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SUBSCRIPTION AND TERMS OF USE AGREEMENT

This Subscription and Terms of Use Agreement (hereinafter “Agreement”) is entered into by and between you and Lighthouse Commodities, LLC, d/b/a Lighthouse Labs (“Lighthouse” or “we”). The following terms and conditions, together with any documents incorporated by reference (collectively, “Agreement”), govern your access to and use of the application, namely Sell Signals Report, including any content, functionality, and services offered on or through same (the “Application”), whether as a guest or a registered user.

Please read this Agreement carefully before you start to use the Application. By using the Application, you accept and agree to be bound and abide by terms and conditions set forth herein, and all documents incorporated herein by reference. If you do not want to agree with the terms and conditions set forth in this Agreement, you must not access or use this Application.

This Application is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Application, you represent and warrant that you are of legal age to form a binding contract with Lighthouse Labs and meet all of the foregoing eligibility requirements.

NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and in consideration of the promises, mutual covenants and conditions contained herein, the parties hereto agree as follows:

 

AGREEMENT

 

1. Changes of Terms and Condition: We may revise and update the terms and conditions of this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them.

 

Your continued use of the Application following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check Lighthouse’s webpage or mobile app. from time to time so you are aware of any changes, as they are binding on you.

 

2. Access to Application, Services, and Account Security: We reserve the right to withdraw or amend the Application, and any service or material we provide through the Application, in our sole discretion without We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some, or all of the services included with the Application, including registered users.

 

You are responsible for making all arrangements necessary for you to have access to the Application and ensuring that all persons who access the Application through your internet connection are aware of the terms and condition set forth in this Agreement and comply with them.

 

To access the Application or some of the resources offered, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all information you provide is correct, current, and complete. You agree that all information you provide to register with this Application or otherwise, including, but not limited to, through the use of any interactive features on the Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

 

3. License to Use. Lighthouse grants you a limited, personal, non-exclusive, non- transferable, non-sublicensable limited license to use the Application for your own personal use and subject the conditions and limitations set forth herein. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application. You shall not use the Application beyond the scope of the license granted to you by Lighthouse or remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Agreement, including any copy thereof.

 

USING THE APPLICATION YOU: (i) REPRESENT THAT YOU ARE DULY AUTHORIZED BY LIGHTHOUSE TO ACCESS AND USE THE APPLICATION; AND (ii) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY

 

BOUND BY THEM. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT YOU WILL HAVE NO LICENSE TO, AND MUST NOT ACCESS OR USE, THE APPLICATION.

 

4. Term, Subscription Fees and Renewals. The annual subscription fee (hereinafter “Subscription Fee”) for the Application shall be Six Hundred Dollars ($600.00) per user. Said subscription shall begin on the date in which the Subscription Fee is received by Lighthouse and shall terminate on the one-year anniversary of the receipt of said Subscription Fee, unless sooner terminated as provided herein.

 

Additional fees and/or charges may apply if you utilize other premium features that we offer at a later date that are not included with the Subscription Fee. In the event such premium features become available, Lighthouse shall inform you of any additional charges for access to such premium features before billing your account. The parties shall further execute an addendum to this Agreement, which shall itemize the premium features and subsequent charges in which you subscribe for.

 

This Agreement shall automatically renew on an annual basis unless either party gives written notice of its intention not to renew within thirty (30) days of the expiration of each term. . By way of example: If the Subscription Fee is received on January 31st, notice of termination must received by no later than January 1^st of the following year, or the subscription will renew upon the same terms and conditions as set forth herein.

 

5. Ownership. The Application is owned and operated by Lighthouse. All right, title and interest in and to the materials provided by the Application, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by the Lighthouse or third-party licensors or providers (“Third Party Providers”). Except as otherwise expressly provided by Lighthouse, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Application shall be construed to confer any license under any of Lighthouse’s intellectual property rights, whether by estoppel, implication or Lighthouse does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Lighthouse. Any rights not expressly granted herein are reserved by Lighthouse.

 

6. Intellectual Property Rights. The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, data, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned

 

by Lighthouse, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

The terms and conditions set forth in this Agreement permit you to use the Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material from the Application. You must not modify copies of any materials from this site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Application or any services or materials available through the Application.

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Application in breach of the terms and conditions set forth herein, your right to use the Application will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Application or any content on the website is transferred to you, and all rights not expressly granted are reserved by Lighthouse. Any use of the Application not expressly permitted by terms and conditions of this Agreement is a breach of the Agreement and may violate copyright, trademark, and other laws.

 

7. Trademarks. The Lighthouse name, the Lighthouse logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Lighthouse or its licensors. You must not use such marks without the prior written permission of Lighthouse or its respective owners.

 

8. E-Sign Policy. Submitting your information on our website or through our mobile application constitutes an electronic signature (e-sign) and verifies that you agree to all terms and conditions set forth in this Agreement. An electronic signature should be considered the same as a manual, handwritten signature on a document.

