it has no contractual relationship with the underlying wireless provider or its affiliates, and that Customer is not a third-party beneficiary of any agreement between Lightning Link and the carrier.
Wireless network services are subject to tariffs and government regulations. Service may be refused, interrupted, or curtailed due to natural or artificial conditions, modifications, repairs, or usage concentrations. Neither Lightning Link nor the carrier shall be responsible for such interruptions.
Wireless network providers cannot guarantee the security of wireless transmissions and will not be liable for security breaches. Customer has no property rights in assigned numbers, which may change from time to time.
Customer waives any claims against carriers and their affiliates.
11. Compliance
Each Party shall maintain compliance with applicable laws and regulations. Customer agrees to supply usage information required by the wireless provider.
12. Authorized Disclosures
Customer authorizes Lightning Link to disclose information to the wireless provider and government authorities as legally required.
13. Term and Termination
a. Term
This Agreement commences on the date Lightning Link accepts the initial Customer Order (“Acceptance Date”) and continues for so long as any Order remains outstanding, unless terminated under this Section.
b. Termination
The Agreement may be terminated:
By written notice if a Party materially breaches and fails to cure within twenty (20) days of notice.
Immediately, if the other Party files for bankruptcy, has a receiver appointed, or is subject to insolvency proceedings.
Temporarily suspended, without notice, if Lightning Link’s agreement with the wireless provider terminates or if Customer violates provider policies.
c. Effect of Termination
Termination ends all Orders outstanding as of the termination date. Upon termination, Customer shall cease using Plan Services, and all Confidential Information must be returned or destroyed.
Plan Service fees are non-refundable. Lightning Link shall not be obligated to provide services following termination.
14. Intellectual Property
Except as expressly provided, the sale of Plan Services does not grant any license or right to use any patent, copyright, trademark, or proprietary right (“IP”) of Lightning Link or its suppliers. All rights are reserved.
Customer shall not remove or alter any trademark, copyright notice, or IP designation from materials provided by Lightning Link.
15. Indemnities
Customer shall indemnify and hold harmless Lightning Link, its employees, officers, directors, affiliates, and suppliers from claims and losses related to:
Use of Plan Services in any inconsistent manner, or
Failure to comply with applicable laws or regulations.
This obligation survives termination.
16. Resolution of Disputes; Controlling Law
Claims shall be governed by Ohio law, with jurisdiction in Franklin County, Ohio.
Any Claim must be brought within one (1) year of accrual.
17. Electronic Interchange; Notice
Notices shall be valid if sent by email, courier, or U.S. mail to addresses specified in the Agreement. Emails and electronic signatures constitute valid written approval.
18. General
This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions. It may not be modified without written consent.
Lightning Link may alter these Terms, which will apply to Orders accepted after such modifications.
If any provision is invalid, the remainder remains in effect. The Parties are independent contractors. Customer may not assign rights without Lightning Link’s consent; Lightning Link may assign freely.
This Agreement binds and benefits the Parties and their successors and assigns.
ASSET TRACKER SERVICE TERMS AND CONDITIONS
1. Applicability
These Terms and Conditions (the “Terms”) apply to and govern all offers to use the Lightning Link asset tracking service (“Service”), associated cellular data plan services (“Data Plan”), and tracking devices (“Asset Tracker”) offered for sale or license by Lightning Link Networks, LLC. (“Lightning Link”) to customers identified in quotations (“Customer”), except where modified by another written agreement signed by an officer of Lightning Link.
Lightning Link and Customer are each a “Party” and are referred to collectively as the “Parties.” By placing an order, Customer agrees to these Terms.
2. Asset Tracking Service
The Service connects Asset Trackers to a Lightning Link enablement platform through a cellular data connection. This allows Asset Trackers to transmit raw data to Lightning Link. Lightning Link extracts, augments, formulates, and formats that data (“Lightning Link Push Data”) and transmits it to a cloud-based interface accessible by Customer.
If agreed in a quote, the cloud interface may be a third-party interface configured to Customer’s specifications (“Lightning Link Application”).
The Service includes firmware/software updates determined necessary by Lightning Link or suppliers. Additional support or modifications may be available under separate agreements.
The Service requires a Data Plan approved for Asset Trackers. After the initial 3-month deployment period, Lightning Link will provide the Data Plan, and Customer agrees to pay applicable charges.
3. Deployment Kit Dashboard
The Service includes a cloud-based dashboard for configuring Asset Trackers and viewing device data (“Deployment Kit Dashboard”).
