Erika’s Lighthouse Terms of Use
THESE TERMS OF USE (“TOU”) FORM A LEGAL AGREEMENT BETWEEN YOU, THE USER (“You”) AND ERIKA’S LIGHTHOUSE (“Erika’s Lighthouse”) THAT APPLIES EACH TIME YOU REGISTER FOR, USE, OR ACCESS THE ERIKA’S LIGHTHOUSE’S WEBSITE AVAILABLE AT https://www.erikaslighthouse.org/ AND ITS ASSOCIATED FEATURES AND CONTENT (the “Site”). YOU SHOULD THEREFORE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND ITS FUNCTIONALITY. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY.
License Grant and Restrictions
This TOU provides to You a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Site during the Term specified herein solely for Your personal, non-commercial, internal use, conditioned on Your continued compliance with all provisions of this TOU (including without limitation any external terms and documentation linked or referenced herein).
When using the Site in accordance with the foregoing license, You shall not directly or indirectly (a) use the Site to create any service, software or documentation that performs substantially the same functionality as the Site, (b) disassemble, decompile, reverse-engineer, or use any other means to attempt to discover any source code, algorithms, trade secrets, or applications underlying the Site or any of its webpages, content, or features, (c) encumber, sublicense, transfer, distribute, rent, lease, time-share, or use the Site in any service bureau arrangement or otherwise for the benefit of any third party, (d) adapt, combine, create derivative works of, or otherwise modify the Site, (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Site, (f) use or access the Site for any unlawful, fraudulent, deceptive, tortious, malicious, or otherwise harmful or injurious purpose, (g) remove, obscure, deface, or alter any proprietary rights notices on any element of the Site or accompanying documentation, or (h) use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any third party’s authorized use of the Site.
User Obligations
You represent that You are (1) at least eighteen (18) years of age or the legal age of majority in Your jurisdiction (whichever is greater), or (2) are a parent or guardian entering into this TOU on behalf of an individual who is under 18 who will be using the Site, and will, at all times, provide true, accurate, current, and complete information (which You have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information through the Site. In addition, You are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and data security with respect to Your use of the Site. If You access the Site on behalf of any organization, Your organization shall be bound to this TOU and be liable for any breach by You. You represent that You have all rights, power, and authority to agree to this TOU on behalf of Your organization.
The Site is not intended for use or access by any individual under the age of thirteen (13) years.
Your Account
You may be required to register an account to use the Site or certain features of the Site. Each registration is for a single user only, unless otherwise expressly agreed by Erika’s Lighthouse. Registration for access to and use of the Site may also require access credentials, such as a username and a password, a unique identification code, or adherence to other access requirements as designated by Erika’s Lighthouse in its sole discretion from time to time. You hereby agree to treat Your access credentials as confidential and not to disclose such information to any third party without the prior express written consent of Erika’s Lighthouse, which may be granted or withheld in its sole discretion. You shall immediately notify Erika’s Lighthouse if You suspect or become aware of any loss, theft, or unauthorized use of Your login credentials. Erika’s Lighthouse will not be liable for any loss or damage arising from Your failure (whether intentional or unintentional) to comply with these obligations. By submitting the requested information to the registration form or similar process on the Site, You represent and warrant that the information You submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update Your submitted account information to ensure that such information is complete, true, accurate, and current. Erika’s Lighthouse reserves the right to suspend, terminate, or otherwise discontinue Your account and/or pending registration if Erika’s Lighthouse has reasonable grounds to suspect that any information You have submitted is untrue, inaccurate, not current, or incomplete, or that Your registration, account, or use of the Site is in violation of applicable law or this TOU.
Data Privacy
You understand, acknowledge, and agree that the operation of certain features of the Site may require or involve the provision, use, and dissemination of various items of personally identifiable information, including without limitation personal contact information. Please refer to Erika’s Lighthouse’s Privacy Policy, available at https://erikaslighthouse.org/privacy-policy/ (as updated from time to time), for a summary of Erika’s Lighthouse’s policies and use practices regarding personally identifiable information.
Electronic Communications
Erika’s Lighthouse may send emails or other electronic messages to You concerning Your use of the Site, including without limitation by providing alerts or notifications within the Site. You consent to receive such electronic communications and You agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.
