These Terms and Conditions are made between Light Horse Securities, Inc. ("Light Horse," "we" or "us") and you. The terms set forth below describes which you must accept without restrictions or objections before using the services of our firm. This document applies to Light Horse's web sites, mobile apps, other electronic channels as described below, and electronic content, services, tools and other mobile products. Light Horse's Services may be offered on the lighthorse.io domain as well as on other Internet domains operated by our agents or alliance partners.
Acceptance of the Terms and Conditions
Before using our services and before becoming a customer of Light Horse, you must fully understand and agree to all the terms and conditions expressly explained and/or implied in this document. Notwithstanding anything to the contrary, by continuing to use our services you are implying that you have read these Terms and Conditions and have unconditionally accepted them without reservation. Customers of Light Horse are granted additional levels of access, which include additional functionality not available to non-account holders. This access may include additional access to the website, mobile application and other functionality. This additional access is governed by additional agreements such as the Customer Agreement which must be accepted before the access is granted.
Revisions and Other Agreements
Light Horse may revise the terms and conditions of using its services at any time, and you agree to be bound by future revisions. If you have an account with Light Horse, your customer relationship with Light Horse is also governed by your customer agreements. Light Horse may also offer other services from time to time that are governed by different agreements or additional terms and conditions.
Licenses
Light Horse grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Light Horse Services. This license is conditioned on your continued compliance with the terms and conditions in this document as well any other customer agreement that may be required before using our services. Unless otherwise indicated for a particular Light Horse' service, any communications or material of any kind that you email, post or otherwise transmit through the Light Horse Services, including data, questions, comments, or suggestions (your "Communications") will be treated as non-confidential and non-proprietary. You hereby grant a license to Light Horse to reproduce, disclose, transmit, publish, broadcast, or post your communications either on the Light Horse' Web site or elsewhere with no liability or obligation to you. Light Horse is free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose including, but not limited to, developing and marketing products using such information.
Registration Information and Privacy
When you register for a Light Horse Service ("Registration"), such as a brokerage account, we may ask you to give us certain identifying information ("Registration") for the purpose of identity verification. You agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from Light Horse for any purpose. We agree to treat with care the information you entrust to us, in accordance with the disclosures we give during the registration process and in our Privacy Policy.
For your protection and the protection of our other customers and web site users, we ask you not to share your registration information or login credentials (including passwords and usernames) with any other person for the purpose of facilitating their access and unauthorized use of Light Horse' Services. If you do share this information with anyone we'll consider their activities to have been authorized by you. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within any Light Horse Service through the use of your registration information.
Light Horse may offer you the opportunity to personalize a Light Horse Service or your online experience with the broker dealer. While certain personalization features can provide a more convenient way to access the data, trading, cash management and or features most relevant to you, be aware that "cookies" and other similar identification techniques are used to associate you with the computer or electronic device that you are using. For more information about these techniques, see the firm's privacy policy posted on lighthorse.io. If you access Light Horse from a public location or if you otherwise share a computer or electronic device, some personalization features could reveal nonpublic personal information about you to others. You alone are responsible for deciding whether a particular personalization feature is appropriate for you and for any consequences that result from your decision.
Unauthorized Access
If you believe that someone has used your account registration information to access any Light Horse Service without your authorization, please contact Light Horse immediately at support@lighthorse.io.
Third Party Service Providers
Light Horse may use Third Party Service Providers to assist in providing certain Light Horse Services with or without notice to you (each, a "Third Party Service Provider"). Light Horse may also change Third Party Service Providers or may itself provide a Light Horse Service without the assistance of such third parties. You consent and authorize Light Horse to delegate the authorizations you provide to Light Horse to its Third Party Service Provider(s) as Light Horse deems necessary or desirable to provide the applicable Light Horse Service to you. You agree that the terms and conditions of the Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third Party Service Providers and such Third Party Service Providers are deemed to be third party beneficiaries of the Agreement, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. You also agree that all references to "Light Horse" within the Agreement and any incorporated terms are also deemed to include, where applicable, Light Horse's agents, such as the Third Party Service Providers. To protect the privacy and security of your personal information, Third Party Service Providers will only be authorized to use or maintain your personal information only in accordance with Light Horse's privacy policy.
Communications, Notice and Electronic Signatures
You agree to accept all communications from us regarding use of the Light Horse' Services at the addresses you provide during registration. Please promptly update any changes to your registration information. Light Horse is entitled to rely on the email address and U.S. mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or U.S. mail address. From time to time, we would like to send you information about Light Horse products and Services. If you register for a Light Horse' Service, you are granting Light Horse permission to communicate with you by email. You can opt not to receive such information from us in the future by following the instructions in any email that we send to you.
