Website Terms of Use

Last Update: 04-25-24

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is owned and operated by Lightopia and its affiliates or related entities (“Lightopia,” “we,” “our,” and “us”). All users of this website (“you,” and “your”) and its related services and webpages (collectively, the “Site”) agree that access to and use of this Site are subject to the following terms of use (the “Terms of Use”), the Privacy Policy, other documents referenced herein, and applicable law. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE. BY ACCESSING, BROWSING, OR OTHERWISE USING THIS SITE, YOU ARE AGREEING TO YOUR ACCEPTANCE OF THESE TERMS OF USE. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary rights, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder, whether on behalf of yourself or any entity that you represent.

THESE TERMS OF USE CONTAIN A CLASS ACTION WAIVER, JURY TRIAL WAIVER, A CONTRACTUAL LIMITATIONS PERIOD, AND A BINDING ARBITRATION PROVISION. PLEASE SEE THE ARBITRATION AGREEMENT SECTION FOR ADDITIONAL DETAILS AND REVIEW CAREFULLY.

We reserve the right at any time to change: (i) these Terms of Use; (ii) this Site, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available; (iii) the equipment, hardware or software required to use and access this Site, and (iv) prices for items available on the Site. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site, or any items available on the Site.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Site. Your continued use of this Site after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.

You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful purposes and are prohibited from using this Site in a manner that is contrary to or in violation of these Terms of Use.

JURISDICTION. If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms of Use, you may not enter into this agreement or use this Site.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site.

By using this Site, you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed.

We make no—and you acknowledge that we make no—representation that materials on this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other item provided.

GENERAL CONDITIONS AND DISCLAIMERS. We reserve the right to refuse service and/or access to the Site to anyone at any time.

Lightopia shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Site or the services which make this Site available or electronic communications sent by Lightopia will be available and free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to item descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right, but are not obligated, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Notwithstanding the above, we undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

PRIVACY. Lightopia is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy practices and how we collect, use and disclose the personal information of those individuals who visit this Site. Please see our Privacy Policy for further information.

PERSONAL USE ONLY. This Site is only for personal or internal business use. You may not use this Site in any way that is unlawful or that violates these Terms of Use, as determined in our sole discretion.

USER ACCOUNTS AND ACCURACY OF INFORMATION. All of the information you provide to Lightopia or that we collect from you in connection with your use of the Site will be governed by these Terms of Use and our Privacy Policy. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your account and your ability to use this Site and, in our sole discretion, to report you to the appropriate authorities.

USER GENERATED CONTENT. The Site may allow you to submit, communicate, upload, or otherwise make available ideas, suggestions, messages, documents, proposals, photographs, audio, video, and other content (“User Content”), which may be accessible and viewable by other users of the Site and used by Lightopia in providing you the Site and services. You alone are responsible for your User Content, and once published, it cannot always be withdrawn. You assume all risks associated with your User Content, including anyone’s reliance on its accuracy and your right to publish it. You represent that you own or have the necessary permissions to use and authorize the use of your User Content as described herein. You are prohibited from implying that your User Content is in any way sponsored or endorsed by Lightopia.

You may not submit or upload User Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, lewd, offensive, indecent, obscene, pornographic, or otherwise offensive (such User Content, “Offensive User Content”). You agree that you will not use the Site (or any features therein) to publish or disseminate or allow any other person to publish, republish, or disseminate, any Offensive User Content, nor use profanity in any posting to any Site.

You may also expose yourself to liability to Lightopia or third parties if, for example, your User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

We may use your User Content in a number of different ways, including publicly displaying and reformatting it. As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, transferable rights to use your User Content for any purpose associated with the operation of the Site and for our internal tracking, reporting, and data analysis purposes, without limit as to time, manner, and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. You also irrevocably grant the users of the Site the right to access your User Content in connection with their use of the Site. Finally, you irrevocably waive, and cause to be waived, against Lightopia and its users, any claims and assertions of moral rights or attribution with respect to User Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of User Content.

