The Website www.mylightcafe.com and any content therein (“Website”) is owned and operated by My Light Cafe LLC, a California Limited Liability Company (hereinafter “we” “us” “our” or “My Light Cafe”). Please read all Terms & Conditions before using our Website – by visiting and using this Website, you (hereinafter “visitor” “you” “your”) are consenting that you have read these Terms & Conditions, and agree to be bound by them. If you do not agree with this document in its entirety, please immediately refrain from using Website.

These Terms & Conditions constitute a legally binding agreement made between you (whether personally or on behalf of an entity) and My Light Cafe concerning your access to and right to use Website, as well as any other media forms, media channels, mobile Website, or mobile application related, linked, or otherwise connected to My Light Cafe and Website.

Use of Website

A. To access or use our Website, you must be 18 years or older and have the requisite mental capacity to enter into these Terms & Conditions. By using any portion of Website, you represent that you are at least 18 years old, and that you agree to be bound by these terms and conditions. Any use of our Website by anyone under 18 constitutes an unauthorized use and a violation of these terms and conditions; we do not authorize use of this Website by anyone under 18. If you are between the ages of 13 and 18, we will assume you are viewing Website with the supervision and permission of a parent or guardian who will assume all responsibility for your actions on this Website, and who will be responsible for reviewing and agreeing to these terms on your behalf. 

B. Please note these Terms & Conditions may be subject to changes or updates at any time, and Website may not provide notice of such changes or updates. We reserve our right to make any changes or updates at any time, and the burden is on the user to routinely check these Terms & Conditions for updates. By continuing to use our Website and the content we produce, you confirm you agree to be bound by the Terms & Conditions as they appear, whether or not you have read them. If you are not in agreement with these Terms & Conditions, please do not use our Website or any of the Content that appears thereon.

C. If you purchase a Program, Product, or Service from us, you will also enter into one or more separate agreements with us, and are subject to the terms outlined in the Terms of Use or Client Agreement associated with the program purchased, which shall prevail in the event of a conflict or issue. All online purchases through us carry additional Terms of Use relating to the product being purchased, with your purchase of the product or service constituting acceptance and agreement to adhere to these additional terms. All private mastermind or other coaching packages require signature of an additional Agreement outlining the terms and guidelines therein as well.

Intellectual Property Rights

A. Website contains original work that has been created with creativity, originality, dedication, care, detail, planning, and creative thinking, by My Light Cafe, as well as hired third party writers and contributors (“Contributors”) with knowledge in their respective fields, providing opinions and ideas on topics of all ranges. This collection of work is considered intellectual property created and owned by My Light Cafe and is protected under Federal Intellectual Property Laws, which prevents unauthorized use of our materials. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Website and within the content provided, including but not limited to Website design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on Website, as well as source code, databases, functionality, software, audio content, visual content, text content, to the extent protectable, and any and all other information accessible through Website, which constitutes proprietary information. This protection also includes any and all content that appears on the Website, including blog posts, program names, and any other text whether or not authored by us. All proprietary information and content hereinafter identified as (“Content”).

B. You understand and acknowledge you will likely be in violation of these Intellectual Property laws should you copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property on the Website, without our express written consent. If such behavior is discovered or suspected, we reserve the right to immediately revoke your access to our Website, as well as any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

C. Licensee / Licensor Rights: Our Limited License to You

a.Your ability to view Content on our Website grants you a limited, revocable, non-transferable license to use the information available to you for your personal, non-commercial use only. Should you decide to purchase a product, package, or service from our Website, you will also be granted a limited license to use the information contained therein, as outlined in the Terms of Use or Client Agreement associated with each product or service available for purchase.

b. As a licensee, you understand and agree that you will not:

i. Copy, edit, distribute, duplicate or steal any information on our Website, or any Content therein, including that which has been posted by a third party, whether or not you have purchased the information.

ii. Use, post, distribute, copy, steal or otherwise use any portion of our Website, including content or products, without express, written permission provided by My Light Cafe, and understand that any such use may constitute infringement, which may give rise to a cause of action against you.

