Welcome to the lighthouse International, Inc. (“Lighthouse”) website!  Through this website, we provide a platform that helps to connect individuals with professionals in various industries for purposes of seeking and providing career advice and coaching through live video chat sessions (such platform, the “Service”).  These Terms of Use (this “Agreement”) applies to users who visit and use the Service (collectively or individually “Users”), whether through their employer in connection with a separate contract between Lighthouse and the employer (such Users, “Corporate Users”) or on an individual basis by signing up on the Site (such Users, “Individual Users”).  Please read this Agreement carefully, as it (among other things) requires (in Section 19) you and Lighthouse to arbitrate certain claims instead of going to court and requires that there will not be class actions claims, and also provides for your consent to having your video chat sessions be recorded and used by Lighthouse (in Section 7.4).  

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BY REGISTERING FOR A USER ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE ARBITRATION AND CLASS ACTION PROVISIONS OF SECTION 19 AND VIDEO RECORDING PROVISIONS OF SECTION 7.4.  IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CLICK “ACCEPT,” IN WHICH CASE YOU WILL NOT BE ABLE TO USE THE SERVICE, SITE OR APP.

NOTE TO KIDS:  THE SERVICE IS INTENDED FOR ADULTS AT LEAST 18 YEARS OF AGE. By using the Service, you represent and warrant that you are at least 18 years old.  

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1. Privacy Policy.  Lighthouse’s Privacy Policy, found at https://www.thelighthouse.us/privacy-policy, is hereby incorporated into this Agreement.  Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

2. Individual Features and Services.  When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services, offers and features which may be posted from time to time (the “Guidelines”).  All such Guidelines are hereby incorporated by reference into this Agreement.  Please note that additional and/or different conditions and terms of use may apply to media or services provided through one or more of our partners or business associates, and you should refer to those before using such services.

3. Modification.  Lighthouse may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time, where such Changes will be effective with respect to existing users: (i) thirty (30) days after Lighthouse provides notice of the Changes, whether such notice is provided through the Service user interface, sent to the e-mail address associated with your user account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.  If you provide written notice that you do not accept a proposed Change or decline to expressly agree to a proposed Change, Lighthouse may (in its sole discretion) either allow continued use of the Service under the terms and conditions of the existing Agreement without the Changes or terminate this Agreement and your use of the Service. 

4. Ownership; Proprietary Rights.  The Service is owned and operated by Lighthouse.  The videos, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Service (“Lighthouse Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.  All Lighthouse Materials are the property of Lighthouse or its subsidiaries or affiliated companies and/or third-party licensors.  All trademarks, service marks, and trade names are proprietary to Lighthouse or its affiliates and/or third-party licensors.  Except as expressly authorized by Lighthouse, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Lighthouse Materials.

5. Services.  

   1. Service Generally. The Service allows you to (a) request and engage in a video chat session on demand with (to the extent available) another User who has professional experience that is of interest to you (any such other User or you acting in such capacity, an “Insider”) for purposes of seeking information and coaching relating to that  professional experience (a “Session”) and (b) accept requests to host Sessions as an Insider with other Users seeking information and coaching relating to your  professional experience (any such other User or you acting in such capacity, an “Advice Seeker”). Users may be Insiders or Advice Seekers. As a User, you agree to only engage in Sessions for your personal purposes and agree not to record, copy, redistribute, broadcast, publicly perform or publicly display any such Session, except as allowed by this Agreement.  

   2. Content.  The content of any particular Session is in the discretion of the applicable Users, and Lighthouse does not direct or control such content or any communications between Users, or the behavior of any User, in any fashion.  You acknowledge that you may be exposed to material, behavior or communication that you find objectionable in the course of engaging in a Session and that Lighthouse shall have no liability in connection therewith. Lighthouse makes no representation or warranty regarding Sessions or the results of engaging in a Session, including without limitation that your experience with another User will meet your expectations or goals.  If you wish to register a complaint regarding any User, please contact Lighthouse at yourfriends@thelighthouse.us. 

6. Payment.  Corporate Users acting as Advice Seekers may engage in the number of Sessions paid for by their employer.  Individual Users acting as Advice Seekers using the Service must pay for Sessions in accordance with this Section 6.  