 

9. Prohibited Uses. You may use the Application only for lawful purposes and in accordance with these terms and You agree not to use the Application, as follows:

 

1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

 

1. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar
2. To impersonate or attempt to impersonate Lighthouse, a Lighthouse employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
3. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm Lighthouse or users of the Application, or expose them to liability.

Additionally, you agree not to:

1. Use the Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the
2. Use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.
3. Use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized by this Agreement, without our prior written consent.
4. Use any device, software, or routine that interferes with the proper working of the Application.
5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the website is stored, or any server, computer, or database connected to the Application.
7. Attack the Application via a denial-of-service attack or a distributed denial-of- service attack.
8. Otherwise attempt to interfere with the proper working of the

 

10. User Contributions. To the extent that the Application may contain any message boards, chat rooms, personal web pages or profiles, forums, and other interactive

features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or

materials (collectively, “User Contributions”) on or through the Application, all User Contributions must comply with the Content Standards set out in this Agreement.

Any User Contribution you post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Application, you grant us and

 

our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

 

You represent and warrant that:

 

1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
2. All of your User Contributions do and will comply with this

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Lighthouse, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

 

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Application.

 

11. Content Standards. These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

 

1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
2. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
3. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy.
4. Be likely to deceive any
5. Promote any illegal activity, or advocate, promote, or assist any unlawful
6. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
7. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
8. Involve commercial activities or sales, such as contests, sweepstakes, and other

 

sales promotions, barter, or advertising.

1. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

12. Reliance on Information Provided. The information presented on or through the Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any information, calculation or predictions generated by the Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website or application, or by anyone who may be informed of any of its contents.

 

This Application may include content provided by third parties, including materials provided by affiliate marketers, other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All algorithms, reports, statements and/or opinions expressed in these materials, and all articles and responses to questions and other content are solely the opinions or market predictions. These materials do not necessarily reflect the opinion or advise of Lighthouse. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

For more information, please see Paragraph 17, below.

 

13. Links from the Application. If the Application contains links, including affiliate links, to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

14. Changes to Application. We may update the Application from time to time, but its content is not necessarily complete or up to Any of the material on the Application may be out of date at any given time, and we are under no obligation to update such material.

 

15. Information About You and your Visits to the Application. All information we collect on this Application is subject to our Privacy By using the Application, you consent to all actions taken by us with respect to your information in compliance

 

with the Privacy Policy.

 

16. Geographic Restrictions. The owner of the Application is based in the State of North Dakota in the United States. We provide this Application for use only by persons located in the United States and We make no claims that the Application or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

 

17. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that our files will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LIGHTHOUSE NOR ANY PERSON ASSOCIATED WITH LIGHTHOUSE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER LIGHTHOUSE NOR ANYONE ASSOCIATED WITH LIGHTHOUSE REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT

 

AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, LIGHTHOUSE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

18. Not Marketing Advice. LIGHTHOUSE BY MAKING THIS APPLICATION AVAILABLE TO ITS USERS IS NOT ACTING AS A MARKETING ADVISOR AND DOES NOT THEREBY PROVIDE MARKETING OR PROFESSIONAL ADVICE. THE APPLICATION PROVIDED BY LIGHTHOUSE IS NOT A SUBSTITUTE FOR THE ADVICE OF A MARKETING PROFESSIONAL OR LICENSED COMMODITIES FOR MORE INFORMATION, PLEASE SEE PARAGRAPH 17.

 

19. Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF LIGHTHOUSE AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100.00 OR THE AMOUNT YOU HAVE PAID TO LIGHTHOUSE FOR THE APPLICABLE SERVICE IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.

 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

20. Limitation on Filing Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE

 

CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

21. Class Action Waiver. YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST LIGHTHOUSE AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT YOU ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST LIGHTHOUSE, YOU AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) YOU WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE

 

22. Indemnification. You agree to defend, indemnify, and hold harmless Lighthouse, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Application, including, but not limited to, your User Contributions, any use of the Application’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Application.

 

23. Governing Law and Jurisdiction. All matters relating to the Application and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Dakota without giving effect to any choice or conflict of law provision or rule (whether of the State of North Dakota or any other jurisdiction).

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Dakota. You waive any and all objections to the exercise

 

of jurisdiction over you by such courts and to venue in such courts.

 

24. Arbitration. At Lighthouse’s sole discretion, it may require You to submit any disputes arising from this Agreement or use of the Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying North Dakota law.

 

25. Waiver and Severability. No waiver by Lighthouse of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lighthouse to assert a right or provision under this Agreement shall not constitute a waiver of such right or

 

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

 

26. Entire Agreement. The Agreement and our Privacy Policy, and Disclaimer constitute the sole and entire agreement between you and Lighthouse regarding the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Application.

 

27. Contact If you have any questions or concerns about these Terms of Use, you may contact us via email at dspickler@lighthousecommodities.com .