iii. Hold any of our Content out to be your own, other than blog posts you may write as a contributing writer, and understand that doing so constitutes stealing and is a violation of our intellectual property rights.

iv. Share purchased materials, information, content with others who have not purchased them.

v. Use any portion of our Website, including all Content, information, and purchased materials, in any commercial manner such that you make, may make, or intend to make a profit from it.

vi. You further acknowledge and understand that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of these Terms and Conditions and United States Federal laws, and we reserve the right to prosecute this infringement to the full extent of the law.

vii. Any requests for written permission to use any content posted on our Website shall be made before you wish to use any such content, and may be made by sending an email with your written request to info@mylightcafe.com.

D. Licensee / Licensor Rights: Your License to Us

a. You may be able to post your original content to our Website, including but not limited to blog comments, testimonials, or photos. You may also have the opportunity to respond to generated emails with comments or feedback, comment on a social media live stream, webinar, or any other medium where content is distributed in a manner that allows for participation or feedback. By posting any sort of information, you represent you are the owner of anything you post, and are at least 18 years of age.

b. When you submit or post any such information, you also agree and understand that you are assigning and/or licensing us and anyone else authorized by us, the irrevocable, unlimited, royalty-free, perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, sell, copy, edit, exploit, or otherwise publicly disseminate any information or content you post, in whole or in part, with or without identifying you as the author of the original post or comment. If we so choose to identify you, you also grant us the right to identify you as the author of any comments, posts, or the like by name, email address, screen name, or any other reasonable manner of identification.

c. You agree you are wholly assigning any intellectual property ownership rights to us by your action and decision to post on our Website, or otherwise provide us with content, with access to our Website constituting good and valuable consideration in exchange for these intellectual property rights. You understand that should any of your comments or posts be used, in whole or in part, you are not entitled to any payment and will not request any form of payment or favorable treatment in return.

d. Testimonials: Our Website may feature testimonials from clients, in order to provide readers with comments, feedback, and information from others’ experiences with our services, Website and products. While all information, photos, and quotes used are from actual clients, sharing their real, honest opinions of our Website and services, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Website, you do not expect the same results, and understand this information is not a guarantee. You also understand and agree that the individuals featured may have different medical history and health status, and what worked for them may not work for you; you agree to use common sense, and consult your personal medical provider before beginning any program we offer, and/or before implementing any information found on Website.

Ownership of Content Posted by Third Party Contributors 

A. My Light Cafe is comprised of content by both My Light Cafe and Contributors selected by My Light Cafe. Prior to becoming a Contributor, Contributors agree they are responsible for any and all content they post, including obtaining any necessary permissions or licenses to post content, images, videos or other intellectual property belonging to a third party. While My Light Cafe obtains all necessary rights from Contributor to feature, host, share, and otherwise use the content posted, Contributor remains the copyright owner, and the sole party responsible should there be any alleged or actual copyright infringement posted on Website by any one Contributor, as well as any other information posted by Contributor about any paid programs or services offered by Contributor. 

Digital Millennium Copyright Act (DMCA) Policy

A. Section 512 of the DMCA grants immunity from copyright liability to Website that passively host user content. To qualify for the DMCA Safe Harbor protection, certain requirements must be met. Contributors agree they are solely responsible for selecting and uploading content to My Light Cafe, and that the content may be transmitted to other users and readers of the Website without modification by My Light Cafe. My Light Cafe does not directly select the content posted to the Website and may use an automatic technical process to carry out the transmission, routing, and provision of connections and storage. My Light Cafe aggregates content from users in a non-selective way to meet Safe Harbor requirements.

B. My Light Cafe takes intellectual property rights of others extremely seriously and does not tolerate Contributors posting content that infringes the rights of another. Per the Digital Millennium Copyright Act (DMCA), My Light Cafe will respond expeditiously to any claims that any content posted by Contributors include text that may constitute copyright infringement. In order to ensure such claims are timely seen, claims must be submitted to My Light Cafe’s Copyright Agent as described below.