Upon written agreement, Lightning Link may remove the Dashboard and instead transmit Lightning Link Push Data directly to a Customer-managed endpoint.
4. License Grants
Lightning Link grants Customer the following limited licenses:
A non-exclusive, non-sublicensable, non-transferable license to use Asset Tracker firmware solely with the Service.
A perpetual, non-exclusive license to use Lightning Link Push Data in connection with Customer’s business.
Limited rights to access Lightning Link as part of the Service.
Limited rights to access the Lightning LinkApplication solely as part of the Service.
Limited rights to access the Deployment Kit Dashboard and extract Lightning Link Push Data.
Customer also grants Lightning Link and its suppliers a non-exclusive license to reproduce and use Customer information (emails, phone numbers, equipment configurations) for provision of the Service.
5. Customer Data Plans
If Customer’s own cellular data plan is approved and volume thresholds are met, Customer may contract with Lightning Link for integration services to enable continued use of its own plan.
6. Credentials
Lightning Link and/or suppliers will issue usernames and passwords for Service access. Customer represents that registration information is accurate and agrees to:
Allow only authorized users access.
Notify Lightning Link of unauthorized use or breaches.
Maintain confidentiality of credentials.
Fix any bugs in Customer’s software that cause incorrect access.
Lightning Link reserves the right to block accounts violating this Section.
7. Deployment Kits, Additional Asset Trackers, and Orders
The Deployment Kit includes:
3 months of Data Plan service,
3 Asset Trackers, and
Up to 3 hours of technical assistance for system integration.
Additional Asset Trackers may be ordered via purchase order or Lightning Link’s online system (“Orders”).
An accepted Order (“Agreement”) consists of:
(i) these Terms;
(ii) the prices, quantities, and terms set forth in the Order; and
(iii) any modifications signed by an officer of Lightning Link.
8. Additional Technical Support
Additional support beyond that included with the Deployment Kit will be billed at Lightning Link’s normal hourly rates, or as specified in a proposal.
9. Private Labeling of Service
The Service and Asset Trackers may be private-labeled for Customer if specified in a proposal or quotation.
10. Term and Termination
The Service begins upon Lightning Link’s acceptance of an Order.
Either Party may terminate with 30 days’ written notice.
Lightning Link may terminate with 10 days’ notice if payment fails.
Upon termination, Customer must cease using the Service, Data Plan, and Lightning Link confidential information.
All pending Orders are canceled upon termination. Fees are non-refundable.
11. Data Plans
a. Included Service
The Deployment Kit includes 3 months of Data Plan services through Verizon or another Lightning Link-approved carrier.
b. Permitted Use
Customer may use the Data Plan solely in connection with the Service and within the carrier’s service area. Roaming is allowed but not permanent residence in roaming areas. Remote medical patient monitoring is prohibited. Customer may allow End Users to access the Service but remains responsible.
c. Service Level and Dependencies
Lightning Link shall provide Data Plan services with diligent, commercially reasonable efforts. Service is dependent upon the carrier’s continuing operation.
d. Returns/Refunds
Data Plan services cannot be returned or refunded. They may be terminated on 30 days’ written notice.
e. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Lightning Link DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. Shipping and Insurance
Asset Trackers will be shipped FOB from Lightning Link (or contractor) to a U.S. location designated by Customer. Title and risk of loss transfer to Customer upon delivery to the shipper.
Shipping/insurance for the Deployment Kit is included. For additional Orders, costs are billed separately.
13. Inspection and Acceptance
Customer is deemed to have accepted the Service, Data Plan, and Asset Trackers upon delivery unless notice of defect is given in writing within ten (10) days.
Use of Asset Trackers prior to notice constitutes acceptance.
14. Payment
Unless otherwise agreed, all charges are payable by credit card prior to shipment. Lightning Link may bill monthly. Invoices are due 30 days from date. Late fees of 1% per month apply.
Lightning Link retains a purchase money security interest in Products until fully paid.
15. Warranty and Returns
a. Limited Warranty
Lightning Link warrants Asset Trackers to conform to specifications and be free from defects for one (1) year. Warranty does not cover:
“Pilot,” “trial,” or “beta” units,
Units damaged after delivery,
Units altered or misused,
Failures caused by third-party products.
b. Return Procedures
Warranty claims require a Return Material Authorization (“RMA”). Customer must return the device prepaid. If defects are confirmed, Lightning Link will repair, replace, or refund. Risk of loss remains with Customer until received by Lightning Link.
16. Limitations of Damages and Remedies
Lightning Link’s liability is limited to direct damages not exceeding amounts paid for the Service or Asset Trackers in the prior 12 months.
