Effective Date: November 1, 2021
If you’re ever unsure of a section or how it might apply to you, we’d be happy to explain. Just send us an email at [email protected].
The following terms and conditions govern all use of the LiteSite website (the “Site”), and the services and products available online, including via a mobile application (collectively, the “Service”). The Service is owned and operated by LiteSite Inc, also referred to as “LiteSite”. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by LiteSite Inc (collectively, the “Terms of Service” or “Terms” or “Agreement”).
This Agreement governs your use of the Service. For the purposes of this Agreement, The terms “we”, “us” or “our” shall refer to LiteSite Inc. “User” (also referred to herein as “you” or “your” or “Customer”) means the company or other organization or individual that is purchasing a subscription to the Service, or subscribing to the Service’s free version, or using the Site as a guest or visitor. If you are entering into these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service. “Invitees” are people who have scheduled a meeting with a LiteSite User but may or may not have registered with LiteSite. A “Site Visitor” is a person who visits the LiteSite Website but may or may not be a User or Invitee.
LiteSite’s Services facilitate the online scheduling of appointments. You may access and use the Services only in accordance with these Terms. Please note that these Terms govern your use of the Services, including, but not limited to, the process through which your Invitees schedule appointments with you.
If you access and use the Site and/or the Service, you represent and warrant that you are at least 16 years old and competent to agree to these Terms. The Site and/or Service are only intended for individuals aged sixteen (16) years or older. We reserve the right to request proof of age at any stage so that we can verify compliance with this paragraph. and you are responsible for ensuring that all Users and Invitees are at least sixteen (16) years old. Creating an account with false information is a violation of our Terms, including creating an account on behalf of others or persons under the age of 18.
LiteSite services (the “Service”) enable corporate web sites, small business web sites, community sites and individual sites to sign up web site visitors, collect and store visitor subscription information, and build and conduct email communications with their contacts.
LiteSite’s Services also facilitate the online scheduling of appointments and sending.
The number of contacts in your account is metered by LiteSite.
All subscription plan prices are subject to change at any time.
Monthly fees will be charged even if your account was not used to send emails.
It is understood that LiteSite makes no guarantee that HTML messages will be rendered properly on all recipients' email programs, due to the wide variety of HTML generation tools available. LiteSite makes every attempt to make sure that all email messages sent through our servers follow email standards, but we cannot guarantee that messages will look consistent across all email platforms.
Refund Terms: We strive to ensure complete satisfactionwith our services. If you are not satisfied with LiteSite for any reason, youmay request a refund within 15 days of your initial subscription or anyrenewal. Refunds are subject to the following conditions:
Refund requests must be made in writing to [email protected].
Refunds are not applicable for partial use or in cases of policy violations.
All refunds are at the sole discretion of LiteSite Inc.
By using LiteSite, you acknowledge and agree to not use the Services for spam, and you agree to comply with the provisions of the CAN-SPAM Act. We have a zero-tolerance spam policy. You acknowledge and agree that we may immediately terminate any account that we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email activity.
The content you include in any email must be accurate and you may only use the Services to send emails to customers and contacts who have expressly opted in or given you permission to send emails to them. If you do not have written proof that each recipient on your contact list has expressly opted in or given you permission to send emails to them, do not include them in any email marketing campaign.
We prohibit the use of third-party, purchased, rented, or harvested mailing lists. You shall not send emails (i) to newsgroups, message boards, distribution lists, or unsolicited email addresses, or (ii) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such emails from you or another party on whose behalf you may be commissioned.
LiteSite reserves the right, at its sole discretion, to modify or terminate the Service or to modify the Terms, at any time and without prior notice. By continuing to access or use the Service after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to use the modified Service and/or to be bound by the modified Terms of Service. If the modified Service or Terms of Service are not acceptable to you, your only recourse is to cease using the Service. This Agreement was last revised on November 1, 2021.