We reserve the right to remove, screen, edit, or reinstate your User Content from time to time at our sole discretion and without notice to you. By submitting User Content to Lightopia through its suggestion or feedback webpages, via email, or otherwise, you acknowledge and agree that: (a) User Content does not contain confidential or proprietary information; (b) Lightopia may have something similar to the User Content already under consideration or in development; and (c) Lightopia has no obligation to retain or provide you with copies of User Content, nor do we guarantee any confidentiality with respect to your User Content.

You understand that User Content and account information may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

CODE OF CONDUCT. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Lightopia's computer systems, or perform functions that you are not authorized to perform pursuant to these Terms of Use. While using this Site you agree to comply with all applicable laws, rules, and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander, or defamation). You shall not interfere with or disrupt the Site, our servers or our networks, or take any action that imposes unreasonably or disproportionately large load on our infrastructure.

COPYRIGHT. The content of the Site is protected by international copyright. The contents of this website may not be copied or redistributed in any form without the owner's permission.

TRADEMARKS. All trademarks, service marks and trade names of Lightopia used in the Site are trademarks or registered trademarks of Lightopia.

AVAILABILITY. While we endeavor to keep downtime to a minimum, we cannot promise that this Site will be uninterrupted, secure, or error-free. We reserve the right to interrupt or suspend this Site, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site.

CURRENCY OF WEBSITE. Lightopia updates the information on this Site periodically. However, Lightopia cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on this Site. Lightopia may revise, supplement or delete information, services and/or the resources contained in this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

LINKED WEBSITES AND LINKING TO THIS SITE. This Site may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Lightopia monitors or endorses these websites or their respective practices. Lightopia does not accept any responsibility for such websites. Lightopia shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources. These Terms of Use and our Privacy Policy do not apply to your use of any third-party websites, so be sure to review any applicable terms and policies of third-party sites.

If you operate a website and wish to include a link to the Site: the link must be clearly marked; the link and its use must be in connection with a website of appropriate subject matter; the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Lightopia’s names or trademarks; and the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by Lightopia. We reserve the right to revoke consent to link to the Site at any time in our sole discretion, whether by amending these Terms of Use or through other notice.

FRAUD PROTECTION. Lightopia makes every effort to protect itself and our customers from any form of consumer fraud. Should we determine it is necessary to perform a verification check, we have an automated system that will place a small authorization on your credit card - not a charge - and email you a request to verify the amount. Your order will be placed on hold until we receive that verification. In addition, we must receive a valid authorization from your credit card company in order to process your order. You will be contacted immediately if we discover any discrepancies.

INTERNET SOFTWARE OR COMPUTER VIRUSES. Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.

Lightopia shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any user materials or other content from this Site. Lightopia recommends that you install appropriate anti-virus or other protective software.

OWNERSHIP AND OUR MATERIALS. This Site is owned and operated by Lightopia in conjunction with others pursuant to contractual arrangements.

Unless otherwise specified, all materials appearing on this Site, including the text, site design, logos, graphics, icons, audio or video files, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of Lightopia and its licensors and/or its suppliers. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of Lightopia or any third party is prohibited and may be prosecuted to the fullest extent of the law. No licenses, express or implied, are granted by Lightopia to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Lightopia and all such rights are reserved and retained by Lightopia. ALL RIGHTS RESERVED.

Lightopia may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials and accompanying data) (collectively " Lightopia Materials") available to you from this Site, from time to time. If you download or use Lightopia Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Lightopia's prior written permission, and (iii) shall only be used in compliance these Terms of Use and with any additional license terms accompanying such materials. Lightopia does not transfer either the title or the intellectual property rights to the Lightopia Materials and retains full and complete title to the Lightopia Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Lightopia Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled Lightopia Materials into a human-perceivable form. Lightopia or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

This Site, (including its organization and presentation and Lightopia Materials) is the property of Lightopia and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights. The trademarks, service marks and logos used on this site (“Trademarks”) are registered or unregistered Trademarks of Lightopia. Nothing on this Site shall be construed as granting (by implication, estoppel, or otherwise) any license or right to use any Trademark without the prior written consent of Lightopia or any third party that owns a Trademark displayed on the Site. Lightopia makes no claim to the Trademarks of others which may be displayed on the Site.

WARRANTY DISCLAIMER. THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIGHTOPIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LIGHTOPIA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIGHTOPIA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LIGHTOPIA (ITS OFFICIALS, EMPLOYEES, SUPPLIERS, LICENSORS, DIRECTORS, SHAREHOLDERS, PARTNERS, AND AGENTS) BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER SIMILAR DAMAGES, IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OR INABILITY TO USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THIS SITE, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100.00). SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION. You agree to, upon request, defend, indemnify and hold us harmless from any and all liabilities, claims, losses and expenses, including attorneys' fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Use for which you are responsible; (2) your use of this Site; or (3) your violation, infringement, or misappropriation of the rights of any party, including without limitation, any such party’s intellectual property, proprietary, privacy or other rights of any party. Lightopia reserves, and you grant to us, the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Lightopia. This indemnification section will survive any termination or expiration of these Terms of Use.

CONTACTING LIGHTOPIA. If you need to contact us regarding this Site or these Terms of Use, please contact us using the information below:

Address: 440 Monticello Ave Ste1802 PMB 19023

Norfolk, VA 23510-2670

Email: [email protected]

DISPUTES—ARBITRATION AGREEMENT; CLASS ACTION WAIVER; JURY TRIAL WAIVER.

PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THIS SECTION REQUIRES BINDING INDIVIDUAL ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT, AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE. THIS SECTION INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER.

You and Lightopia (each, a “Party,” together, the “Parties”) hereby agree and consent that any claim, controversy, or dispute related to or arising out of access to and use of the Site, our marketing or communication with you, these Terms of Use (including the breach hereof), any promotions offered by Lightopia, or telephonic outreach, whether based in contract, tort, statute, or other legal theory (“Disputes”), will be resolved by binding individual arbitration as described below. This agreement to arbitrate, including the related procedures and terms set forth below, shall be known as the “Arbitration Agreement.” To the extent permissible by law, Disputes include, but are not limited to, disputes that arose before this or any prior agreement (including, but not limited to, disputes relating to advertising or privacy); disputes that would otherwise be subject to pre-existing class action litigation for which you may be a putative class member; and disputes that may arise after the termination of these terms. Except as otherwise stated herein, arbitration shall be your exclusive remedy for all Disputes.

The provisions of this “Disputes” section apply to you and Lightopia and its affiliates and related entities. This entire section shall survive termination of this agreement or the parties’ relationship or the end of your use of the Site.

Class Action Waiver

You and Lightopia agree that any dispute resolution proceedings shall be conducted in our respective individual capacities only and not in a class, consolidated, collective, or representative action, including any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. The Parties each expressly waive their respective right to file a class action or seek relief on a class basis. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else against us, nor will you seek to become a class representative. Additionally, in any action you initiate against us, any relief you seek will be confined to relief on your own behalf. This paragraph shall be known as the “Class Action Waiver.”

If any court or arbitrator determines that the Class Action Waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes, notwithstanding any severability provisions that otherwise apply to these Terms of Use.

Initiating Arbitration

If you intend to seek arbitration you must first send a written demand for arbitration (“Demand”), by first class mail, FedEx, or UPS within the applicable statute of limitations. This Demand is a prerequisite to, and must be served at least 60 days in advance of, any arbitration filings. Your Demand shall be sent and delivered to Lightopia at 440 Monticello Ave Ste 1802 PMB 19023 Norfolk, Virginia 23510-2670. The Demand must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 60 days after Lightopia’s receipt of the Demand, either party may initiate arbitration proceedings.

A form to initiate arbitration proceedings is available on the American Arbitration Association (“AAA”) site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such a copy to Lightopia at 440 Monticello Ave Ste 1802 PMB 19023, Norfolk, Virginia 23510-2670.

Arbitration Rules and Procedures

Arbitrations shall be administered by AAA in accordance with the AAA Consumer Arbitration Rules, which are available at https://www.adr.org/Rules , including the Mass Arbitration Supplementary Rules in effect on the date such action is commenced. However, you and Lightopia agree to opt out of Rule 9 of the Consumer Arbitration Rules, Small Claims Option for the Parties, and waive the right to return any Dispute to Small Claims Court at any time after the filing of an Arbitration Demand under the applicable AAA rules. Interpretation and enforcement of this Arbitration Agreement will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), provided that if the FAA is found not to apply to any issue of interpretation and enforcement, then the issue shall be resolved under the laws of the State of Virginia.