Feedback
“Feedback” means any feedback, recommendations, enhancement requests, suggestions, testimonials, endorsements, or ideas for improvement communicated to Erika’s Lighthouse by You regarding the Site. From time to time, You may voluntarily provide Feedback to Erika’s Lighthouse, whether or not in response to specific requests or solicitation by Erika’s Lighthouse. In such event, You grant to Erika’s Lighthouse a perpetual, irrevocable, fully transferable, freely sublicensable, royalty-free, worldwide license to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback for any purpose in Erika’s Lighthouse’s discretion without restriction. The foregoing license to Feedback shall survive the termination or expiration of this TOU for any reason.
Submissions
Certain features of the Site may permit You to upload, post, display, transmit, or otherwise provide certain information or content to the Site (each a “Submission” and collectively “Submissions”). You hereby grant to Erika’s Lighthouse a royalty-free, fully transferable, fully sublicensable license to use, display, copy, perform, reproduce, modify, record, distribute, and create derivative works of Submissions in connection with: (i) Erika’s Lighthouse’s operation of the Site and its features and functionalities; (ii) Erika’s Lighthouse’s development, promotion, and implementation of its programs, events, and content; and (iii) Erika’s Lighthouse’s research, development, and other non-profit operations.
To the extent that a Submission includes Your name, likeness, image, voice, and/or performance (collectively, “Likeness Rights”), You also grant to Erika’s Lighthouse a royalty-free, fully transferable, fully sublicensable, perpetual, irrevocable, worldwide license to use, reproduce, and distribute such Likeness Rights in connection with Erika’s Lighthouse’s exercise of its rights to the Submissions as set forth above.
In addition, You agree that You will not upload, post, display, or transmit any Submission(s) that:
(a) are illegal, defamatory, deceptive, fraudulent, discriminatory, tortious, obscene, pornographic, or otherwise objectionable;
(b) infringe, misappropriate, or otherwise violate the personal or proprietary rights of others;
(c) contain any virus, malware, worm, Trojan horse, disabling device, or any other harmful or malicious script, code, or tool;
(d) impersonates any person or entity or falsely states or otherwise misrepresents Your affiliation with a person or entity;
(e) unsolicited communications, promotions, or advertisements, or spam;
(f) harms, harasses, threatens, or violate the rights of any third party, or promotes, provokes, or incites violence; or
(g) constitutes false advertising, false endorsement, or is otherwise false, misleading, or likely to cause consumer confusion.
Erika’s Lighthouse may screen, review, edit, moderate, or monitor Submissions from time to time at its discretion, but has no obligation to do so. In any event, Erika’s Lighthouse is not responsible for Your or any other user’s Submissions, and shall have no liability or responsibility for the quality, content, accuracy, legality, or effectiveness of any Submissions.
By uploading, posting, displaying, transmitting, or otherwise providing a Submission to the Site, You represent and warrant that: (i) You possess all legal rights required to upload, post, display, and/or transmit each Submission and permit Erika’s Lighthouse to use such Submission as set forth herein (including without limitation any necessary third-party license rights or required consents under applicable law); (ii) each Submission is in full compliance with all applicable laws and regulations; and (iii) Your Submissions do not infringe, misappropriate, or otherwise violate the personal or proprietary rights of any third party.
DMCA Notice/Procedure for Claims of Copyright Infringement:
If a user of the Site has a good faith belief that its work has been copied, reproduced, displayed, or published on the Site in a way that constitutes copyright infringement, or that its intellectual property rights have been otherwise violated, said user can submit a “Notice of Claimed Infringement” to Erika’s Lighthouse’s designated agent registered at the U.S. Copyright Office (see contact information in this section, below) for receipt of such notices, by providing such agent with the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- identification or description of the copyrighted work or other intellectual property that they claim has been infringed (and, if not copyright, the specific type of intellectual property asset infringed (trademark, patent, trade secret, etc.));
- identification or description of where the material that they claim is infringing is located on Site, with enough detail that Erika’s Lighthouse may find it on the Site;
- user’s address, telephone number, and email address;
- a statement by user that they have a good faith belief that the use of the identified material is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by user, made under penalty of perjury, that the information in their notice is accurate and that they are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please note that a user’s Notice of Claimed Infringement must contain all of the above elements to be valid.
Erika’s Lighthouse’s agent designated to receive notices of copyright or other intellectual property infringement may be contacted as follows:
Name: Meade Means
By Mail: 897 1/2 Green Bay Rd, Winnetka, IL 60093
By Phone: 847-386-6481
By Email: meade@erikaslighthouse.org
Erika’s Lighthouse has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or violate the intellectual property rights of others. Erika’s Lighthouse will terminate user accounts that have been the subject of three (3) separate DMCA notices. In the event a user’s materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, Erika’s Lighthouse will treat the underlying DMCA notice as withdrawn.