Our Proprietary Rights
The Service and Site contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by LiteSite and its partners, as well as other sources, and are protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Service and Site are also protected as a collective work or compilation under U.S. and global copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Websites. You acknowledge that the Service and Site have been developed, compiled, prepared, revised, selected, and arranged by LiteSite and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of LiteSite Inc and such others. You agree to notify LiteSite immediately upon becoming aware of any claim that the Service and Site infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. Any unauthorized use of any material contained on or through the Service and Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
You may not use LiteSite to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, content that promotes, encourages, or engages in terrorism or violence, pyramid schemes, chain letters, multi-level marketing campaigns, affiliate and network marketing materials, or any other content we deem inappropriate. You may not exploit LiteSite’s service agreement by systematically uploading, sending, deleting, then replacing contacts in order to send to more unique email addresses than you're permitted for your service level.
Unfortunately, some industries yield higher-than-normal abuse rates, which can negatively affect the deliverability for other LiteSite users. In order to maintain the highest possible delivery rates for all our users, LiteSite is unable to send on behalf of certain industries and senders.
This includes, but is not limited to, the following:
• Pharmaceutical products
• Work from home, make money on online, and lead generation opportunities
• Online trading, day trading tips, or stock market-related content
• Gambling services, products, or tips
• Multi-level marketing (MLM)
• Affiliate marketing
• Credit repair and get out of debt opportunities
• Mortgage and loan content
• Nutritional, herbal, and vitamin supplements
• List brokers or list rental services
• Counterfeit or "knock off" products appearing to be another brand
It is the responsibility of the sender to ensure that their content falls within these guidelines. LiteSite may monitor your account to ensure compliance with these terms and operation within the acceptable standards of the industry and of the email providers you are sending to.
Use of Services
Subject to the other terms herein, we will use commercially reasonable efforts to make the Service available to you at all times, subject to downtimes for scheduled maintenance, upgrades, repairs and emergency outages. You agree that the Site will not be responsible or liable for any failure in the Service resulting from or attributable to (a) unusually high usage volumes, (b) failures in any telecommunications services, networks or systems, (c) User’s or any other third party’s negligence, acts or omissions, (d) the unavailability for any period of any Data Source for any reason, (e) any force majeure or other cause beyond Company’s reasonable control, or (f) any unauthorized access to the Service or your account, breach of firewalls or other hacking.
If any portion of the Site or Services require you to open an account, you must complete the registration process by providing LiteSite with current, complete and accurate information, as prompted by the applicable registration form and account section if you wish to have access to such features. You further agree to keep any registration information you provide the Site current, complete and accurate.
As part of the registration process, you may be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account information and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify the Site by email immediately of any unauthorized use of your account or any other breach of security. LiteSite will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by LiteSite or another party due to someone else using your account or password. In the event that the User loses access to an account or otherwise requests information about an account, LiteSite reserves the right to request from the User any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.
User Content and Feedback
The Service allows you to create meetings, appointments, events, consultations or similar (herein referred to as “Events”) and submit associated information, text, files, and other materials (collectively, “User Content”) and to share that User Content with others. User Content submitted or otherwise made available to the Service is subject to the following terms:
By registering for the Service, User agrees to grant and does hereby grant to LiteSite a non-exclusive, transferable, royalty-free, worldwide right and license to access, copy, store, perform, display, modify, distribute, transmit, collect, reproduce, create derivative works of and otherwise use the User Content in connection with providing the Service to the Subscriber and in connection with providing maintenance and support services to the Subscriber. Such license will terminate upon the termination of the Subscriber’s account, for whatever reason.
You also hereby grant to LiteSite a non-exclusive, royalty-free, worldwide, perpetual, irrevocable right and license to access, copy, store, aggregate and otherwise use the User Content in connection with developing, improving, extending and testing the Service.
The Site may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to LiteSite and share such Feedback with other users, or the public. By submitting Feedback through the Site, you grant LiteSite a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other LiteSite marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.