   1. Method of Billing.  Individual Users pay for Session participation in accordance with the fees listed in the Service user interface at the time the Session is scheduled.  Lighthouse may also offer use of the Service through other payment plans, such as monthly subscriptions. To the extent use of the Service is offered through other payment plans, additional terms and conditions (as displayed to you at the at the time of purchase or contained in an updated version of this Agreement) may apply.  All payments are processed by our third party payment processing service provider, and no credit card numbers are received or stored by Lighthouse.  

   2. Refunds.  Payments for Sessions are non-creditable and non-refundable, except solely in the instance where an Insider fails to attend a scheduled Session.  In such event, please contact Lighthouse at yourfriends@thelighthouse.us.  A refund request must be received by Lighthouse within thirty (30) days of the charge in order to be considered.  

   3. General.  All fees are payable in U.S. dollars.  Fees displayed to you are exclusive of any taxes that may be due in connection with such fees, and you agree to pay any such taxes that may be due, other than taxes based on Lighthouse’s net income.  You also agree to pay Lighthouse any costs and expenses incurred by Lighthouse, including reasonable attorneys fees, in recovering any fees due hereunder.

7. Video Chat Sessions

   1. Hardware and Software.  Engaging in a Session requires compatible hardware and may require the download and installation of specified software.  You are solely responsible for acquiring and installing any such hardware and software and for determining compatibility with your system, and hereby assume all risk and liability associated with such hardware and software.  You acknowledge that it is your responsibility to review and comply with all applicable license agreements and other terms and conditions relating to all software you use in connection with Sessions and the Service generally.

   2. Prohibited Behavior in Sessions.  In connection with your participation in any Session, you agree not to engage in any activity (i) that would infringe, misappropriate or violate any third party intellectual property rights, (ii) that shares confidential information of a third party for which you are subject to obligations of confidentiality and non-disclosure, or (iii) that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate.  You agree to engage in Sessions for the sole purpose of seeking or providing career advice and coaching. You agree not to use the Service to solicit or recruit other Users for employment, consulting or other engagement outside of the Service. Lighthouse may, at any time, remove any User that in the sole judgment of Lighthouse violates this Agreement.  To report any inappropriate activity with respect to a Session, please e-mail Lighthouse at yourfriends@thelighthouse.us.  

   3. False Information by User.  In connection with your use of the Service, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage Lighthouse or any third party; (ii) submit material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; or (iii) post advertisements or solicitations of business.  Lighthouse does not endorse any opinion, recommendation, or advice expressed by any Users, and Lighthouse expressly disclaims any and all liability in connection with such opinions, recommendations or advice.  You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Lighthouse with respect thereto. 

   4. Recording; Content.  Sessions may be recorded or monitored by Lighthouse through our third party video chat service provider.  You hereby consent to: (i) the monitoring or recording of any Session you engage in, including your likeness therein; (ii) Lighthouse copying and using such recordings for any business purpose, including without limitation for purposes of Insider evaluation, dispute resolution and improving the Service; (iii) such recording being made available to the other party to the Session; (iv) such recording being used by Lighthouse for advertising and marketing purposes; (v) such recordings being made available for you to review, (vi) such recording being used or disclosed by Lighthouse to the extent required by law or legal process or to the extent Lighthouse deems necessary for purposes of enforcing or protecting its rights or the rights of a third party.  You hereby waive any rights of publicity, privacy or other rights under applicable law to the extent such rights could be used to prevent Lighthouse from using Session recordings as contemplated hereunder, and hereby grant a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license under any intellectual property rights you may have in or to any Session recording or content therein to Lighthouse to copy, modify, distribute and use such recording and content for its business purposes or as required by law or legal process.  

8. Account Data.  

   1. Registration.  In order to use the Service, Users must register and create an account.  You agree that the information you provide, at all times, will be true, accurate, current, and complete.  You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be requested to link your LinkedIn profile with your account. You hereby consent to Lighthouse accessing and reproducing the information published your LinkedIn profile.

