Overview
This Terms of Use Agreement (the "Agreement") defines the terms and conditions associated with MyLightyear, the Materials, and the membership requirements for gaining access to both.
1. Definition of Paid Subscription
In order to utilize the MyLightyear system, You must first subscribe to a minimum three (3) month paid subscription membership service offered by Lightyear Alliance and and become a MyLightyear member (“Member”).This Agreement is made by and between Lightyear Alliance and You (“You” or “Member”) as a Member in MyLightyear. You wish to participate in MyLightyear and to use the Materials. Once subscribed You are granted the rights and privileges described herein. In order to become and remain a Member of MyLightyear, You must agree to abide by all of the terms and conditions contained in this Agreement. You must carefully read this Agreement and agree to all the terms and conditions herein before registering for MyLightyear.
2. MyLightyear Membership and Materials: Permitted Uses and Privileges
In consideration of Your compliance with the terms and conditions of this Agreement, Lightyear Alliance agrees to extend You membership in MyLightyear. Membership in MyLightyear and use of the Materials constitutes Your implicit agreement with the terms and conditions of this Agreement.
Membership in MyLightyear and use of the Materials provided by Lightyear Alliance may be used for lawful purposes only, and only for those general purposes for which MyLightyear was designed, as described in the Overview herein. You are granted the right to download Materials from MyLightyear website for your personal, individual use to promote your Lightyear business opportunity as described previously herein. While Your membership is in full force, you may visit MyLightyear website and use the Materials as many times as you wish. You may save and continue to use any such downloaded and non-modified Materials for your personal, individual use to promote your Lightyear business opportunity.
You are NOT granted the right in fact You are EXPRESSLY PROHIBITED from transferring at no cost or selling at any price any downloaded and non-modified, modified or derivative Materials to a third party, nor may you use any downloaded and non-modified, modified or derivative Materials for any purpose other than your own personal, individual use to promote your Lightyear business opportunity.
You shall not use MyLightyear or the Materials to distribute, publish or otherwise promote any opportunity which is libelous, defamatory, obscene, pornographic, abusive, or which otherwise violates any law. As Lightyear Alliance does not and cannot review every possible use for which you have downloaded MyLightyear Materials, You shall remain solely responsible and fully legally liable for the use of MyLightyear Materials and the content of Your messages.
Transmission or storage of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to, illegal use of copyrighted Material, use of Material to promote activities legally judged to be threatening or obscene, or violation of any trade secret statute, or any other usage that constitutes violation of any other statute.
You shall not rent, sell, lease or otherwise transfer your MyLightyear membership or any of the Materials to a third party for Your benefit or theirs, and You certify that will not utilize either your MyLightyear membership or the Materials in a manner that violates the applicable laws of Your jurisdiction.
You understand that participation in MyLightyear may involve establishing contractual arrangements with third parties. You understand that membership in MyLightyear and use of the Materials is not appropriate for certain individuals employed or otherwise retained by governmental agencies to promote those entities. As such, You certify that You do not work for, and/or do not constitute, a governmental agency or body or any other entity that would cause You to have a conflict of interests with regards to your membership in MyLightyear or your use of the Materials. If so, You agree not to seek membership in MyLightyear. If You become a Member and subsequently learn that such a conflict of interests exists, then You agree to notify Lightyear Alliance and to immediately terminate Your membership.
Lightyear Alliance reserves the right, at its sole discretion, to change, modify, add or remove portions of MyLightyear rules of membership at any time. Lightyear Alliance reserves the right, at its sole discretion, to change, modify, add or remove portions of the Materials at any time. Notification of the changes in MyLightyear or the Materials will be posted on MyLightyear website, or sent via Email, or both.
Lightyear Alliance may change, suspend or discontinue any aspect of MyLightyear or the Materials at any time, including the availability of any Materials, database or content. Lightyear Alliance may also impose limits on certain features and services or restrict Your access to parts or all of MyLightyear or the Materials without notice.
If these operating guidelines or any future changes are not acceptable to You or cause You no longer to be in compliance with this agreement, You may cancel Your MyLightyear membership by sending an email to webmaster@mylightyear.com
Your continued membership in MyLightyear usage and the Materials now, or following the posting of any notice of changes in these operating rules, constitutes Your binding acceptance of such rules, changes or modifications. Your right to continued membership in MyLightyear and to use of the Materials is subject to any limits Lightyear Alliance may in its sole discretion establish.
3. Registration for MyLightyear Membership, Site Name, Password and Security
To become a MyLightyear member so You can gain access to the Materials, You must first register.
When prompted by the Signup Form on the Lightyear Alliance website You agree to provide Lightyear Alliance with current, complete, and accurate information about Yourself. You shall not knowingly provide inaccurate information with the intent to create a false identity. You also agree not to provide any false or misleading information anywhere else during the registration process or anywhere else on Lightyear Alliance’s website or associated websites. This includes, but is not limited to, providing a false e-mail address in the FROM: field on outgoing Emails.
You agree that Lightyear Alliance may rely on any data, notice, instruction or request furnished to Lightyear Alliance by You which is reasonably believed by Lightyear Alliance to be genuine and to have been sent or presented by You or by a person reasonably believed by Lightyear Alliance to be authorized to act on Your behalf.
As part of the membership registration process You will be directed to choose a Site Name and Password that is unique to You. You are entirely responsible for maintaining the confidentiality of Your Site Name and Password. Furthermore, You are entirely responsible for usage of and any and all activities that occur under or in association with Your MyLightyear account, including use of Your account by a third party authorized by You to use Your account.
You agree to notify Lightyear Alliance immediately of any unauthorized use of Your account or any other breach of security that comes to your attention. You shall immediately notify Lightyear Alliance at webmaster@mylightyear.com of any known or suspected unauthorized uses of Your MyLightyear account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your password. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Lightyear Alliance and referral to the appropriate law enforcement agencies.
You acknowledge and agree that You will promptly notify Lightyear Alliance if You are or become aware of any other MyLightyear Member who, in Your good faith opinion, has, is or is intending to take unfair advantage of MyLightyear or the Materials provided by Lightyear Alliance.
4. Member Conduct
Lightyear Alliance retains the right, in its sole discretion, to determine whether or not a Member’s conduct is consistent with the letter and spirit of this Agreement and may terminate MyLightyear membership if a Member's conduct is found to be inconsistent with the Agreement. Any unauthorized use of Your MyLightyear membership, or the resale of the Materials, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and You are solely responsible for all acts or omissions that occur under Your account or password, including the content of Your transmissions through MyLightyear.
By way of example, and not as a limitation, You agree not to use Your membership in MyLightyear or the Materials to:
a) promote chain letters, junk email, pyramid schemes, money games, spamming
or any duplicative or unsolicited messages (commercial or otherwise);
b) harvest or otherwise collect information about others, including Email
addresses, without their consent;
c) create a false identity or forged email, or otherwise attempt to mislead
others as to the identity of the sender or the origin of the message;
d) transmit unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind or nature;
e) transmit any material that may infringe the intellectual property rights
or other rights of third parties, including trademark, copyright or right
of publicity;
f) libel, defame or slander any person, or infringe upon any person's
privacy rights;
g) transmit any material that contains viruses, trojan horses, worms,
time bombs, cancelbots, or any other harmful or deleterious programs;
h) violate any U.S. law regarding the transmission of technical data or
software exported from the United States;
i) interfere with or disrupt networks connected to MyLightyear or violate
the regulations, policies or procedures of such networks;
j) attempt to gain unauthorized access to MyLightyear, to the Materials,
to other accounts, to computer systems or networks connected to MyLightyear,
through password mining or any other means;
k) interfere with another Member’s use and enjoyment of MyLightyear and
its Materials, or another entity's use and enjoyment of similar services;
l) engage to in any other activity that Lightyear Alliance believes could
subject it to criminal liability or civil penalty or judgment.
5. Forbidden Content
Lightyear Alliance does not advocate and will not abide any MyLightyear Member that uses Materials for the promotion ANY opportunity which advocates, encourages, endorses, or makes possible any form of, pornography, hate crimes, gambling, pyramid schemes or any type of business opportunity that is unethical, illegal or outside the realm of legitimate business opportunity. Members are prohibited using MyLightyear or its Materials to transmit any material or promote any opportunity that is in Lightyear Alliance’s sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
Lightyear Alliance reserves the right in its sole judgment to ban ANY Member that uses MyLightyear or its Materials to promote such a business opportunity. Should Lightyear Alliance discover that You are using MyLightyear or its Materials to promote programs of this type in any form, this will constitute grounds for immediate suspension or termination of Your membership.
6. Email and Other Communication with Members
By virtue of your membership in MyLightyear you voluntarily, specifically and categorically “opt-in” to a list of Members maintained by Lightyear Alliance to whom Lightyear Alliance may contact via Email, fax, phone, or conventional mail as described herein.
Lightyear Alliance reserves the authority and you grant Lightyear Alliance the expressed right to send You at reasonably timed intervals and in reasonable quantities via Email and/or other communications methods information for the purposes of informing You of changes or additions to MyLightyear, the Materials, or any other products, services and offers that are generally related and applicable to MyLightyear concept as defined in the Overview section herein.
You agree to receive all such Email messages from Lightyear Alliance as a condition of MyLightyear membership. These transmissions include, but are not limited to, MyLightyear Newsletter, MyLightyear updates, and new product information.
7. Fee Structure, Payments and Billing
MyLightyear is a paid subscription service program with an initial minimum three (3) month membership period. MyLightyear is maintained by Lightyear Alliance for the exclusive use of Lightyear Alliance’s approved and designated business associates. There is a fee charged for access to MyLightyear and to the Materials as described herein. There is a monthly billing cycle for participation in MyLightyear. You may join MyLightyear at any time, terminate your MyLightyear membership according to the provisions provided for herein, and may rejoin (subject to re-approval) as many times as you wish if your membership has been discontinued for any reason.
8. Membership Structure
Lightyear Alliance reserves the right to change the membership structure, including but not limited to the imposition of additional membership fees in exchange for joining MyLightyear and/or access to the Materials, at any time without advance notification. In the event that Lightyear Alliance so elects, each Member shall be notified by Email and a membership structure change notice shall be posted at an appropriate location on MyLightyear website. Should such notice be given, Members shall have the opportunity to voluntarily terminate membership if they are unwilling and/or unable to comply with the new membership structure.
9. Term of Service
There is no term of service. Membership is continuous from the time a Member joins until or if the Member notifies Lightyear Alliance in writing of cancellation of membership (see Cancellation below), or in the event the Member’s Independent Representative Contract with Lightyear Alliance is terminated for any reason. Lightyear Alliance reserves the right to impose a term of service at any time without advance notification. In the event that Lightyear Alliance so elects, each Member shall be notified by Email and a term of service change notice shall be posted at an appropriate location on MyLightyear website. Should such notice be given, Members shall have the opportunity to voluntarily terminate membership if they are unwilling and/or unable to comply with the new term of service structure.
10. Cancellation
You may cancel Your membership in MyLightyear at any time by sending advance
written notification to Lightyear Alliance. However, if You cancel Your membership in MyLightyear before the end of the first three (3) months, You will be responsible for the monthly recurring charges for all three (3) months. Accepted forms of written
notification are: Email to webmaster@mylightyear.com , fax to (502) 357-2705,
or standard letter via USPS to: Lightyear Alliance, 1901 Eastpoint Parkway,
Louisville, KY 40223.
Your Site Name and Password must be included in the cancellation request. Cancellation will take effect only when the receipt of the cancellation request is confirmed by Lightyear Alliance.
Membership cancellation by verbal notification will not be accepted under any circumstances.
Once written notification in one of the approved forms is received and accepted by Lightyear Alliance You will receive notification via Email of account cancellation. Following confirmed cancellation, Your access to MyLightyear Materials will immediately cease with notification of cancellation. Until that time You continue to be responsible for all actions up to the time that Your MyLightyear account is deactivated, and you continue to be fully bound by the terms and conditions in this Agreement.
Once Member de-activation has occurred You agree that Lightyear Alliance has the right to delete all data, files or other information that may stored in Your Member account. You should export any data files owned by you and stored in MyLightyear prior to requesting termination, and the responsibility for doing so lies solely with YOU. Lightyear Alliance cannot and will not be responsible for Members that fail to preserve data, files or other information that may stored in Your Member account as provided for herein.
11. Termination
Lightyear Alliance may, in its sole discretion, terminate or suspend Your access to all or part of MyLightyear or to the Materials for any reason, including without limitation, breach of this Agreement, breach of your Independent Representative Agreement, or unauthorized assignment of this Agreement by You.
Upon termination, You shall no longer be entitled to use of MyLightyear website or the Materials, and the license granted to You hereunder shall terminate and You shall immediately return or destroy all Proprietary Information, if any, but the terms of this Agreement will otherwise remain in effect.
12. Submission of Ideas and Other Information
Lightyear Alliance welcomes specific comments regarding MyLightyear and the Materials. Lightyear Alliance will consider adding to the library of MyLightyear Materials any ideas, tools, materials or technology You voluntarily choose to give Lightyear Alliance. You must be legally able to transfer such ideas and materials and be prepared to certify the same if requested by Lightyear Alliance.
If You send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively "Ideas”), then by submitting any Ideas to Lightyear Alliance you automatically grant to Lightyear Alliance a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, sell, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Ideas (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Ideas. Whether Lightyear Alliance ever uses the Ideas or not in MyLightyear, the Ideas shall be deemed, and shall thereafter remain, the property of Lightyear Alliance.
None of the Information shall be subject to any obligation of confidentiality on the part of Lightyear Alliance as defined herein. Lightyear Alliance shall not be liable or owe You any compensation for any voluntary disclosure of Ideas or their subsequent use by Lightyear Alliance.
13. Proprietary Information
You acknowledge that, in the course of using MyLightyear You are obtaining information relating to Lightyear Alliance, to MyLightyear and/or to the Materials (collectively "Proprietary Information"). Such Proprietary Information is the exclusive property of and shall belong solely to Lightyear Alliance and includes, but is not limited to, the features and modes of operation of MyLightyear, the Materials themselves, and the underlying concept of providing marketing tools, technology and knowledge to individuals in established businesses both in the traditional/offline and internet/online arenas in a variety of industries and applications including traditional marketing and sales, direct marketing, network marketing, and multi-level marketing for the purpose of building their opportunities (collectively “MyLightyear Concept”).
In regard to all Proprietary Information You agree not to use the Proprietary Information for your own benefit or the benefit of a third-party, or to otherwise disclose to anyone any of the Proprietary Information without the prior written consent of Lightyear Alliance, except for those uses that are expressly authorized by this Agreement and that are expressly described in Permitted Uses above, or unless such Proprietary Information becomes part of the public domain without breach of this Agreement by You.
14. Use of Proprietary Materials
Subject to the terms and conditions of this Agreement, Lightyear Alliance grants You an individual, personal, non-sub-licensable, non-exclusive and non-transferable license (“License") to use its proprietary MyLightyear Materials, in end-user form only, generally but not limited to Adobe Acrobat .PDF files, and then only in accordance with the specific instructions and approved uses as describer herein, and only in conjunction with this Agreement.
Other than for the uses expressly permitted by this Agreement You agree and certify that You will not, directly or indirectly, attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Materials; modify, translate, or create derivative works based on the Materials; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the Materials; use the Materials for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels that may come with the Materials.
You acknowledge that Lightyear Alliance and its licensors, if any, retain ownership of all concepts and Materials associated with MyLightyear Concept, and any portions or copies thereof, and all rights therein.
15. Responsibility for Content
Lightyear Alliance is responsible only for the Materials that are posted on MyLightyear website for download by Members.