License and Restrictions
In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not:
copy, modify, publish, transmit, distribute, transfer or sell, create derivative works of, or in any way exploit any of the information, software, text, images, graphics, video files, audio files, ideas or other materials (collectively the “Content”) of the Site not submitted or provided by you, including by use of any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology, unless you obtain our prior written consent;
use any engine, software, tool, agent or other device or mechanism to navigate or search the Site, other than the search engines and agents available through the Service and other than generally available third-party web browsers;
copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained through the Site or the Services;
access the Site or Services by any means other than through the standard industry-accepted or LiteSite-provided interfaces;transmit any message, information, data, text, software, image, or other content that is:
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;
contains any personal information of minors;
contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without our prior written consent granted as part of a Customer Agreement;
post or transmit any material that contains a virus, worm, Trojan horse, corrupted data, or any other contaminating or destructive feature;
use any of the Site’s or Service’s communications features in a manner that adversely affects the availability of its resources to other users;
violate any applicable local, state, national, or international law;
upload or transmit any material that infringes any patent, trademark, trade secret, copyright, personally identifiable information or other proprietary rights of any third party or violates a third party’s right of privacy or publicity;
manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology;
register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party from the Site or Service;
use the Site and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions;
use the Site or the Services in any manner that could damage, disable, overburden, or impair LiteSite’s servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the Services;
gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Service if you are not expressly authorized by such party to do so;
knowingly provide any Content that is false or inaccurate or becomes false or inaccurate at any time.
In addition to any other remedies that may be available to us, we reserve the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service or Site, upon notice and without liability for LiteSite should you fail to abide by the rules in this section or if, in LiteSite’s sole discretion, such action is necessary to prevent disruption of the Service or Site for other users.
Subscription Term, Renewal, and Payment
The Service is provided on a monthly or annual subscription basis referred to herein as “Subscription Term” or “Subscription Plan” or collectively as the “Subscription”.
In consideration for the provision of the Service the User shall pay us the applicable fees per the purchased Subscription, as set forth in the applicable subscription form (the “Subscription Fees”). Unless indicated otherwise, Subscription Fees are stated in US dollars. User hereby authorizes us, either directly or through our payment processing service, to charge such Subscription Fees via User’s selected payment method, upon due date. Unless expressly set forth herein, the Subscription Fees are non-cancelable and non-refundable. We reserve the right to change the Subscription Fees at any time, upon notice to the User if such change may affect User’s existing subscriptions upon renewal. In the event of failure to collect the Fees owed by User, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel the Account, without notice.
The Subscription Fees are exclusive of any and all taxes (including without limitation, value added tax, sales tax, use tax, excise, goods and services tax, etc.), levies, or duties, which may be imposed in respect of these Terms and the purchase or sale, of the Service hereunder (the “Taxes”), except for Taxes imposed on our income. The User shall bear the sole responsibility and liability to pay such Tax and such Tax should be deemed as being added on top of the Subscription Fees, payable by Customer.
During the Subscription Term, the User may upgrade its Subscription Plan by either: (i) adding Authorized Users; (ii) upgrading to a higher type of Subscription Plan; (iii) adding add-on features and functionalities; and/or (iv) upgrading to a longer Subscription Term (collectively, “Subscription Upgrades”). Some Subscription Upgrades or other changes may be considered as a new purchase, hence will restart the Subscription Term and some won’t, as indicated within the Service. Upon a Subscription Upgrade, User will be billed for the applicable increased amount of Subscription Fees, at our then-current rates (unless indicated otherwise), either: (1) prorated for the remainder of the then-current Subscription Term, or (2) whenever the Subscription Term is being restarted due to the Subscription Upgrade, then the Subscription Fees already paid by User will be reduced from the new upgraded Subscription Fees, and the difference shall be due and payable by User upon the date on which the Subscription Upgrade was made.
Unless agreed otherwise, any changes to the number of Users within a certain Account, shall be billed on a prorated basis for the remainder of the then-current Subscription Term. We will bill User, either upon the Users Increase or at the end of the applicable month, as communicated to the User.
In order to ensure that the User will not experience any interruption or loss of services, the User’s Subscription includes an automatic renewal option by default, according to which, unless User disables the auto-renewal option or cancels its Subscription prior to its expiration, the Subscription will automatically renew upon the end of the then applicable Subscription Term, for a renewal period equal in time to the original Subscription Term (excluding extended periods) and, unless otherwise notified to User, at the same price (subject to applicable Tax changes and excluding any discount or other promotional offer provided for the first Subscription Term).
