These Terms of Service ("Terms") govern your access to and use of the website located at lightninglabs.io and any subdomains or subpages, including Prospect Engine (collectively, the "Website"), operated by Lightning Labs ("we," "us," "our"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, do not use the Website.
These Terms govern only your use of the Website. They do not govern the provision of design, development, hosting, or other professional services. Any such services are governed by a separate written agreement between you and Lightning Labs.
You must be at least 18 years old to use this Website. By using the Website, you represent that you are of legal age to form a binding contract and meet all eligibility requirements. If you are using the Website on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.
The Website provides information about Lightning Labs and its products and services, including Prospect Engine. The Website allows visitors to:
We may add, modify, or remove features at any time without notice.
You agree to use the Website only for lawful purposes and in compliance with these Terms. You agree not to:
We reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by law.
All content on the Website, including text, graphics, logos, images, code, designs, and software (collectively, "Content"), is owned by Lightning Labs or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. The Lightning Labs name, logo, and any related product names are trademarks of Lightning Labs.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Website for personal, non-commercial use. This license does not permit you to:
This license terminates automatically if you violate any of these restrictions.
If you submit any content to us through the Website (e.g., through a contact form, comment, or feedback submission), you grant Lightning Labs a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, and distribute that content for the purpose of providing services and improving our offerings. You represent that you own or have the necessary rights to the content you submit and that it does not violate any third party's rights.
The Website may contain links to third-party websites or services that are not owned or controlled by Lightning Labs. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Lightning Labs is not responsible or liable for any damage or loss caused by your use of any third-party websites or services.
THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, LIGHTNING LABS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
Any information, examples, case studies, or results displayed on the Website are illustrative only and do not constitute a guarantee of any specific outcome. Past performance does not guarantee future results.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LIGHTNING LABS, ITS OWNERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. To the extent such exclusions or limitations are not enforceable in your jurisdiction, the above limitations will apply to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless Lightning Labs and its owners, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
We reserve the right to terminate or suspend your access to the Website at any time, without notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the Website will be brought exclusively in the state or federal courts located in Orange County, California, and you consent to the personal jurisdiction of such courts.
Before filing any formal legal action, you agree to first attempt to resolve the dispute informally by contacting us at hello@tuskcreativestudios.com. We will attempt to resolve the dispute through good-faith negotiation within 30 days of receiving your notice.
If we cannot resolve the dispute informally, you and Lightning Labs agree that any dispute arising out of or relating to these Terms or the Website will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Orange County, California, and judgment on the arbitration award may be entered in any court of competent jurisdiction.
You and Lightning Labs agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Lightning Labs.
Notwithstanding the above, either party may seek injunctive or other equitable relief in court for any actual or threatened violation of intellectual property rights or unauthorized access to the Website.
We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. Material changes will be communicated through the Website or by email where appropriate. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms.
If you do not agree to the revised Terms, you must stop using the Website.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lightning Labs regarding your use of the Website and supersede any prior agreements or understandings. Any separate written agreements for professional services (such as web development, hosting, or care plans) remain governed by their own terms and are not modified by these Terms.
The failure of Lightning Labs to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver of any term will be deemed a further or continuing waiver of such term or any other term.
For questions about these Terms or to send a formal notice, reach out at any time:
Send your question, dispute notice, or legal inquiry to the address below. We aim to respond within 5 business days.
hello@tuskcreativestudios.com