Lightyear Alliance exercises no control whatsoever over the content, information and data passing through the websites of its Members.
For the convenience of its Members, Lightyear Alliance may provide Internet links on the Lightyear Alliance ands/or MyLightyear websites to the websites of third parties. The inclusion, if any, of such links does not imply an endorsement of any kind by Lightyear Alliance for the linked sites, for their content or for the entities that post and maintain them. In addition, Lightyear Alliance accepts no responsibility whatsoever for the content which appears on such linked websites.
Lightyear Alliance makes no representations whatsoever about any other website to which You may gain access through your membership in MyLightyear. When You access a non- Lightyear Alliance website, you acknowledge that it is with the full knowledge and understanding that it is totally independent from Lightyear Alliance, and that Lightyear Alliance has no control over the content on, features included, or performance of that website. You further acknowledge that You use any such non- Lightyear Alliance websites at Your own and complete risk.
16. Non-Assignability of Agreement Responsibilities and Membership Privileges
Neither the rights nor the obligations arising under this Agreement are assignable or transferable by You. Any such attempted assignment or transfer shall be void and without effect.
MyLightyear accounts cannot be transferred or may not be used by anyone other than the Member subscriber, or another user at his same physical location that the Member has authorized to use the account. Lightyear Alliance possesses the ability to track unauthorized usage of Member accounts from third-party locations. Member accounts that have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.
You are expressly not permitted to allow others access to your MyLightyear account or to the Material, nor are you permitted to make Your password visible to others. You may not attempt to determine the password of another MyLightyear Member.
17. Disclaimer of Warranties, Limitation of Liabilities, Indemnification
Lightyear Alliance does NOT warrant that the MyLightyear website, the Materials, and any related websites and/or services will be error free or uninterrupted. Lightyear Alliance is not be liable for the consequences, if any, of any such interruptions or errors.
The MyLightyear website, the Materials, and all service associated with MyLightyear are distributed on an "AS IS" basis and are subject only to the warranty disclaimers and limitations found in this agreement, if any, without any other warranties of any kind, either expressed or implied. THE CONTENTS OF MyLightyear WEBSITE AND THE MATERIALS ARE PRESENTED ON AN "AS IS" BASIS. NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR MERCHANTABILITY OR FITNESS FOR USE FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE CONTENT ON THESE PAGES. LIGHTYEAR ALLIANCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE MyLightyear WEBPAGES OR THE MATERIALS. You agree that Lightyear Alliance is the neutral host of MyLightyear website and the neutral provider of the Materials and has no control over and has absolutely no responsibility whatsoever for or liability in relation to the business opportunities that Lightyear Alliance and its Representatives represent as part of their collective use of MyLightyear and/or the Materials.
Although Lightyear Alliance provides some encryption and security layers to protect certain personal information which is transmitted by Users, You understand that Your uploads and transmissions may be intercepted and used, and that all the risk associated therewith is solely Yours. If you do not wish to assume this risk then you should not transmit personal information via the Lightyear Alliance and/or MyLightyear websites.
You agree to indemnify, defend, and hold harmless Lightyear Alliance and its partners, affiliates, officers, directors, employees and agents, and other MyLightyear Members (collectively, " Lightyear Alliance Family") from and against any and all liability, claims, losses, damages, injuries or expenses (including attorney’s fees) directly or indirectly arising from or relating to Your use of MyLightyear and/or the Materials, and any dispute relating thereto.
Lightyear Alliance cannot and will not be responsible for ANY losses, damages or costs that You and/or Your business may suffer when using the Lightyear Alliance website, MyLightyear website, the Materials, and any related websites and/or services. You expressly agree to indemnify and hold harmless the Lightyear Alliance Family from ANY claims resulting from Your use of the MyLightyear website, the Materials, and any related websites and/or services. You expressly agree that use of the MyLightyear website, the Materials, and any related websites and/or services is at Your complete and sole risk and You understand such risks are an inherent part of business. You expressly agree that neither the Lightyear Alliance Family nor its partners, officers, service providers, affiliates, licensors, employees and/or contractors shall have ANY liability for ANY damages, if any, suffered by You, Your business or ANY other 3rd party associated with you or not as a result of the use or misuse of the MyLightyear website, the Materials, and any related websites and/or services.