Erika’s Lighthouse reserves the right to terminate user accounts that are the subject of fewer than three (3) DMCA notices in appropriate circumstances, such as where the user has a history of violating or willfully disregarding the intellectual property rights of others, as determined in Erika’s Lighthouse’s discretion.
Links to Third-Party Sites and Services
Certain services, features, or components made available via the Site are delivered by third-party providers. By using any feature, service, or functionality originating from the Site, You hereby acknowledge and consent that Erika’s Lighthouse may share information and data that You submit or upload to the Site with the applicable third-party provider as may be required to enable and facilitate the requested third-party product, service, or functionality, subject to Erika’s Lighthouse’s Privacy Policy.
ERIKA’S LIGHTHOUSE EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SITE, AND YOU AGREE THAT ERIKA’S LIGHTHOUSE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF OR ACCESS TO SUCH THIRD-PARTY MATERIALS.
Third-Party Terms and Conditions
Additional notices, terms, and conditions may apply to services, receipt of (or access to) certain materials, participation in a particular program, and/or to specific portions or features of the Site, including without limitation the terms of third-party tools, applications, and APIs utilized by or incorporated in the Site. Your use of any such third-party feature, tool, application, or API is conditioned on your acceptance of all third-party terms applicable thereto, and You agree to abide by all such terms in connection with Your use of the Site. You hereby agree that (a) this TOU operates in addition to any terms of use imposed or required by any such third-party provider; and (b) the terms of this TOU supplement and do not alter or amend any such third-party terms of use.
In addition, certain services, features, or components made available on the Site, including without limitation any payment processing features for donations or other payments made on the Site, are delivered by third-party providers. By using the Site, You acknowledge and consent that Erika’s Lighthouse may share such information and data with the applicable third-party provider as may be required to enable and facilitate the requested third-party product, service, or functionality.
ERIKA’S LIGHTHOUSE EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY APPLICATIONS, TOOLS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SITE, AND YOU AGREE THAT ERIKA’S LIGHTHOUSE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY, WHETHER OR NOT FACILITATED BY OR MADE IN CONNECTION WITH THE SITE.
Proprietary Rights
All Erika’s Lighthouse’s and/or its third-party licensors’ data, information, content, and other materials (collectively, “Erika’s Lighthouse Content”) included as part of the Site, any text, graphics, logos, and images associated with the Site, the compilation thereof, and any software or other proprietary materials used on or integrated with the Site, are each the property of Erika’s Lighthouse or its applicable third-party licensors, and are protected by copyright and other domestic and international laws governing intellectual property and proprietary rights. Erika’s Lighthouse reserves all rights in the Site not expressly granted herein.
You agree that You do not acquire any ownership rights in any part of the Site, including of the Erika’s Lighthouse Content, under this TOU or through Your use of the Site. Erika’s Lighthouse does not grant You any rights or licenses, express or implied, to any intellectual property hereunder except as specifically authorized by this TOU.
Indemnification
You agree to indemnify, defend, and hold harmless Erika’s Lighthouse and its officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) Your violation of this TOU, (b) Your infringement, misappropriation, or violation of any personal or proprietary rights of a third party, (c) Your violation of applicable laws, rules, or regulations, and/or (d) your Submissions, including without limitation the quality, content, accuracy, legality, or effectiveness thereof, or any communications, transactions, or results arising therefrom. Erika’s Lighthouse reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Erika’s Lighthouse in asserting any available defenses.
Disclaimers and Excluded Liability
ERIKA’S LIGHTHOUSE DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ERIKA’S LIGHTHOUSE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ERIKA’S LIGHTHOUSE DOES NOT WARRANT THAT THE SITE WILL MEET YOUR EXPECTATIONS, SPECIFICATIONS, OR REQUIREMENTS, OR THAT THE SITE WILL BE FREE OF VIRUSES, MALWARE, OR ERRORS. ERIKA’S LIGHTHOUSE FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING THE LOSS OR CORRUPTION OF DATA UPLOADED TO, STORED BY, OR TRANSMITTED BY THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY ERIKA’S LIGHTHOUSE CONTENT.
IN NO EVENT SHALL ERIKA’S LIGHTHOUSE BE LIABLE HEREUNDER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE), FOR ANY LOSS OR INACCURACY OF DATA, LOSS, OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS AND/OR GOODWILL, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE OR IF ERIKA’S LIGHTHOUSE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF ANY REMEDY PROVIDED HEREIN.
CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THIS TOU, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
No Professional Advice
The content and information contained in or made available through the Site (including but not limited to any Erika’s Lighthouse Content) cannot replace or substitute for the services of qualified professionals in any field, and nothing contained on the Site should be treated or construed as professional medical, psychological, therapeutic, or legal matters or advice. You acknowledge that You are solely responsible and accountable for your decisions, actions, and results regarding personal health, and agree that Erika’s Lighthouse shall not be held liable for any decisions made by You in reliance or with reference to any content or information that You access on the Site.
Term, Termination, and Suspension
This TOU takes effect (or re-takes effect) at the moment You first access or use the Site and/or register an account with the Site, as applicable. Erika’s Lighthouse reserves the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend Your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, the security and stability of the Site, and/or the rights of others. This TOU terminates automatically if You fail to comply with any provision hereof, subject to the survival rights of certain provisions identified below. You may also terminate this TOU at any time by ceasing to use the Site, but each re-access or renewed use of the Site will reapply the TOU to You. Upon termination or expiration of the TOU for any reason, all licenses granted by Erika’s Lighthouse hereunder shall immediately terminate, and You must immediately cease all use of the Site. The provisions of this TOU concerning Erika’s Lighthouse’s proprietary rights, disclaimers of warranty and liability, limitations of liability, waiver and severability, entire agreement, indemnification rights, arbitration, injunctive relief, and governing law will survive the termination of this TOU for any reason.
Erika’s Lighthouse reserves the right, in its sole discretion, to terminate or suspend Your access to the Site or any feature or portion thereof at any time, without notice to You, if Erika’s Lighthouse reasonably determines or suspects that You are in violation of this TOU.
Governing Law and Venue
This TOU is governed by the laws of the State of Illinois, United States of America, without reference to its principles of conflict of laws. The Site may not be used or accessed from or in any jurisdiction that does not give effect to all provisions of this TOU, including without limitation this paragraph. Any claim, suit, or other proceeding arising under or in connection with this TOU shall be brought exclusively before the state and federal courts sitting in the State of Illinois, and You consent to the exclusive jurisdiction of such courts for the final resolution thereof.
Independent Contractors
The relationship between You and Erika’s Lighthouse under this TOU is that of independent contractors, and nothing herein or in Your use of the Site shall be construed as creating any joint venture, partnership, employment, or agency relationship.
Security and Compliance
Erika’s Lighthouse reserves the right to view, monitor, and record Your activity on the Site without notice or permission from You. Erika’s Lighthouse’s provision of the Site is subject to existing laws and legal process, and nothing contained herein shall restrict or reduce Erika’s Lighthouse’s ability to comply with governmental, court, and law enforcement requests or requirements involving Your use of the Site or information provided to or gathered by Erika’s Lighthouse with respect to such use.
Export Controls
You represent and warrant that You are not: (a) located in a country that is subject to a U.S. government embargo; or (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) You will comply with all applicable sanctions and export control laws, and (ii) You are solely responsible for ensuring that the Site is used, disclosed, and/or accessed only in accordance with all applicable sanctions and export control laws.
Severability and Waiver
If any part of this TOU is determined to be invalid or unenforceable pursuant to court order or other operation of applicable law, such provision shall be deemed severed from this TOU, and the remainder of this TOU shall continue in full force and effect to the maximum extent permitted under applicable law.
Failure to insist on strict performance of any of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Erika’s Lighthouse of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Injunctive Relief
You acknowledge that any breach, threatened or actual, of this TOU would cause irreparable injury to Erika’s Lighthouse not readily quantifiable as money damages, such that Erika’s Lighthouse would not have an adequate remedy at law. You therefore agree that Erika’s Lighthouse shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of Your obligations, without the necessity of posting bond or other security.
Changes to Terms
Please note that Erika’s Lighthouse reserves the right to change the terms and conditions of this TOU by posting a revised set of terms, or mailing and/or emailing notice thereof to You (or such other method as may be required by applicable law). In addition, Erika’s Lighthouse may add, modify, or delete any aspect, component, or feature of the Site, including the Erika’s Lighthouse Content, but Erika’s Lighthouse is not under any obligation to provide any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be deemed as conclusive acceptance of any change to the TOU. Accordingly, please review the TOU on a periodic basis.
Contact Us
If You have any questions or comments regarding this TOU, please contact Erika’s Lighthouse at: