Terms of Service & User Agreement

VPN Lightning Terms of Service

1. Introduction

IMPORTANT NOTICE REGARDING YOUR LEGAL RIGHTS. These Terms of Service include an contract to resolve any legal disputes with us through final and binding arbitration rather than in court unless you timely opt out, as further set forth below in the “Dispute Resolution, Arbitration & Class Action Waiver” Section.

This Terms of Service Agreement (“Agreement”) covers the scope of your utilization and access to the VPN Lightning LLC. (”VPN Lightning LLC”) site (“Site”) located at www.vpnlightning.com, virtual private networking (”VPN”), and VPN Lightning LLC’s platforms provided through the Site (“Service(s)”). By visiting the Site, purchasing a subscription, and/or using the Services, You (“You” or “Subscriber”) (“VPN Lightning LLC” and “Subscriber” collectively known as “Parties”) acknowledge that you have read the Agreement, fully understand the conditions and agree to be bound by all of the conditions of the Agreement.

This document is an contract that you agree to by accessing the VPN Lightning LLC VPN platform.

NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “DISPUTE RESOLUTION, ARBITRATION & CLASS ACTION WAIVER ” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) THAT YOU AND VPN Lightning LLC, VPN LIGHTNING’S AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, “VPN LIGHTNING ENTITIES”). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN DISPUTE RESOLUTION, ARBITRATION & CLASS ACTION WAIVER SECTION.

This is a legal contract that requires both VPN Lightning LLC and you to resolve any disputes via individual arbitration. See further details in the Dispute Resolution, Arbitration & Class Action Waiver Section below.

Subscriber affirms that they are more than eighteen (18) years of age, a valid legal entity, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the conditions, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with all of these conditions contained herein.

If you are under the age of eighteen (18) years of age and between thirteen (13) and seventeen (17) years of age, then you must find a legal parent or guardian to purchase and activate the Services for you. If you are unable to find a legal parent or guardian to purchase and activate this platform for you or if you are under thirteen (13) years of age, you are not permitted to utilize the Site or Services.

If you are not an adult, you must receive permission from a parent or legal guardian. If you are under 13, you may not utilize the Site or Services.

2. Acceptance

By using and/or visiting the VPN Lightning LLC Site or Services, Subscriber agrees in full to all of the conditions provided herein, the conditions and conditions of VPN Lightning LLC’s Privacy Policy, and the VPN Lightning LLC Digital Millennium Copyright Act (“DMCA”) policy, in addition to all amendments and modifications (collectively referred to as the “Agreements”). By entering this Site and/or subscribing to the Services, Subscriber agrees to be bound by these conditions and conditions. If Subscriber does not agree to be bound to the conditions and conditions contained herein, then access to the VPN Lightning LLC Site and/or its Services is prohibited.

You agree to the complete Terms of Service to gain access to the VPN Lightning LLC platform.

3. License

VPN Lightning LLC grants you a limited, revocable, non-transferable, non-exclusive license to access an account for your personal, private, commercial, non-transferable, limited utilizes solely as set forth herein to utilize the Services and download and utilize the software offered by VPN Lightning LLC as set forth in any additional documentation and/or contracts applicable to the Services accessed by You. All intellectual property rights for the VPN Lightning LLC software, mobile applications, and the VPN Lightning LLC site are owned by VPN Lightning LLC. and are protected by United States and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any content from the VPN Lightning LLC Site unless you fully agree to be bound by all of the conditions of this Agreement. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to VPN Lightning LLC content. Your rights are subject to your compliance with this Agreement as well as any other contracts applicable to VPN Lightning LLC. New or future platforms that may be offered by VPN Lightning LLC will require a separate subscription or contract. Subscriber understands that this Agreement is limited to VPN Services only and does not include any other platforms herein.

You are purchasing access to a license that gives you the right to utilize the VPN Lightning LLC VPN platform; other platforms may be available with a separate subscription. You agree to respect our intellectual property.

4. Agreement Updates

Client understands that the present Agreement is subject to changes made by VPN Lightning LLC at any time at its sole discretion, and you agree to be bound by any and all modifications, changes and/or revisions to this Agreement. If the proposed amendments include material alterations that affect your rights or obligations under this Agreement, VPN Lightning LLC shall notify you in advance of the changes by reasonable means, which may include notification through the Site or via email. Non-material changes to the Agreement shall take effect upon publication of the amendments to the Site. You understand that it is your obligation to periodically review this webpage in order to account for any changes made, as they will be binding upon assent.