Accordingly, unless either the User or us cancel the Subscription prior to its expiration, we will attempt to automatically charge the User the applicable Subscription Fees upon or immediately prior to the expiration of the then applicable Subscription Term. If the User wishes to avoid such auto-renewal, the User shall cancel its Subscription (or disable the auto-renewal option), prior to its expiration, at any time through the Account settings or by contacting the LiteSite team at [email protected]. Except as expressly set forth in these Terms, in case a User cancels its Subscription, during a Subscription Term, the Subscription will not renew for an additional period, but you will not be refunded or credited for any unused period within the Subscription Term.
Unless expressly stated otherwise in a separate legally binding agreement, if the User received a special discount or other promotional offer, the User acknowledges that upon renewal of its Subscription, LiteSite will renew such Subscription, at the full applicable Subscription Fee at the time of renewal.
Indemnity and Limitation of Liability
You agree to defend, indemnify, and hold LiteSite, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or relating to:
your use of or access to the Service;
your breach of these Terms;
your violation of applicable laws, rules or regulations in connection with your use of the Service.
We only provide the Service and Site for your internal use. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity based on your use of or reliance on the Service and Websites. We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so.
You understand that we cannot and do not guarantee that files available for downloading from the Internet or our Service or Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service and Websites for any reconstruction of any lost data.
The Service and Site may provide information and content provided by third parties, links to third-party websites or resources, such as sellers of goods and services, and third-party products and services for sale directly to you. We are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for:
any content, advertising, products, or other materials on or available from such sites or resources;
any errors or omissions in these websites or resources;
any information handling practices or other business practices of the operators of such sites or resources.
You further acknowledge and agree that LiteSite shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
By linking to third party websites, we do not create or have an affiliation with or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. LiteSite has no control over the legal documents and privacy practices of third party websites, and by using them, you may be giving those third parties permission to use or control your information in ways we would not. As such, you access any third-party websites at your own risk.
Any action related to this Agreement will be governed by the State of Delaware law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Wilmington, Delaware for the resolution of all disputes arising from or related to this Agreement and/or your use of the Site, or Service.
The failure of LiteSite to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LiteSite. Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under this Agreement or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
By using the Site and the Service, either as a User or Invitee, you consent to receive electronic communications from LiteSite. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and Service. These electronic communications are part of your relationship with LiteSite and you receive them as part of your subscription to the Site and/or Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
By scheduling a meeting as an Invitee with a LiteSite User, you consent to receive transactional emails related to the scheduled meeting (e.g. booking confirmations and reminders). If, as an Invitee, you provide your phone number for text reminders, you also consent to receive SMS text reminders from LiteSite related to the scheduled meeting between you and the User.
You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us at your discretion and as necessary.
We may deliver notice to you by e-mail, posting a notice on the Service and/or Site or any other method we choose, and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address: LiteSite Inc. 500 Westover Dr #5386 Sanford NC 27330; or [email protected].
Local Laws; Export Control
LiteSite is controlled and operates the Services from our headquarters in the United States of America and the entirety of the Services may not be appropriate or available for use in other locations. If you use the Services outside the United States of America, you are solely responsible for following applicable local laws.
LiteSite and you shall comply with all relevant United States export control laws and regulations. Without limiting the foregoing: (a) you acknowledge that the Services may be subject to the United States Export Administration Regulations; (b) you affirm that you are not, and you will not (i) permit Users or Invitees to access or use the Services in a United States embargoed country; (ii) or permit Users or Invitees on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists or (iii) permit Users or Invitees on the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list; and (c) you are responsible for complying with any local laws and regulations which may impact your right to import, export, access, or use the Services.
THE SERVICE, THE SITE, THEIR COMPONENTS, THE DOCUMENTATION, THE SUPPORT SERVICES, AND ANY OTHER MATERIALS PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND NEITHER PARTY MAKES ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT EITHER PARTY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
Limitation of Liability
EXCEPT IN CONNECTION WITH YOUR BREACH OF RESTRICTIONS OR YOUR FAILURE TO PAY ANY AMOUNTS DUE AND OWING: (I) IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS) ARISING FROM OR RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF; AND (II) EACH PARTY’S AGGREGATE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT WILL NOT EXCEED THE SUBSCRIPTION FEES PAID BY YOU HEREUNDER DURING THE PERIOD SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.