In no event shall Lightning Link be liable for indirect, consequential, or punitive damages.
The Service is not intended for use in applications where failure could result in loss of life or catastrophic damage (medical devices, nuclear facilities, air traffic control, etc.).
17. Exclusion of Liability of Data Plan Carriers
Customer acknowledges no contractual relationship with the underlying carrier (e.g., Verizon) and waives all claims against the carrier, its affiliates, and contractors.
18. Export and Compliance
Asset Trackers are subject to U.S. export regulations. Both Parties agree to comply with all applicable laws, including labor and anti-bribery laws.
19. Performance
Performance is excused during force majeure events such as natural disasters, strikes, riots, supply chain disruptions, or war.
20. Intellectual Property and Confidentiality
The Service, Lightning Link Application, Asset Trackers, and Dashboard contain proprietary and confidential information. Customer may not reproduce, decompile, or reverse-engineer software.
All IP rights remain with Lightning Link and its suppliers.
21. Customer Suggestions
Customer grants Lightning Link an irrevocable, royalty-free license to use any feedback or suggestions.
22. Indemnities
Customer indemnifies and holds harmless Lightning Link and affiliates from claims related to:
Misuse of the Service, Asset Trackers, or Data Plan,
Use of Lightning Link Push Data to provide services to End Users,
Failure to comply with laws.
23. Compliance
Customer agrees to supply information on Data Plan usage as legally required by carriers.
24. Authorized Disclosures
Customer authorizes Lightning Link to disclose information to carriers or government authorities as required by law.
25. Resolution of Disputes; Controlling Law
All claims shall be governed by Ohio law. Venue is in Franklin County, Ohio. Any claim must be brought within one (1) year of accrual.
26. Electronic Interchange; Notice
Notices are valid if sent by email, courier, or U.S. mail to authorized addresses.
27. Government End Users
Any software/firmware provided is “Commercial Computer Software” subject to FAR and DFARS provisions.
28. General
This Agreement constitutes the entire agreement for the Asset Tracker Service. Terms naturally surviving termination (e.g., perpetual license grants) shall continue.
The Parties are independent contractors. Assignment requires prior written consent, except Lightning Link may assign freely.
This Agreement is binding on successors and permitted assigns.
PRIVACY STATEMENT
Lightning Link Communications, LLC values the business relationships that help it grow and is committed to protecting the privacy of personal information shared with it by customers, prospective customers, suppliers, and partners.
This Privacy Statement describes the approach Lightning Link takes to collecting, using, and protecting personal information (“Personal Information”). By using this website, you consent to Lightning Link’s collection, disclosure, and use of your Personal Information in accordance with this Statement.
1. Information Collected
Information You Provide
You may supply Personal Information directly, for example by:
Using a contact form,
Signing up for a newsletter,
Placing orders,
Requesting quotes, or
Emailing Lightning Link with questions, comments, or requests.
Cookies, Analytics, and Automated Collection
Lightning Link may use cookies and tracking technologies to gather information:
Cookies are small files stored on your device to track usage. You may block cookies, though site functionality may be limited.
Invisible reCAPTCHA is used to protect the site. By using the site, you consent to the use of Invisible reCAPTCHA and agree to the Google Privacy Policy and Terms of Use.
Google Analytics may be used to analyze site traffic. Users can control data collection through Google Analytics’ own tools.
HubSpot technology may be implemented to track visitors and gather demographic information. See the HubSpot Privacy Policy.
The Trade Desk technology may be used to track visitors for advertising optimization. See the Trade Desk Privacy Policy.
2. Use of Personal Information
Lightning Link may use Personal Information for:
Providing requested information or services,
Communicating with users,
Offering information about relevant third-party goods/services,
Sending website notices,
Improving website functionality and services,
Sharing necessary details with contractors/vendors,
Generating statistics about site usage,
Detecting, preventing, and responding to fraud, misuse, or violations of law.
3. Protection of Personal Information
Lightning Link uses reasonable business measures to safeguard Personal Information. However, no system is 100% secure, and Lightning Link is not responsible for information transmitted over networks outside its control.
Lightning Link may disclose Personal Information to suppliers, partners, or government authorities as required by law. Lightning Link will not sell or share Personal Information for unrelated purposes.
4. Third-Party Links
Lightning Link may include links to third-party websites. Lightning Link is not responsible for the data collection or practices of third parties.
5. Opt-Out
Users may opt out of communications or request deletion of their Personal Information by emailing info@mylightninglink.com except where retention is required by law or contractual obligations.