   2. Password.  When you register you will be asked to provide a password.  As you will be responsible for all charges and other activities that occur under your password, and you agree to keep your password confidential.  You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Lighthouse.  You may be liable for the losses incurred by Lighthouse or others due to any unauthorized use of your account. 

   3. Personal Use.  Your Lighthouse account is for your use only.  You agree not to share your user name and password or otherwise permit any other person to access or use your Lighthouse account.  

9. Prohibited Uses.

   1. Unlawful Use.  As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.  Access to the Lighthouse Materials and the Service from territories where its contents are illegal is strictly prohibited.  Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, e-mail, or privacy.  

   2. Unauthorized Use.  You may not use the Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Service.  You may not intentionally interfere with or damage the operation of the Service, or any other person’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.  You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service.  You may not attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service, or any activities conducted on the Service.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.  

   3. Robots.  The Site may contain robot exclusion headers.  You agree that you will not use any robot, spider, scraper, or other automated means to access the Service, for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.

   4. Trademark Restrictions.  You may not utilize framing techniques to enclose any trademark, logo, or other Lighthouse Materials without our express written consent.  You may not use any Lighthouse logos, graphics, or trademarks, including as part of any meta tags or any other “hidden text,” without our express written consent, except as permitted in this Agreement.

10. Role-Specific Provisions.

    1. Provisions Specific to Advice Seekers. As an Advice Seeker, you can use the Service to request and engage in Sessions with Insiders. If and to the extent you use the Service as an Advice Seeker:

       1. You acknowledge and agree that Sessions are subject to Insider availability, and Lighthouse does not guarantee that any particular (or any) Insider will be available at any given time.   

       2. You acknowledge and agree that all Insiders are independent contractors offering their services directly to Advice Seekers via the Service and are not employees or agents of Lighthouse.  Lighthouse requires all prospective Insider to submit their LinkedIn profile and/or a resume outlining their professional experience.  You acknowledge that Lighthouse has no duty to verify any stated credentials, experience or qualifications of any Insider, and that Lighthouse is under no obligation to conduct any screening of Insiders.  You acknowledge that Lighthouse is not responsible for the conduct of any Insider.

       3. You acknowledge and agree that  Insiders may take notes specific to you that relate to your interests, gender, age and other information that may be discussed during the Session.  Lighthouse personnel and subsequent Insiders may view, utilize and add to the notes.

       4. You acknowledge and agree that you are solely responsible for any interactions with Insiders that you contact or that contact you. You understand that there are risks inherent in dealing with unknown people or entities who may be acting under false pretenses, and that to mitigate such risks, you should only share personal information that you are comfortable disclosing to Insiders and other Users.

       5. You acknowledge and agree that you are transmitting, displaying and sharing your personal information at your own risk, and that Lighthouse cannot guarantee that any information you share through the Service will be held in confidence or used for its proper purpose. 

    2. Provision Specific to Insiders. As an Insider, you can use the Service to host Sessions with Advice Seekers. If and to the extent you use the Service as an Insider:

       1. You acknowledge and agree that you are an independent contractor offering your services directly to Advice Seekers via the Service and are not an employee or agent of Lighthouse. Lighthouse is under no obligation to compensate you for any Session or any services provided via the Service. You shall not hold yourself out as having authority to make contracts or promises on behalf of Lighthouse or any other party.

       2. You hereby grant to Lighthouse the right to distribute your information to potential Advice Seekers, in a curated fashion and without restriction, and you acknowledge that your information may be widely disseminated and viewed by large numbers of people;

       3. You acknowledge and agree that any relationship you enter into with an Advice Seeker or with Lighthouse will be short -term and will be limited to the extent needed to complete a particular Session. You further acknowledge and agree that Lighthouse disclaims all responsibility for providing you with any specific volume of Sessions or any work relating to your use of the Service.

       4. You represent and warrant to Lighthouse that any information you provide in your LinkedIn profile, resume, your profile or in any other manner through the Service is complete and accurate and will be updated from time to time to remain complete and accurate while you are a User of the Service.

       5. You represent and warrant to Lighthouse that you will not share inaccurate, false or misleading information in a Session or otherwise in connection with the Service and that your use of the Service will comply with applicable law.