C. Registered Copyright Agent. My Light Cafe has designed an agent for service of copyright claims, which has been outlined below, and filed with the U.S. Copyright Office via an online filing. This individual has been designated the Copyright Agent within My Light Cafe, and can be reached at the following address:

My Light Cafe LLC

2785 Pacific Coast Hwy STE E 923

Torrance, CA 90505

info@mylightcafe.com

D. Notice and Takedown Procedure. My Light Cafe abides by the federal DMCA, and takes notices of alleged infringement that comply with the DMCA and other applicable laws very seriously. Upon receipt of a DMCA-compliant notice of infringement, My Light Cafe will promptly take down or block access to the allegedly infringing matter, and will contact the Contributor in question so they may take further action in accordance with the DMCA.

a. To file a notice of infringing material on www.mylightcafe.com, please provide the following information to our Copyright Agent, sent to the address above:

i. Reasonably sufficient details for identification of the copyrighted work which is claimed to have been infringed;

ii. Reasonably sufficient details to enable us to identify and locate the material that is claimed to be infringing (e.g. a Website linking to the page in question);

iii. Contact information for the copyright holder;

iv. A statement that the complainant believes in good faith that the use of the allegedly infringed material is not authorized by the copyright owner, its agent, or the law;

v. A statement that the above information is accurate and, under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright, or is the owner of one of the exclusive rights under copyright law that is allegedly infringed, and;

vi. A physical or electronic signature of the copyright holder or its agent.

E. Repeat Infringer Policy. If any Contributor is accused of copyright infringement more than once, he or she will be promptly terminated as a Contributor, the account will be terminated, and the Contributor will not be able to apply for a writing position with My Light Cafe again. My Light Cafe maintains records of DMCA takedown notices to ensure compliance with this policy.

Your Conduct

A. Should you choose to post anything on our Website, social media pages, webinars, or otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to post content that constitutes cyberbullying, your comments will be removed immediately, and we reserve our right to take action against you to the full extent of applicable laws.

B. You may use our Website for lawful purposes only, and agree you will not post, comment, or otherwise transmit any content which infringes the rights of another, and agree to hold us harmless should you do so. You also agree and understand you are not to post any content which would constitute a criminal offense, use the Website or content for fraudulent or unlawful purposes, create civil liability, is repugnant, constitutes a violation of another’s intellectual property rights, is vulgar or obscene in any way, or is otherwise objectionable.

C. You agree not to

a. Systematically retrieve data or other content from Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us,

b. Make any unauthorized use of Website, including collecting names and email addresses of users by electronic or any other means,

c. Use Website to offer or advertise goods or services,

d. Circumvent, disable, or otherwise interfere with security-related features of Website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of Website and Content contained herein;

e. Engage in unauthorized framing of or linking to Website;

f. Trick, defraud, or mislead us and/or other users, especially in an attempt to obtain sensitive account information such as user passwords, billing information, or other personal information;

g. Make improper use of our support services or submit false reports of abuse/misconduct;

h. Interfere with, disrupt, or create an undue burden on Website or networks or servers connected to Website;

i. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up all or part of Website;

j. Delete the copyright or other proprietary rights notice from any content;

k. Copy or adapt Website’s software, including but not limited to Flash, PHP, HTML, Javascript, or other code;

l. Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Website, or use any launching or unauthorized script or other software.

D. You agree that we are the sole decider in whether content you post is objectionable, and have the unilateral right to remove any content you post, without explanation or ramifications. You also understand that we may be obligated to take further legal action, based upon information you post, and reserve our right to do so. Should a third party choose to take legal action against you, as a result of something you posted on our Website, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.

Use of Free Materials or Content

A. At times you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to download or print this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide My Light Cafe credit, will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials.

Disclaimer

A. The purpose of Website are solely to provide educational information to those wishing to view it. Any Content on Website, or Content you receive because of your decision to opt-in to our email list has been created solely for educational and informational purposes. We cannot and do not guarantee any type of specific results, outcomes, changes, or gains through use of our Website, programs, or packages contained therein, whether legal, financial, medical, or otherwise, nor are we making any guarantees regarding the success of your business or life, or any results stemming therefrom. Nothing within Website or from Contributors is designed to act as mental health treatment, medical treatment, or as any kind of substitute for therapy or mental health treatment. You understand and agree to this, and acknowledge that your use of any information contained herein is purely voluntary.