6. Changes to Privacy Statement
Lightning Link may amend this Privacy Statement at any time and will post updates on its website.
LIGHTNING LINK NETWORKS, LLC
TERMS AND CONDITIONS OF SALE
1. Applicability
These Terms and Conditions of Sale (the “Terms”) apply to and govern all sales of products (“Products”) offered for sale by Lightning Link Communications, LLC. (“Lightning Link”) to customers identified in quotations (“Customer”), except where modified under a signed agreement.
Lightning Link and Customer are each a “Party” and are referred to collectively as the “Parties.”
2. Orders
Customers may order Products by issuing purchase orders in conformity with quotations. Orders are binding only if expressly accepted in writing by Lightning Link.
The agreement for any Order (“Agreement”) consists of:
(i) these Terms;
(ii) the Products, prices, quantities, and delivery terms in the Order; and
(iii) any modifications signed by an officer of Lightning Link.
3. Modification of Orders
Unless otherwise specified, Customer may modify quantities or delivery schedules by written notice more than 45 days before the scheduled delivery date. After that, Orders are fixed commitments unless Lightning Link agrees otherwise in writing.
4. Prices; Taxes and Charges
Prices are valid only within the quotation’s validity period and are subject to correction for errors.
All prices are exclusive of:
Sales, use, value-added, excise, or other taxes,
Shipping and insurance charges,
Duties, fees, or tariffs.
Customer is responsible for these charges unless a valid exemption certificate is provided.
5. Shipping and Insurance
Products ship FOB from Lightning Link (or its contractor) to Customer’s designated U.S. location. Title and risk of loss pass to Customer upon delivery to the shipper.
Shipping/insurance costs are payable by Customer.
6. Inspection and Acceptance
Customer is deemed to have accepted Products upon delivery unless written notice of defect is provided within 10 days. Use of Products prior to notice constitutes acceptance.
Customer must claim shipping damage directly from the carrier.
7. Payment
All amounts are invoiced upon delivery and due within five (5) days. Payments must be in U.S. dollars.
Late charges of 1% per month apply. Lightning Link retains a purchase money security interest until fully paid. Customer reimburses Lightning Link for collection costs of unpaid invoices.
8. Warranty and Returns
a. Limited Warranty
Lightning Link warrants Products to conform to specifications and be free from defects for one (1) year from delivery. Warranty does not cover:
“Pilot,” “trial,” or “beta” units,
Units not fully tested at Customer’s written request,
Damage after delivery,
Altered or misused units,
Failures caused by third-party products/services,
Lack of firmware updates required by carriers.
b. Return Procedures
Warranty claims require an RMA. Customer must return the Product prepaid. If defects are confirmed, Lightning Link will repair, replace, or refund. Risk of loss remains with Customer until received by Lightning Link.
Products returned without an RMA will be returned unopened at Customer’s cost.
9. Limitations of Damages
Lightning Link’s liability is limited to direct damages not exceeding the purchase price of the affected Products.
In no event will Lightning Link be liable for indirect, consequential, or punitive damages.
Lightning Link disclaims liability for use of Products in applications where failure could cause death, personal injury, or catastrophic damage, including medical devices, nuclear controls, and air traffic systems.
10. Intellectual Property
Sale of Products does not grant any license in patents, copyrights, trademarks, or proprietary rights of Lightning Link or its suppliers, except limited rights to use Products as supplied.
Customer shall not disassemble, alter, or redistribute software embedded in Products.
11. Export and Compliance
Products are subject to U.S. export regulations. Both Parties agree to comply with all laws, including labor and anti-bribery regulations (e.g., U.S. Foreign Corrupt Practices Act).
12. Indemnities
Customer indemnifies and holds Lightning Link and affiliates harmless from claims related to misuse of Products or failure to comply with applicable safety regulations.
13. Performance
Performance is excused during events outside a Party’s reasonable control (natural disasters, strikes, war, supply chain shortages, etc.).
14. Resolution of Disputes; Controlling Law
Claims are governed by Ohio law with venue in Franklin County, Ohio. Claims must be brought within one (1) year of accrual.
15. Electronic Interchange; Notice
Notices are valid if sent by email, courier, or U.S. mail to authorized addresses. Emails and electronic signatures constitute valid writings.
16. Firmware Over-The-Air (“FOTA”) Updates
Customer agrees to implement wireless firmware updates as required by carriers. Failure to update may interrupt connectivity.
17. General
This Agreement is the entire agreement between the Parties. It supersedes prior discussions and cannot be modified without written consent.