You agree to be bound by any affirmation, assent, or agreement you transmit through the Light Horse' Services you access by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an "I consent", "I agree," or other similarly worded "button" or entry field with your mouse, keystroke, fingertips or other device, your agreement or consent will be legally binding and enforceable and will be the legal equivalent of your handwritten signature.
Permitted Use of Light Horse Services
The following requirements apply to your use of all Light Horse Services:
- You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- You will not use any electronic communication feature of a Light Horse Service for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
- You will not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.
- You will not use any Light Horse Service for any commercial purpose not expressly approved by Light Horse in writing. You will not upload, post, e-mail or otherwise transmit any advertising or promotional materials, including, without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication. You will not collect or store personal data about other users.
Market Information
We may make available to you through one or more Light Horse' Services a broad range of financial information that we obtain from Third Party Service Providers. This includes financial market data, quotes, news, analyst opinions, and research reports. Collectively, we refer to this as "Market Information." Light Horse does not endorse or approve Market Information, and we make it available to you only as a service and convenience.
Light Horse and our Third Party Service Providers do not (1) warrant any results from your use or reliance on Market Information, or (2) guarantee the accuracy, timeliness, completeness or correct sequencing of Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Light Horse nor the Third Party Service Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither Light Horse nor the Third Party Service Providers will be liable to you in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by Light Horse to receive Market Information. If you are a securities broker, dealer, banker, or investment advisor, you agree not to use Market Information provided by Light Horse for any purpose related to your business.
No Recommendations or Investment Advice
The Light Horse Services and content (including Market Information) are for information, education, and entertainment purposes only. Although Light Horse Services may provide information relating to investment approaches and opportunities to buy or sell securities, you should not construe any Market Information, features, tools or other content available through any Light Horse' Service as legal, tax, investment, financial or other advice. Nothing contained in any Light Horse Service or any other content on our website constitutes a solicitation, recommendation, endorsement, or offer by Light Horse or a Third Party Service Provider to buy or sell any securities or other financial instruments. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Light Horse Service before making any decisions based on Market Information or content contained in a Light Horse Service. In exchange for using Light Horse Services, you agree not to hold Light Horse or any Third Party Service Provider liable for any possible claim for damages arising from any decision you make based on information made available to you through any Light Horse Service.
No Access Devices Use
You agree to not use Light Horse's computer systems, web site or any proprietary software or technology to automate the process of obtaining, downloading, transferring or transmitting any Market Information or any other content to or from any Light Horse Service, including Light Horse's computer systems, Web site or proprietary software.
Security of Data Transmissions
Electronic (including wired and wireless) communications through the Light Horse' Services may not be encrypted. You acknowledge that there is a risk that data, including email, electronic and wireless communication and personal data, may be accessed by unauthorized third parties when communicated between you and Light Horse or between you and other parties.
Monitoring by Light Horse
Light Horse, its affiliates and agents are entitled, but not obligated, to review or retain your Communications. We and our Third Party Service Providers may monitor your Communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Light Horse Services, or for other reasons. You agree that these monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Light Horse or its Third Party Service Providers monitor your Communications and enforce or fail to enforce the Rules and Guidelines of any Light Horse' Service and the terms of the Agreement. In no event will Light Horse or its Third Party Service Providers be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of any monitoring activities.
Outside Links
Light Horse may make available links from a Light Horse Service to other, third party sites or electronic services providers that are not affiliated with Light Horse. Light Horse does not control these other sites or services, and Light Horse makes no representations or endorsements whatsoever concerning those sites or services. The fact that Light Horse has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, service or product found on the Internet, and Light Horse cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Light Horse liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
Third Party Social Media
The Firm upholds a presence on third-party social media sites including Twitter, Facebook, LinkedIn, and Instagram. Any statements made by the Firm are not intended as investment advice or as an offer to sell the solicitation of an offer to buy and hold security. Light Horse has no affiliation with Facebook, Twitter, Instagram, or LinkedIn nor has any control over the use of these sites for the information shared on personal accounts. It is your responsibility to be aware of the privacy and security policies when engaging in the use of third-party social networking channels. It is important for you to understand how your user information can be displayed and used throughout the third-party site you are using and be familiar with how the account settings operate. When participating in social networking sites, you should never post personal information for your security and safety. The Firm reserves the right to monitor activity and remove offensive material associated with the Firm's profile. The Firm also reserves the right to block accounts posting inappropriate material, or for any other reason. The Firm's interactions with other accounts such as liking, sharing and following users is intended to provide supplementary perspective and should not be interpreted as an endorsement of any products or services of that account. Comments and statements are based exclusively upon the opinions of the Firm are subject to change.