B. You also understand and acknowledge that we are not doctors, lawyers, accountants, nurses, counselors, nor do we claim to provide any such advice that should be obtained from a medical, or other professional after evaluating your specific situation, issue, or business. Nothing contained on this Website or within any product or service found herein is intended to take the place of a consultation with any such professional.

C. You understand and agree that Website and the Content and Products produced are not to be relied upon in any way as medical, legal, financial, or business advice. Nothing on this Website, in our products, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a doctor, nurse, lawyer, accountant, therapist, financial advisor, business consultant, or other expert regarding the details of your specific business or life. You are encouraged to consult with your own professionals for any questions you may have regarding your particular business or situation regarding legal, business, medical, or financial questions, or any similar professional that may address your own individual situation.

D. Your decision to visit our Website, use information contained herein, and purchase products we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your business resulting from direct or indirect use of materials or content contained on our Website. You agree to hold My Light Cafe harmless from any damages directly or indirectly resulting from your use of Content or products/services on our Website or distributed through email, and agree you will not make any claims against us or the company herein.

Technology Disclaimer

A. By using our Website, you understand and agree that My Light Cafe makes no guarantees or warranties regarding the condition of Website, including functionality, existence of viruses or other components that may harm users’ computers, uninterrupted use, constant access and availability, and the like.

B. We will make every effort to make our Website available to you at all times; however, from time to time the Website may be down for maintenance, repairs, as a result of “crashing” or overuse, or any other reason, known or unknown to you, and you agree and understand that this may occur without explanation. Should this occur, you understand, agree, and acknowledge we are not liable for any damages, losses, interruption in your business, or other inconvenience sustained by you as a direct or indirect result of the unavailability of our Website. We do not owe you an explanation, refund, or any reimbursement, nor do we have any obligation to you to continue running our Website, and you agree to simply check our Website at a later date to confirm when it has been relaunched.

C. We may also make the unilateral decision to change or discontinue all or part of our Website, its Content, or any portion thereof without notice before or after, and such Content may thereafter be unavailable. The Website and any and all content and products made available are offered on an “as is” basis, with no additional attachment or warranties therein. You understand and agree we are not obligated to you to continue running all or part of our Website or any content therein, or any particular products being offered for sale, nor shall we be liable for any harm to your business or personal self as a direct or indirect result of a decision to alter, remove, or change Content without notice.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. Website may contain links to third-party websites and services, and/or display advertisements for third-parties.  Such Third-Party Links & Ads are not under the control of My Light Cafe, and My Light Cafe is not responsible for any Third-Party Links & Ads. My Light Cafe provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.

You hereby release and forever discharge My Light Cafe and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Webiste. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Cookies and Web Beacons. Like any other website, mylightcafe.com uses ‘cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.

Online Purchases

A. You understand that should you elect to make a payment through our Website, information obtained during your purchase, including name, address, credit card information, method of payment, billing information, and other personally identifiable information may be collected by us, as well as our payment processing company.

B. You also understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our products to you. Should your payment fail to process, we reserve the right to withhold the purchased product from you unless and until payment is properly rendered.

C. Limitations of Liability: We will take reasonable precautions and measures to keep this information private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, you agree and understand we are not liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.

D. You also acknowledge and agree that we have no responsibility or liability for policies of third party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company, in addition to ours. For more information, we encourage you to visit the Website of the payment processing company, and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you incur as a result of this process, and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Website.

E. We reserve the right to refuse any order placed through Website, for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that used the same billing or shipping address. We reserve the right to limit or prohibit orders that appear to be placed by resellers, distributors, false accounts, spam accounts, or any other accounts which otherwise raise a red flag or appear fraudulent, regardless of whether or not they actually are.

F. If you do make a purchase, you will also be subject to all terms associated with the program, membership, or product you purchased, which shall be the operating and controlling document between you and My Light Cafe as it relates to the program, membership, or product you purchase. If you have any questions regarding the program, membership, or product you purchased, please refer to the corresponding Terms of Use or Client Agreement, or reach out to us at info@mylightcafe.com and we will be happy to provide you with a copy.