This Agreement shall apply to all utilizers of VPN Lightning LLC whether a ‘visitor,’ ‘commercial utilizer,’ a ‘subscriber,’ or a ‘client’ and you are only authorized to utilize VPN Lightning LLC if you agree to abide by all applicable federal and state laws and be legally bound by all of the conditions of this Agreement.

The Terms of Service may change, so it is important to review this webpage periodically and any communications we may send to you.

5. Conduct

You agree to comply with all applicable laws and regulations in connection with utilize of the Services. You must also agree that you and any other utilizer that you have provided access to will not engage in any of the following activities:

Sending or receiving unsolicited and/or commercial emails in violation of law, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”;

Exploiting, possessing, producing, receiving, transporting, or distributing any illegal content, including but not limited to any sexually explicit depiction of children;

Uploading, possessing, receiving, transporting, or distributing any copyrighted, trademark, or patented content which you do not own or lack written consent or a license from the content owner;

Forging headers or otherwise manipulating e-mail identifiers in order to mask or mislead the origins of certain content;

Interfering with the platform to any other utilizer, client, host or network which reduces the quality of platform for other clients and utilizers;

Using the platform to engage in Denial-of-platform (“DOS”) attacks to any third-parties or to VPN Lightning LLC;

Accessing data, systems or networks including attempts to probe scan or test for vulnerabilities of a system or network or to breach security or authentication measures without written consent from the owner of the system or network;

Transmitting any material (by email, uploading, posting, or otherwise) that abutilizes, bullies, threatens or encourages bodily harm, injury or destruction of property, defames one or more third parties, or promotes any act of cruelty to animals;

Accessing the platform to violate any laws at the local, state and federal level in the United States of America or the country/territory in which you reside; or

Performing any activity that aims at interfering with VPN Lightning LLC’s functionality or otherwise might have an adverse effect on the quality and functionality of VPN Lightning LLC Services for other utilizers, including abutilize of the ability to connect unlimited simultaneous devices (such as through resale, non-personal utilize or other breach of the license provided herein). In order to preserve an excellent utilizer experience for all, when we detect what appears to be abutilize of the unlimited simultaneous devices provision, we may contact you to discuss the situation and potential alternatives. If the situation continues, we reserve the right in our sole discretion to limit or restrict your usage of VPN Lightning LLC.

You must conduct yourself in a way that complies with law and would not violate these rules of conduct.

6. Export Controls

The VPN Lightning LLC platform offered as part of this Agreement is subject to all relevant United Nations resolutions or the trade or economic sanctions United States, European Union, United Kingdom export control laws and regulations and follows any sanction, prohibition or restriction placed therefrom (“Sanctions”). VPN Lightning LLC makes no representation that this Site or the Services is appropriate or available for utilize in other locations outside the United States. By using this Site or the Services, you represent and warrant that: (i) you are not a Sanctioned person or currently the subject or target of any Sanctions or (ii) have taken any action, directly or indirectly, that would result in a violation of Sanctions or any Anti-Corruption Laws; (ii) you are not located in a country that is subject to embargo by the United States (currently Cuba, Iraq, Libya, North Korea, Sudan, Syria, or the Taliban Occupied Part of Afghanistan); (iii) you are not engaged, directly or indirectly, in the design, development, production, stockpiling, or utilize of nuclear, chemical, or biological weapons or missiles; and (iv) you will not, without prior authorization from the Bureau of Export Administration, (a) knowingly re-export the technical data received from you to any destination or (b) export the direct product of the technical data, directly or indirectly, to a country listed in Country Group D:1 or E:2 in Supplement No. 1 to Part 740 of the Export Administration Regulations (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Macau, Moldova, Mongolia, North Korea, People’s Republic of China, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, or Vietnam).

Pay attention to and comply with anti-corruption and import/export rules.

7. Breach

VPN Lightning LLC abides by a ZERO TOLERANCE policy relating to any activity which breaches or violates this Agreement. We can disable your account if you break our rules. Along with the ZERO TOLERANCE policy, Clients who materially breach this Agreement will have their account or a subscription removed without any refund. Additionally, Client understands that VPN Lightning LLC expressly reserves the right to hold the Client or any third-party using the platform on Client’s behalf responsible for any and all financial damages and losses which may be incurred arising out of said breach or breaches, including, but not limited to attorney’s fees, fees for expert witnesses, court costs, and other charges. Subscriber understands that VPN Lightning LLC reserves the right in its sole discretion to enforce breaches of this Agreement. Failure to comply with the present Agreement constitutes a material breach of contract, and may result in one or more of the following actions:

Issuance of a warning;

Immediate, temporary, or permanent revocation of your VPN Lightning LLC account with no refund;

Legal actions against you for reimbursement of any costs incurred via indemnity resulting from a breach;

Independent legal action by VPN Lightning LLC as a result of a breach; or

Disclosure of such information to law enforcement authorities as deemed reasonably necessary.

VPN Lightning LLC reserves the right to take any other actions deemed necessary to enforce and protect its rights. If you find that your VPN Lightning LLC account or subscription has been suspended, then you may contact [email protected]

8. Indemnity

Subscriber agrees to defend, indemnify and hold harmless VPN Lightning LLC, its parent corporation, officers, affiliates, directors, contractors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: your utilize of and access to the Site and/or Services; your material breach of any term of this Agreement; your violation of any third party right, including without limitation any copyright, patent, trademark, property, or privacy right; or Any claim that your utilize cautilized damage or injury to any third party. This defense and indemnification obligation will survive termination of this Agreement and Your utilize of the Site.

We can disable your account and hold you responsible if you break our rules.

9. Service Level Agreement

Service coverage, speeds, locations and quality are not guaranteed. While VPN Lightning LLC will make every attempt to maintain the Services availability at all times, the Services may be subject to unavailability for numerous reasons including maintenance, emergencies, third party platform failures, transmission errors, equipment failures, network issues, interference, natural disaster, amongst other reasons. VPN Lightning LLC does not guarantee that data, messages, or packets will be delivered and shall not be held responsible in the event data, messages, or packets are lost, not delivered, delayed, misdirected or are otherwise inaccessible.

Additionally, we may impose usage limits to the Services, suspend or block platforms, or cancel any and all Services at our sole discretion at any time. Finally, we do not guarantee the accuracy and timeliness of any data received.

We make no guarantee that the Services will be accessible at any time. However, we will do our best to keep the platform up and running for our beloved clients.

Sometimes platforms don’t work perfectly – we will do our best to have 100% uptime.

10. Multiple Accounts

Multiple accounts may be purchased in bulk from VPN Lightning LLC. You understand that by purchasing multiple accounts in bulk from VPN Lightning LLC, you may be eligible for a discount which will be reflected at the time of purchase. Both the purchaser and the individual sub-account utilizer is fully responsible for complying with all of these conditions of platform. At this time, you may not purchase any bulk account orders with different subscription lengths. If you purchase multiple accounts in bulk from VPN Lightning LLC, you must pay using a credit card. No other forms of payment are accepted for bulk account purchases. You understand that all new codes for all bulk account purchases shall be sent to you via email where they can then be redeemed and activated.

11. Client Responsibilities

As a client of VPN Lightning LLC, you are responsible for:

Maintaining the confidentiality and security of the account you are provided.

Providing valid and accurate identifying information related to the utilizer account.

Liability for any utilize and/or abutilize which occurs while you or any third-party is logged into the VPN Lightning LLC platform with your account credentials.

Keep your account information secure; you may be responsible if someone else utilizes your credentials.

12. Fees, Auto-Renewal & Cancellation

You acknowledge that VPN Lightning LLC offers a subscription platform through one or more third party merchants. With each account you may have only one active subscription at a time. All accounts are offered “as-is” at the time of purchase. Future platforms offered by VPN Lightning LLC VPN Lightning LLC., or its partners may not be included with the cost of the subscription.

Payments will be charged on the day you sign up for Services and will cover utilize of that platform for the platform level plan selected at sign up. VPN Lightning LLC’s subscription plans rely on automatic payments from you made on a recurring interval, depending on the plan you purchase. VPN Lightning LLC’s subscription plans will automatically renew at the end of the current subscription via the payment method selected at the initial purchase unless you cancel or turn off automatic renewals before the renewal date. You may cancel the subscription at any time. To cancel, log in to your account, click on “subscriptions” and follow the prompts to turn off auto-renewal. If you cancel within thirty (30) days of initial purchase or renewal, you may receive a refund per the Refund Policy below; otherwise you may not receive a refund but the account will remain active for the remainder of your billing cycle.

VPN Lightning LLC reserves the right to change the fees at any time and at its discretion, with advanced Notice to the subscriber. Any fee changes will apply on any subsequent automatic renewal, and will not apply to your then-current term. Subscriber understands that VPN Lightning LLC is not obligated to honor errors due to typographical errors and is not responsible for misinformation provided on third party sites or affiliates. Subscriber also understands that any gift-card based transactions for Services are not subject to any reductions in price, discounts, promotional rates, or other lowered subscription rates.

This is a subscription platform that automatically renews unless you cancel. Any fee changes will be notified in advance.

Apple Auto-Renewing Subscriptions Terms and Conditions

For Apple App Store specific purchases, payment will be charged to your Apple ID upon confirmation of purchase. All subscriptions shall automatically renew unless the subscription is canceled by You at least twenty-four (24) hours before the end of the current subscription period. Your Apple ID will be charged for the subscription renewal within 24 hours prior to the end of the current subscription period. You can manage and cancel your active subscriptions with Apple by visiting your account settings on the App Store.

As stated in the Refund Policy below, refunds for purchases through the App Store are at the discretion of Apple, and may not be covered by our Refund Policy.

Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, you must cancel the subscription at least 24 hours before the free trial ends.Free trials are only available to new utilizers who have never signed up for a VPN Lightning LLC account and are offered at our sole discretion. If You attempt to sign up for more than one free trial, you will be immediately charged with the standard yearly Subscription Fee.We reserve the right to revoke your free trial at any time. Any unutilized portion of your free trial period shall be forfeited upon purchase of a subscription.

Signing up for a subscription constitutes acceptance of all of the conditions of this Agreement.

Your Apple App Store subscription (if applicable) will automatically renew unless you cancel.

13. Refund Policy

If you are less than 100% satisfied with the Services, we will gladly refund your payment if the refund is requested within thirty (30) days from the date of the initial purchase and/or renewal. Requests made after the 30 day purchase date window will be denied. If you have initiated the refund process under this Section, and you fail to provide requested verification information related to your account from VPN Lightning LLC sent to your account e-mail address within (30) days from the date of the request sent by VPN Lightning LLC, you understand that you are forfeiting the entire refund request and that you are not eligible for a refund under this Section. You understand that if you purchase a new account within three (3) months of being issued a refund on a previous account purchase, you will not be eligible for a refund on that new account, even if you request one during or after the (30) day period.

In the event of an unauthorized chargeback, your account details may be suspended. If you are seeking a refund after paying for the Services via a cryptocurrency, then you must provide to VPN Lightning LLC a wallet address for the refund to be credited. You understand that by paying for VPN Lightning LLC using cryptocurrency as a transaction method, you are using a payment means that is not backed by an official governmental entity or international financial institution, and that the payment system may be prone to large fluctuations in value in a short period of time. The Parties agree that any refunds for transactions using a specific cryptocurrency will be assessed on the cryptocurrency’s exchange rate to USD at the time of the refund disbursement, and not at the time of the original transaction or refund request.

Due to limitations with 3rd party payment processors, certain accounts cannot be refunded by VPN Lightning LLC directly. Accounts purchased through the Apple App Store, Giftcards or 3rd party deal sites, can only be refunded by the payment processor.

If you are any less than 100% satisfied, we will refund you within thirty (30) days of your purchase.

14. Our Rights

VPN Lightning LLC reserves the right to close your account at any given time without any given notice. While VPN Lightning LLC will, at its best interest, attempt to provide full and complete platform to its utilizers, this right is reserved for reasons which may arise at a later date.

Subscriber understands that VPN Lightning LLC also reserves the right to scale back or throttle bandwidth originating from subscriber accounts that may breach the present Agreement or in the event of excessive usage on the VPN Lightning LLC network. Subscriber also understands that VPN Lightning LLC for reasons beyond its control may shut down and terminate platforms. If VPN Lightning LLC ceases operations, subscribers will be notified with at least thirty (30) days advance notice. Subscribers will not be eligible for a pro-rated, partial, or complete refund in the event of a shut down.

We are allowed to notify you if we’re scaling back or shutting down.

15. Warranties

Subscriber represents and warrants that all of the identifying information provided to VPN Lightning LLC to utilize the VPN Lightning LLC Site is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

As a condition to using the VPN Lightning LLC Site or its Services, you must agree to all of the conditions of VPN Lightning LLC’s privacy policy, Digital Millennium Copyright Act (“DMCA”) policy, and any modifications and/or updates. You acknowledge and agree that the technical processing and transmission of the Site may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by VPN Lightning LLC with regard to its utilizers may be disclosed in accordance with the VPN Lightning LLC Privacy Policy.

You promise you are who you claim to be and you will respect our privacy policy.

Warranty Disclaimer

SUBSCRIBER UNDERSTANDS THAT THE VPN LIGHTNING SITE AND SERVICES ARE PROVIDED AS-IS. SUBSCRIBER AGREES THAT USE OF THE VPN LIGHTNING SITE OR SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VPN LIGHTNING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICES AND YOUR USE THEREOF. VPN LIGHTNING MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, NOR ANY REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES,ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND/OR SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY,ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.VPN LIGHTNING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VPN LIGHTNING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VPN LIGHTNING SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Unless we specifically state as such, we make no warranties.

16. Limitation of Liability

IN NO EVENT SHALL VPN LIGHTNING , ITS OFFICERS, AFFILIATES, DIRECTORS, CONTRACTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF THE VPN LIGHTNING SERVICE IN AN AREA OR COUNTRY WHICH PROHIBITS SUCH ACTIONS ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND/OR SERVICES ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VPN LIGHTNING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our Liability to you is limited.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VPN LIGHTNING SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

17. Dispute Resolution, Arbitration & Class Action Waiver

Please review these provisions carefully, as they include an contract to arbitrate any and all claims or disputes between you and VPN LIGHTNING (the “Agreement to Arbitrate”), which shall be binding on you absent your valid election to opt-out.

AGREEMENT TO ARBITRATE. You agree that any dispute or claim of any kind whatsoever between you and VPN Lightning LLC, regardless of when the dispute or claim arose or has arisen, will be decided by a binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules and Mediation Procedures, Commercial Arbitration Rules and Mediation Procedures, and/or Mass Arbitration Supplementary Rules (together, the “AAA Rules”), as applicable, and pursuant to this Agreement. The disputes and claims to which this Agreement to Arbitrate between you and VPN Lightning LLC applies includes, but is not limited to, any and all disputes or claims in connection with or relating in any way to this or one or more previous versions of the Agreement or your utilize of or access to our Services, any and all claims that arose before you accepted any version of this Agreement containing an arbitration provision, and the arbitrability of any and all disputes and claims (consistent with the “Delegation of Arbitrability” term below).

If there is a conflict between the Agreement and the AAA Rules, then we will follow the Agreement. The form of the arbitration hearing (i.e., in person or virtual) and its location will be determined in accordance with applicable AAA Rules. The fees and costs associated with arbitration will be those set forth in AAA applicable fee schedules. To learn more about the AAA Rules and how to begin an arbitration, you may call AAA at 800-778-7879, email AAA at [email protected], or visit AAA’s site at www.adr.org.

Any arbitration under the Agreement, including both the provisions of the Agreement and enforcement of the Agreement, shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. Judgment upon any award in arbitration may be entered in any court having jurisdiction.

If a court or arbitrator decides that any part of this Agreement cannot be enforced as to a particular claim for relief or remedy (such as declaratory relief), then that claim or remedy (and only that claim or remedy) shall be severed and must be brought in court and any other claims must be arbitrated. Any claims or cautilizes of action seeking relief not subject to arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the arbitration of the remaining claims to the maximum extent permitted by law.
Delegation of Arbitrability. For the avoidance of doubt, this Agreement to Arbitrate includes an contract by you and VPN Lightning LLC that the authority to determine the threshold question of whether a dispute or claim between you and VPN Lightning LLC is subject to arbitration—that is, whether such dispute or claim is arbitrable—shall rest exclusively with the AAA arbitrator and not with a court.