All AAA arbitration proceedings will be held virtually or in a location reasonably convenient to both parties, consistent with the AAA’s Consumer Arbitration Rules.

Any and all actions taken under this Arbitration Agreement (whether in documents or orally) are confidential and must not be disclosed to any third party, except in connection with the arbitration or a proceeding to enforce or vacate the arbitration award, and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement to binding arbitration, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under the law or in equity. Nothing in this Arbitration Agreement shall be construed as a waiver of either party’s right to seek public injunctive relief, and you and we agree to cooperate to affect the stay of any requests for public injunctive relief. Any arbitral award will be final and binding and may be enforced by any court of competent jurisdiction.

If any court or arbitrator determines that any term in this Arbitration Agreement is unenforceable for any reason as to any claim, then this Arbitration Agreement will be inapplicable to that claim only, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to this Arbitration Agreement.

In any arbitration, the defending Party may make a written settlement offer at any time before the final hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an award. To the extent enforceable, if the Arbitrator’s award is in the defending Party's favor, or in the other Party's favor but is for less than the defending Party's settlement offer, the recipient of the offer must pay the defending Party's costs incurred after the offer was made, including any attorney's fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the Party bringing the Dispute may be entitled.

Special Procedures for Mass Filings

To the extent an arbitration falls within the AAA’s definition of a “mass arbitration,” the Parties agree to be bound by the procedures set forth in the AAA’s Mass Arbitration Supplementary Rules effective on January 15, 2024, as amended thereafter, and that the additional procedures set forth below shall apply, unless the Parties jointly agree otherwise.

The Parties shall each select 25 Disputes per side (50 Disputes total) to proceed in individual arbitrations as part of the first stage in a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the Parties agree otherwise in writing. Any remaining Disputes shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Disputes unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Initiating Arbitration procedures are initiated (so long as the pre-arbitration Demand complies with the requirements herein), until a given Dispute is selected to proceed as part of the staged process herein, or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

After this initial set of staged proceedings is completed, the Parties shall promptly engage in a global mediation session of all remaining Disputes with a retired federal or state court judge and Lightopia shall pay the mediator’s fee. If the remaining Disputes are not resolved at this time, the Parties will continue the same staged process, as set forth in this Special Procedures for Mass Filings section, by arbitrating a maximum of 50 individual Disputes at a time (25 Disputes selected by each Party), until the Parties are able to resolve all of the Disputes, either through settlement or arbitration.

Notwithstanding the provisions herein, in mass arbitrations consisting of more than 50 Disputes total, either party may opt out of arbitration and elect to have the Disputes heard in court.

Exceptions

Notwithstanding the parties’ agreement to resolve all disputes through arbitration (i) either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; and (ii) either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights or confidential information. The route to small claims court shall only be the result of a direct filing by you or Lightopia. As set forth above, a Dispute commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration.

TIME LIMITS. To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY DISPUTE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE APPLICABLE STATUTE OF LIMITATIONS, WHICHEVER IS SHORTER. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a Dispute is considered commenced at the time the Demand (defined above) is sent. To the extent a Dispute is filed in court or arbitration without first providing such notice (which would be contrary to these terms, as set forth above), the Dispute is deemed commenced at the time of such filing.

GOVERNING LAW. Unless otherwise stated herein, these Terms of Use are governed by the laws of the Commonwealth of Virginia, without giving effect to any conflict of laws provisions.

MISCELLANEOUS. Unless otherwise stated herein, if any provision of these Terms of Use are held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions will not be affected or impaired; the terms of these Terms of Use are severable. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Any provisions of these Terms of Use that are intended to survive termination (including, for example, any provisions regarding indemnification and limitation of our liability) will continue in effect beyond any termination of these Terms of Use or of your access to or use of the Site.

These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable or sub-licensable by you except with Lightopia’s prior written consent. These Terms of Use provide only for the use of this Site. These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.