Indemnification

A. You agree at all times to defend, fully indemnify and hold My Light Cafe and any affiliates, agents, team members or other party associated with us from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Website or any products or services contained therein, as well as any third party claims of any kind (including attorney’s fees) arising from your actions in relation to our Website or any breach by you of any such conditions outlined herein. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.

B. We will attempt to monitor any comments and posts made by third parties and users as often as possible. Should you, as a user of our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control, and agree to release us of any and all claims arising therefrom.

C. Should you choose to utilize information offered on our Website, whether free or for purchase, you understand that we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Website, or from products or services purchased therefrom. You also understand and agree that we are not liable for any damages incurring as a result of your reliance or use of information on our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Website.

Limitation of Liability

A. You understand and agree that the information offered via Website is general information that may not be suitable for all persons, businesses, locations, countries, or persons in specific situations. You understand that your decision to use any information or purchase any products or services offered on our Website is purely voluntary. 

B. Should you choose to purchase products or services via our Website, you understand and agree that we may not know your personal and specific situation in full, and have no way of knowing of a program’s specific applicability to your life or business. You agree and understand you will hold us harmless from any direct or indirect, perceived or actual damages or harm to your person or business as a result of choosing to utilize information found on or purchased from our Website. We are not responsible for any result stemming from your decision to use information provided by us, nor are we responsible for your mental or physical health, income, finances, earnings, business, clientele, client base, or any other result, and you agree we are not liable for any such damages or losses incurring therefrom.

C. You also understand and agree that any advertisement from a Contributor, including information about paid or free resources offered by them, is wholly and completely unrelated to My Light Cafe, and any decision to purchase or sign up through Contributor is your own, and no responsibility of My Light Cafe. 

B. You understand and agree that My Light Cafe is not to be held liable for any type of direct or indirect damages arising out of your use of our Website, any information contained herein, any injuries sustained or medical ailments that arose as a direct or indirect cause of implementing information found on Website, or any products or services purchased therefrom (whether from us or through a third party Contributor), including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus obtained by use of our Website, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.

C.You also understand and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase. By use of the Website, you agree and understand that use of content and information found herein is to be used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.

Release of Claims

A. You also agree that under no circumstances will we be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on our Website or any information or Content found therein, and you hereby release us from any and all claims whether known now or discovered in the future.

Termination

A. You agree and understand we have the right to refuse or immediately terminate your access to our Website at any time, for any reason, with or without notice. Should this occur, we do not owe you an explanation, nor is this decision subject to any appeals or legal action. If you made any purchases and we determine you are entitled to receive or allowed continued use of the purchased information, we will make this information available to you in a way we see fit, which you agree will be satisfactory to you.

Dispute Resolution 

Applicability of Arbitration Agreement. All claims and disputes in connection with this Website that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and My Light Cafe and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to My Light Cafe should be sent to My Light Cafe, LLC | 2785 Pacific Coast Hwy STE E 923, Torrance, CA 90505. After the Notice is received, you and My Light Cafe may attempt to resolve the claim or dispute informally.  If you and My Light Cafe do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The arbitration shall be conducted by a single, neutral arbitrator in Torrance, CA. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or My Light Cafe pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and My Light Cafe, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and the My Light Cafe.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and the My Light Cafe in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MY LIGHT CAFE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with My Light Cafe.

Small Claims Court. Nonetheless the foregoing, either you or My Light Cafe may bring an individual action in small claims court.

Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within us County, California, for such purposes.

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from My Light Cafe, or any products utilizing such data, in violation of the United States export laws or regulations.

Electronic Communications. The communications between you and My Light Cafe use electronic means, whether you use the Site or send us emails, or whether My Light Cafe posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from My Light Cafe in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that My Light Cafe provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to My Light Cafe is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without My Light Cafe's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  My Light Cafe may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

Your Privacy. Please read our Privacy Policy.

Should you have any questions with respect to any of the foregoing, please contact us at info@mylightcafe.com.