Warranty Disclaimers
Although Light Horse tries to provide accurate and timely information through its Light Horse Services, there may be inadvertent technical or factual inaccuracies and typographical errors. Light Horse reserves the right to make changes and corrections at any time, without notice. The information provided through the Light Horse Services is provided "as available" and "as is". Light Horse does not warrant the accuracy, completeness or timeliness of the information, text, graphics, links or other items contained in the Light Horse Services. Light Horse provides no guarantee against the possibility of deletion, mis-delivery or failure to store communications, personalized settings, or other data. Light Horse expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained in the Light Horse Services. Light Horse may change information contained in the Light Horse Services at any time and makes no commitment to update the information contained in the Light Horse Services. You assume the entire risk as to the use of the Light Horse' Services.
Further, Light Horse makes no warranties regarding the Light Horse Services. Light Horse and its affiliates and agents (including third party service providers) disclaim all warranties, either express or implied, including but not limited to implied warranties of merchantability, accuracy, fitness for a particular purpose, and non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. You may have other rights which vary from state to state. Any price quotes may be delayed according to the rules and regulations applicable to exchanges and third party providers. Neither Light Horse nor the third party providers make any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes. Neither Light Horse nor the third party providers make any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any investment.
Any material downloaded or otherwise obtained through the use of the Light Horse Services is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Light Horse or through or from the Light Horse Services, will create any warranty not expressly stated in these terms.
Limitation of Liability and Indemnification
You agree to indemnify and hold Light Horse and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any claim, demand, loss, costs or expense, including attorneys' fees, made by any person arising out of your violation of this agreement, state or federal securities laws or regulations, or any other person's rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right.
Under no circumstances, including but not limited to a negligent act, will Light Horse or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, any Light Horse Service, even if any such party has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In no event will Light Horse or its third party service providers be liable to you or any third party for any tort, contract or any other liability arising in connection with the use of a Light Horse Service, or reliance on any information or services provided by Light Horse. Light Horse and its third party service providers will under no circumstances be liable to you and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if Light Horse or its Third Party Service Providers has been advised of the possibility of such damages resulting from: (I) the use or the inability to use the Light Horse Services; (ii) the timeliness, deletion, mis-delivery, or failure to store any user data, communications or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Light Horse Services; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of anyone on the Light Horse Services; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Light Horse Services. You agree that you will not in any way hold Light Horse responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with the Light Horse Services.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of Light Horse and its Third Party Service Providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail, then you expressly agree that under no circumstances will the total, aggregate liability of Light Horse and its Third Party Service Providers, employees, distributors, agents or affiliates, to you or any party claiming by or through you for any cause whatsoever, exceed $500 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
Restrictions on Use
Except as otherwise permitted by Light Horse, no materials from the Light Horse Services or any site owned, operated, licensed or controlled by Light Horse may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Light Horse Services for non-commercial, personal use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Light Horse Services for public or commercial purposes, including any audio, video, text, or images, without Light Horse's written permission.
Copyright and Trademarks
Light Horse' Services are owned by Light Horse or its affiliates or agents (including the Third Party Service Providers) and are protected by United States copyright laws and international treaty provisions. All content, trademarks, services, marks, trade names, logos, and icons are proprietary to Light Horse or its affiliates, licensors or agents (including the Third Party Service Providers). Other third-party products and brand names may be trademarks or registered trademarks of their respective owners, and may not be affiliated with Light Horse. Nothing contained in the Light Horse Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Light Horse Services without the written permission of Light Horse or such third party that may own the trademarks displayed on the Light Horse Services. Your use of the trademarks displayed on the Light Horse Services, or any other content in the Light Horse Services, except as provided herein, is strictly prohibited.
Images displayed through the Light Horse' Services are either the property of, or used with permission by, Light Horse. You are prohibited from using or authorizing the use of these images unless specifically permitted under the Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
Suspension, Modification and/or Termination of Light Horse Services
Light Horse reserves the right to modify or discontinue, permanently or temporarily, a Light Horse brokerage account or service (or any part thereof) with or without notice. You agree that Light Horse will not be liable to you or to any third party for any modification, suspension or discontinuance of a Light Horse' Service. Please keep in mind that extended periods of inactivity may also result in your enrollment in a Light Horse' Service being canceled. The license granted under the Agreement will terminate if Light Horse believes that any information provided by you, including your email address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of the Agreement. Upon such violation, you agree to terminate access to the Light Horse' Services.
Governing Law
The Agreement, and all future agreements you may enter into with Light Horse, unless otherwise indicated on such other agreement, will be governed by the law of the State of New York, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Light Horse in New York or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of New York, New York. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.