11. Communications.  Under this Agreement, you consent to receive communications from Lighthouse electronically.  We will communicate with you by e-mail or by posting notices on the Service.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

12. Availability of Service.  Lighthouse may make changes to or discontinue any of the media, products or services available within the Service at any time, and without notice.  The media, products or services on the Service may be out of date, and Lighthouse makes no commitment to update these materials on the Service.  

13. Notice.  Except as explicitly stated otherwise, legal notices shall be served on Lighthouse by internationally recognized overnight courier and be sent to 81 Prospect Street, Brooklyn, NY 11201 and shall be served on you to the e-mail address or mailing address you provide to Lighthouse during the registration process.  Notice shall be deemed given to Lighthouse upon delivery by the courier, and given to you (if sent by e-mail) 24 hours after the e-mail is sent unless Lighthouse is notified that the e-mail address is invalid or (if notice is sent by mail) five (5) days after mailing.

14. Member Disagreements.  You alone are responsible for your involvement with other Users.  Lighthouse reserves the right, but has no obligation, to monitor disagreements between you and other Users. 

15. Violations; Termination.  You agree that Lighthouse, in its sole discretion and for any or no reason, may terminate this Agreement, any account (or any part thereof) you may have at the Service or your use of the Service, and remove and discard all or any part of your account at any time.  Lighthouse may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice.  You agree that any termination of your access to the Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Lighthouse shall not be liable to you or any third-party for any such termination.  Lighthouse does not permit copyright infringing activities on the Service, and reserves the right to terminate access to the Service, and remove all content submitted, by any persons who are found to be repeat infringers.  Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities.  These remedies are in addition to any other remedies Lighthouse may have at law or in equity.  

16. Disclaimers; No Warranties.  THE SERVICE AND ANY MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIGHTHOUSE, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  

    1. LIGHTHOUSE, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    2. LIGHTHOUSE, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.

       1. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

17. Indemnification; Hold Harmless.  You agree to indemnify and hold Lighthouse, and its affiliated companies, and its suppliers, licensors and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Service, violation of the rights of any other person or entity, or any breach of this Agreement.  Lighthouse reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

18. Limitation of Liability and Damages.  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LIGHTHOUSE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE LIGHTHOUSE MATERIALS ON THE SERVICE, THE SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH LIGHTHOUSE, EVEN IF LIGHTHOUSE OR A LIGHTHOUSE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH CASES, LIGHTHOUSE’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

    1. IN NO EVENT SHALL LIGHTHOUSE’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU HAVE PAID TO LIGHTHOUSE HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM AND (B) FIFTY (50) U.S. DOLLARS.

       1. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN LIGHTHOUSE AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SERVICE.

19. Arbitration.  

    1. Agreement.  This Section 19 is referred to herein as the “Arbitration Agreement.”  The parties agree that any and all controversies, claims, or disputes between you and Lighthouse arising out of, relating to, or resulting from this Agreement, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies).  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

    2. Class Action Waiver.  THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

    3. Procedures.  Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures (the "AAA Rules"), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 18.  You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against Lighthouse.  

    4. Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Lighthouse may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.

    5. Governing Law.  The arbitrator will decide the substance of all claims in accordance with the laws of the state of New York, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Service users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.

    6. Costs of Arbitration.  Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Rules.  Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.

    7. Confidentiality.  All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

    8. Severability.  If a court decides that any term or provision of this Arbitration Agreement other than Section 19.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court decides that any of the provisions of Section 19.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.

20. Miscellaneous.  This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to this Agreement or the Service that is not subject to mandatory arbitration under Section 19 shall be filed only in the state or federal courts in the Southern District of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision.  The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same.  A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.  If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lighthouse without restriction.  Sections 1, 2, 4, 5.2, 6, 7, and 9 through 21 will survive any termination of this Agreement.  The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.  This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement or Guidelines made by Lighthouse as set forth in Section 3 above.

21. More Information; Complaints.  The services hereunder are offered by Lighthouse, with mailing address at 81 Prospect Street, Brooklyn, NY 11201, e-mail: yourfriends@thelighthouse.us.