Overview

Terms of Use

AGREEMENT TO TERMS OF USE
Please read the following terms and conditions (“Terms of Use”) before using the Lamplighter Financial, LLC (the “Company”) website located at www.lamplighterfinancial.com (the “Website”). Your access to and use of the Website is subject to these Terms of Use and all applicable laws and regulations. The Terms of Use constitute a legal agreement between you and the Company. The Website is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. By accessing and using the Website, you accept, without qualification, these Terms of Use. If you do not approve and accept these Terms of Use without qualification, or if at any time you find these Terms of Use unacceptable, you must exit the Website immediately.  YOU AGREE THAT BY ACCESSING THE WEBSITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Website is for your personal and non-commercial use. The Company grants you a non-exclusive, non-transferable and limited personal license to access and use the Website, conditioned on your continued compliance with these Terms of Use. You may not modify, copy (except as set forth below), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Website. You may not link other websites to the Website without the Company’s prior written permission. You may print one hard copy of the information and download one temporary copy of the information into one single computer’s memory solely for your own personal, non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices are kept intact. You may not allow others to use your user name or password to access or use any part of the Website. If your password has been compromised for any reason, you should contact the Company immediately for a new password (clients@lamplighterfinancial.com). If you provide your password to any third party, you will be solely responsible for any actions taken by such third party using your password. All information on the non-public (i.e., password-restricted) areas of the Website is confidential and private; you may not disclose or distribute such information to any other person for any purpose, and such information is made available solely for your personal use in connection with your investment activities.

You are prohibited from using the Website to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written permission of the Company. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures that we may use to prevent or restrict access to the Website. Any rights not expressly granted herein are reserved.

NO OFFER, SOLICITATION, INVESTMENT ADVICE OR RECOMMENDATIONS
The Website is for informational purposes only and does not constitute an offer to sell, a solicitation to buy or a recommendation of any security, nor does it constitute an offer to provide investment advisory or other services by the Company.  No reference to any specific security constitutes a recommendation to buy, sell or hold that security or any other security.  Nothing contained on the Website constitutes investment advice or offers any opinion with respect to the suitability of any security, and the views expressed on the Website should not be taken as advice to buy, sell or hold any security.  In preparing the information contained on the Website, the Company has not taken into account the investment needs, objectives or financial circumstances of any particular investor.  Any views expressed on the Website by the Company were prepared based upon the information available to the Company at the time such views were written.  Changed or additional information could cause such views to change.  All information is subject to possible correction.  Information may quickly become unreliable for various reasons, including changes in market conditions or economic circumstances.  The information on the Website should not be construed as the Company’s endorsement, recommendation or sponsorship of any company or security. You should evaluate the information made available through the Website, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information contained on the Website.

You acknowledge that any of your requests for information are unsolicited, and any information obtained by you through the Website shall neither constitute nor be construed as investment advice from the Company to you, nor the formation of any investment advisory relationship or any other client relationship between you and the Company, or between you and any of the Company’s affiliates or employees. The Company strongly recommends that you seek outside advice from qualified professionals in connection with interpreting the information found through the Website, or in making any investment decision of any kind. The Company does not guarantee the suitability or potential value of any particular investment or information.

The Company, or its clients, may invest or otherwise hold an interest in companies or securities that may be discussed on the Website.

PAST PERFORMANCE IS NOT COMPARABLE
The information contained on the Website relates almost entirely to the past performance of enterprises and investments.  Future investments, however, will be made under different economic conditions and in different securities and may be made using different investment strategies than were used during the times described herein. Furthermore, the performance discussed herein reflects investment of limited funds for a limited period of time and may not reflect performance in different economic or market cycles. You should not assume that any fund, enterprise or security will experience returns, if any, comparable to those described herein. Past performance simply does not indicate future returns. The performance results have not been compiled, reviewed or audited by an independent accountant unless indicated as such. Results for the current year are based on the internal books and records of each fund, company, or enterprise, and are subject to adjustment when that fund’s financial statements for the current year are audited.

TRUTHFUL INFORMATION
As a condition to your use of the Website, you represent and warrant to, and agree with, the Company, that all of the information that you provide shall be truthful, accurate and complete.

DISCLAIMERS AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE AND SERVICES PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DUE TO VARIOUS FACTORS, INCLUDING THE INHERENT POSSIBILITY OF HUMAN AND MECHANICAL ERROR, THE ACCURACY, COMPLETENESS, TIMELINESS AND CORRECT SEQUENCING OF SUCH INFORMATION, SOFTWARE AND SERVICES AND THE RESULTS OBTAINED FROM THEIR USE ARE NOT GUARANTEED BY THE COMPANY OR ANY PERSONS CREATING OR TRANSMITTING SUCH INFORMATION, SOFTWARE OR SERVICES.

THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE WEBSITE AT ANY TIME WITHOUT NOTICE. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE WEBSITE. IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE COMPANY AND ANY PERSON CREATING OR TRANSMITTING THE INFORMATION ON THE WEBSITE SHALL NOT BE LIABLE FOR ANY INFECTION BY VIRUSES OF OR DAMAGE TO ANY COMPUTER THAT RESULTS FROM YOUR USE OF, ACCESS TO OR DOWNLOADING OF SUCH INFORMATION. IF YOU ARE DISSATISFIED WITH THE INFORMATION, PRODUCTS OR SERVICES OFFERED AT THE WEBSITE OR WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF AND ACCESS TO THE WEBSITE.

OWNERSHIP OF CONTENT
The Website and all of its content, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software (“Content”), are the property of the Company, or are the property of a third-party, and are protected by U.S. and international copyright laws, with all rights reserved unless otherwise noted. All trademarks, service marks, trade names and other product and service names and logos displayed on the Website, including all registered and unregistered trademarks and service marks, are either proprietary to the Company or a third-party, and are protected by applicable trademark and intellectual property laws.  Your use of any Content, whether owned by the Company or any third party, without the Company’s or such third-party’s express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any of the Company’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links, or otherwise on any website, without the prior written permission of the Company.  When accessing the Website, you agree to obey the law and to respect the intellectual property rights of the Company and others.  Your use of the Website is at all times governed by and subject to law regarding copyright ownership and use of intellectual property.  Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or any third-party.

PRIVACY
To the extent that the Company collects any information from users of the Website, the collection and use of such information is governed by the Company’s Website Privacy Policy, which you should read before accessing the Website.  The Company’s Website Privacy Policy is expressly incorporated into this Agreement by this reference.

NO UNLAWFUL OR PROHIBITED USE
As a condition to your use of the Website, you represent and warrant to, and agree with, the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.  Without limiting the foregoing, you are prohibited from violating or attempting to violate any security features of the Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; © interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt t reduce to a human-perceivable form any of the source code used by the Company in providing or maintaining the Website.  Any violation of system or network security may subject you to civil and/or criminal liability.

REFERENCES TO PUBLICATIONS AND OTHER COMPANIES
References to any publication or to any third-party found on the Website are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of the Company or that the Company endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of the Company.

LINKS TO THIRD PARTY WEBSITES
The Website may contain hyperlinks to or from websites operated by parties other than the Company, which may contain inaccurate, inappropriate or offensive material, products or services. The Company does not control such websites, and the Company assumes no responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. The Company’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

MODIFICATION OF THESE TERMS OF USE; WEBSITE
The Company may, at its discretion, change, modify, add or remove portions of these Terms of Use at any time without specific notice to you.  We may amend these Terms of Use by posting the amended terms on the Website.  All amended terms shall automatically be effective 30 days after they are initially posted on the Website.  We suggest that you check these Terms of Use periodically for changes. These Terms of Use can be accessed from the link at the bottom of each page. If you use the Website after we post changes to these Terms of Use, you accept the changed Terms of Use.  The Company may modify the Website, or discontinue the Website, at any time, without advanced notice.

TERMINATION AND CANCELLATION; MONITORING OF WEBSITE
The Company may modify or terminate the Website and terminate your access to the Website, without notice at any time and for any reason.  The Company expressly reserves the right to monitor any and all use of the Website by you.

INDEMNITY
You agree, at your own expense, to indemnify, defend and hold harmless the Company, its parents, subsidiaries and affiliates, and their officers, partners, managers, members, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, third-party claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your violation of these Terms of Use, your access to or use of the Website, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

JURISDICTIONAL ISSUES AND APPLICABLE LAW
Unless otherwise specified, the Company controls and operates the Website from its offices within the State of California, United States of America. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations.  Your use of or access to the Website should not be construed as the Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.  These Terms of Use are governed by the laws of the State of California, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of courts in the County of Sacramento, California, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the Website or any product or service related thereto. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

SEVERABILITY; WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.  No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

GENERAL
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of these Terms of Use or your use of the Website.

The Company’s performance of these Terms of Use is subject to existing laws and legal process, and nothing in these Terms of Use or the Privacy Policy is in derogation of the Company’s right to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

By accessing the Website, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding, and © you will use the information on the Website in a manner consistent with applicable laws and regulations in accordance with these Terms of Use, as the Company may amend them online or otherwise from time to time. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use constitute the entire agreement between you and the Company with respect to the Website and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Website or information contained therein.

You agree to be bound by any agreement or consent you transmit to or through the Website, including through any media or electronic device, including internet, telephone, and wireless devices.

Commands