Informal Dispute Resolution. Before initiating an arbitration, you and VPN Lightning LLC agree to make a good-faith effort to resolve any dispute informally (“Informal Dispute Resolution”). To begin this process, the party seeking resolution must send the other party a written Notice of Dispute (“Notice”). If you are sending a Notice to VPN Lightning LLC, you must email it to [email protected].

If VPN Lightning LLC is sending a Notice to you, it may do so using the contact information associated with you or your account and/or by any other method reasonably calculated to provide you with actual notice. To be valid, your Notice to VPN Lightning LLC must include your full name, the email address you utilized to create your account, and a description of the nature of your dispute or claim and the specific relief sought. To be valid, VPN Lightning LLC’s Notice to you must include a description of the nature of its dispute or claim against you. The Informal Dispute Resolution period lasts 60 days from the date the Notice is received and is a mandatory prerequisite to initiating arbitration. During this 60-day period, any applicable statute of limitations or filing deadlines will be tolled.

Waiver of Class and Representative Actions. YOU AND VPN LIGHTNING MAY NOT BRING CLAIMS AGAINST THE OTHER AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. The arbitrator cannot hear class or representative claims on behalf of VPN Lightning LLC utilizers. However, nothing in this section shall prevent you or VPN Lightning LLC from participating in a class-wide settlement of claims.

Mass Arbitration. If more than 25 arbitration demands of a substantially similar nature, alleging substantially similar or identical claims or cautilizes of action, are filed against us by the same law firm or collection of legal counsel or law firms, AAA shall (i) group the arbitration demands into batches of no more than 25 demands per group; and (ii) provide for resolution of each group or batch as a consolidated arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. You and VPN Lightning LLC agree to cooperate in good faith with AAA to implement the aforementioned protocol for mass, collective, and/or batch arbitrations with regard to resolution, fees, and administration. To the extent AAA does not enforce these batching procedures, the parties agree that AAA shall endeavor to assign multiple proceedings to a single, mutually agreeable merits arbitrator consistent with the AAA Mass Arbitration Supplementary Rules.

Claims Not Subject to Arbitration. Notwithstanding the above, either you or VPN Lightning LLC may elect to:

(1) litigate a claim
in small claims court (or similar court) of your city or county of residence if the amount at issue is within the jurisdictional limits of that court. If the dispute is commenced as an arbitration by one party, the other party shall have 30 days after platform to elect to proceed in small claims court instead. In the event of such an election, the arbitration will be dismissed, and either party may commence the claim in small claims court.

(2) bring an action in state or federal court that asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation.

OPT-OUT OF ARBITRATION AGREEMENT. You may opt out of the Agreement to Arbitrate within 30 days after your first utilize of the Services or availability of this Agreement to Arbitrate, whichever is later, by sending written notice of your decision to opt out to [email protected] with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” To be valid, your notice of your decision to opt out must include your full name and the email address you utilized to create your account. If you do not opt-out within the 30-day timeframe, then the Agreement to Arbitrate shall be binding.

You and VPN Lightning LLC agree to litigate any dispute in arbitration, unless you timely opt out. You and VPN Lightning LLC will attempt to negotiate before initiating arbitration. No class actions.

18. Assignment

The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VPN Lightning LLC without restriction.

We may assign the conditions of this Agreement in the event of a transaction.

19. Severance

If any term, clause or provision of the present contract is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

If one part of this contract is found to not apply, the rest of the contract shall continue to apply otherwise.

20. Choice of Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of law principles. If You opt out of the arbitration clautilize, or if it is deemed invalid or inapplicable, the sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the State of Florida; in such event, you hereby submit to the jurisdiction and venue of said Courts, and you consent to platform of process in any legal proceeding.

If Subscriber agrees to all of the foregoing conditions and conditions, Subscriber may gain access to and utilize the Services after completing payment and the account sign up process.

The Parties choose the state of Florida for choice of law.

VPN Lightning

Features

Solutions

Resources

Desktop

Mobile

Home

Browser Extensions