18. Modification
Lightyear Alliance reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement at any time. Notification of the changes in MyLightyear or this Agreement will be posted on the Web, or sent via e-mail, or postal mail.
Modifications may include, but are not limited to, changes in the scope of the program, term of service fees, payment procedures, and MyLightyear rules. If any modification is unacceptable to You, or If You are dissatisfied with MyLightyear or with any of its terms, conditions, rules, policies, guidelines, or the practices of Lightyear Alliance in operating MyLightyear, Your only recourse is to terminate this agreement by canceling Your membership. Your continued participation in the program following the posting of any change notice(s) or a new agreement on MyLightyear website will constitute your implicit agreement with and binding acceptance of the change(s).
19. Force Majeure
Lightyear Alliance shall not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action labor conditions, earthquakes or any other cause which is beyond the reasonable control of Lightyear Alliance.
20. Arbitration
Dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or Your relationship with Lightyear Alliance or any MyLightyear Members shall be submitted to confidential arbitration in Louisville, KY except that, to the extent You have in any manner violated or threatened to violate Lightyear Alliance s intellectual property rights as defined herein, in which case Lightyear Alliance may seek injunctive or other appropriate relief in any state or federal court in the State of Kentucky (and You consent to non-exclusive jurisdiction and venue in such courts) or any other local court of competent jurisdiction in the State of Kentucky, County of Jefferson. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
21. Miscellaneous
This Agreement shall be governed by the laws of the United States of America and the State of Kentucky, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Lightyear Alliance’s failure to enforce Your strict performance of any provision of this Agreement will not constitute a waiver of Lightyear Alliance’s right to subsequently enforce such provision or any other provision of this Agreement.
22. Copyrights and Trademarks
Unless otherwise indicated any and all content on the MyLightyear sites including but not limited to text, graphics, logos, picture images, audio files, video files, multi-media, music, sound, intellectual property and software is the property of Oneida Marketing Enterprises and/or Lightyear Alliance and is protected by U.S. and international copyright and trademark laws. No part of the MyLightyear web site or related web sites may be reproduced or transmitted in any form or by any means without the expressed written permission of Lightyear Alliance.
Lightyear Alliance’s copyright notice (Copyright © 2006 by Lightyear Alliance. All Rights Reserved) appears to remind You that everything on the MyLightyear websites is licensed by Lightyear Alliance and protected by copyright as a collective work or compilation (or both) with the exception of works identified by someone else’s copyright notice.
Lightyear Alliance, www.mylightyear.com, MyLightyear, MyLightyear.com and all other extensions, X-Stream, and Lightyear are all trademarks of Oneida Marketing Enterprises LLC and/or Lightyear Alliance and are protected under United States trademark law. Products and company names mentioned herein that are not owned by the Company may be trademarks or trade names of their respective owners. Your access to the MyLightyear website does not grant any license or right to use any marks appearing on the site without the prior written consent of the Company or the third party owner of that mark, product or trade name. Oneida Marketing Enterprises and Lightyear Alliance trademarks may not be used in any manner that suggests they are not associated with Oneida Marketing Enterprises, Lightyear Alliance or MyLightyear. Any rights not expressly granted herein are reserved.
23. Entire Agreement
This Agreement constitutes the entire agreement between Lightyear Alliance and You pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly cancelled. Any modifications of this Agreement must be in writing and acknowledged by both parties hereto. Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Your use of MyLightyear constitutes your explicit acceptance of these Terms and Conditions.
24. Independent Investigation
You acknowledge that You have read this agreement and agree to all its
terms and conditions. You have independently evaluated the desirability
of participating in the program and are not relying on any representation,
guarantee, or statement other than as set forth in this Agreement. By
becoming a member of MyLightyear and using the Materials You indicate
Your acceptance of this agreement and its terms and conditions.