The Parties are independent contractors. Assignment requires written consent, except Lightning Link may assign freely.
This Agreement binds successors and permitted assigns.
Failure to enforce any term is not a waiver.
TERMS OF USE
1. Introduction
These Terms of Use (“Terms”) document the binding agreement between Lightning Link Network, LLC (“Lightning Link”) and each user (“User”) of Lightning Link websites and the resources and services made available through them (the “Resources”).
By accessing and using the Resources, Users accept these Terms. Some Resources, such as interactive support services or specialized technical content, may require Users to confirm agreement to these or additional terms before gaining access.
These Terms apply to use of the Resources and do not alter or override any separate legal agreements between Lightning Link and a User relating to separate subject matter.
2. Use of Resources
Users may use the Resources for internal business purposes of their organizations, consistent with these Terms.
Users agree to comply with these Terms and all policies referenced in the Resources, including the Lightning Link Privacy Statement.
Users may not:
Use Resources for illegal purposes,
Interfere with others’ use of Resources,
Attempt unauthorized access,
Misrepresent Resources as their own.
Lightning Link may monitor usage and restrict or block access if misuse is detected.
3. Content
Lightning Link provides content relating to its company, products, services, customers, and industry developments (“Content”).
All Content posted by Lightning Link, and the associated copyright and proprietary rights, remain with Lightning Link or noted third parties. Users may not remove or obscure copyright, trademark, or notices.
Some technical Content is downloadable and may include additional use restrictions. Users must comply with those notices.
Third-party content (“Third-Party Content”) may also be linked or posted. Users must comply with any additional terms governing Third-Party Content. Lightning Link is not responsible for its accuracy or completeness.
Users acknowledge Content may become unavailable, and Lightning Link is not responsible for interruptions or reliance on unavailable Content.
4. User Information
Users may provide information through Resources (“User Information”). Users retain rights in their User Information but represent that they have the right to provide it without infringing others’ rights.
Users should keep their information accurate and updated. Confidential information should not be submitted unless governed by a separate Non-Disclosure Agreement (NDA).
Except as limited by an NDA or the Privacy Statement, User grants Lightning Link a worldwide, royalty-free license to use User Information to interact with User, and to store, copy, display, distribute, and create derivative works of User Information.
5. Changes to Terms and Resources
Lightning Link may update Resources and Content at any time. Access may be interrupted as a result of changes.
Lightning Link may also update these Terms by posting them on the website, effective immediately upon posting.
6. Support Services
Lightning Link may, at its discretion, provide Support Services through the Resources at no cost.
Users must provide accurate account information. Support Services are provided “AS IS” without warranty and may not be relied on except at the User’s own risk.
Contracted services may be offered under separate agreements.
7. Disclaimers and Limitations of Liability
Content may contain errors or typographical mistakes. Lightning Link does not guarantee accuracy, completeness, or error-free use.
Lightning Link products are sold subject to published Terms and Conditions of Sale or other agreements.
NO WARRANTY OF ANY KIND IS PROVIDED REGARDING THE RESOURCES, CONTENT, SUPPORT SERVICES, OR ANY PRODUCT OR SERVICE OF Lightning Link, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT.
To the fullest extent permitted by law:
Lightning Link’s liability for any claims is limited to direct damages not exceeding $100, or the minimum liability allowed by law.
Lightning Link shall not be liable for indirect, consequential, special, or punitive damages.
Users and their organizations shall indemnify and hold harmless Lightning Link, its affiliates, officers, directors, employees, and agents from claims, costs, or liabilities arising from misuse of Resources, Content, or Support Services, or violations of these Terms.
8. Termination
These Terms remain in effect while Users access or use the Resources.
Users may terminate this agreement by ceasing all use of Resources.
9. General Provisions
Failure to enforce any provision is not a waiver.
If any provision is found invalid or unenforceable, the remainder remains valid.
There are no third-party beneficiaries to these Terms.
Neither Party may assign this agreement without consent, except to majority-owned affiliates or in the event of merger/acquisition.
Neither Party is liable for delays caused by force majeure (fire, strike, war, civil unrest, terrorism, government regulation, natural disasters, supply chain disruption, etc.).
The laws of the State of Ohio govern this Agreement. The parties agree to bring any disputes exclusively in the U.S. District Court for the District of Ohio or, if jurisdictionally required, in Ohio state courts in Franklin County.
The parties waive jury trial rights; disputes will be resolved by a judge.
These Terms constitute the complete agreement regarding the Resources and supersede all prior agreements.