This agreement (hereinafter "Agreement", "Terms of Service", "TOS" or "Terms") constitutes a legal agreement between you and Light Speed Consulting Corporation ( "We", "Us", "Light Speed" or "lightspeedtech.com") a provider of online services ("Services").
This Agreement, as well as any Service specific Terms of Service (e.g. Social Studio FX Terms of Service, Pixel Studio FX Terms of Service, Lifetime Stock Video Terms of Service) represents the agreement between you and Light Speed, and supersedes any and all other communications and any course of performance or course of dealing, except as modified by revisions of this posting by Light Speed or written agreement by an authorized officer of Light Speed (provided, however, that any such revised posting shall take effect prospectively from the date of the posting.)
These Terms, product offerings and pricing are subject to change at any time, without notice. If you do not agree to any changes, your only recourse is to stop using the service; in these situations we will provide a pro-rated refund for unused services. If you have questions about this Agreement or our Privacy Statement please contact us.
By purchasing Services, you are agreeing to this commercial relationship with us. As such, you agree our communications to you are solicited e-mails and not SPAM.
From time to time, we offer our Customers the opportunity to participate in special offers, contests or surveys, and we may feel it is important to notify you about new products and services through promotional materials and newsletters. You may choose to opt out of receiving these notifications either by responding to the unsubscribe instructions included in the e-mail or by contacting our Support Team.
Accounts will not be activated or reactivated without prior payment.
Incomplete, incorrect or questionable signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
Any losses or expenses experienced by the Customer, due to actions taken by Light Speed in response to Customer non-payment, are not the responsibility of Light Speed.
Light Speed's preferred methods of payment are credit card or PayPal.
By purchasing our services, you are agreeing to allow Light Speed to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan you select.
You grant Light Speed permission to charge your credit card or PayPal account for any and all services you request, including, but not limited to, service renewals and addons.
If we are unable to process a payment for your hosting plan by its due date, we will suspend your account.
If we are unable to process your payment within 3 days following your due date the account will be cancelled for non-payment and you will not be able to access your service or related files.
When an account is cancelled, all copies of customer files are permanently and irretrievably removed from our servers.
If we are required to recover files due to a cancelled account, we may bill up to $50.00/hour for our data recovery time and effort.
If an account has been suspended/cancelled for non-payment, it will only be reactivated upon payment of all overdue fees (including any late penalties and data recovery fees.)
If we make any refunds due to charges you dispute with your credit card company or Paypal, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by Light Speed as a result of your dispute or charge-back request. We cannot guarantee any customer files will be available upon reactivation.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.
You are free to cancel your account at any time. Similarly, we reserve the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement.
Fees for products and services are non-refundable, unless there is an express money-back guarantee.
If you are paying via a recurring PayPal Subscription, it is your responsibility to cancel the subscription through PayPal.
If you do not wish to continue your Services with Light Speed, it is your responsibility to contact our Support Team to cancel your account.
If an account with a money-back guarantee is purchased and cancelled within the money-back guarantee period, the Customer will, upon request, receive a full refund of all Service fees. Requests for these refunds should be made through our Support Team. Refunds made under our money-back guarantee will not include setup fees, overage fees or any fees for additional services that are purchased during the money-back guarantee period.
If your account is cancelled for any reason, we may, in our sole discretion, refund none, some or all of the payment remitted prior to cancellation. In most cases, we will process refunds using the same form of payment that was originally used to pay for the service being refunded. If we are not able to do so, we will issue the refund in the form of a check.
You have ninety (90) days to dispute any charge or payment processed by Light Speed. If you have a question concerning a charge you believe is incorrect, please contact us at firstname.lastname@example.org.
Pursuant to Light Speed's Privacy Statement, Light Speed may disclose to third parties certain aggregate information contained in your signup or related data. However, Light Speed will NOT disclose personally identifying information to third parties unless such disclosure is:
- required or permitted by law, or is reasonably necessary to comply with subpoenas, court orders, other legal process, or requests of governmental authorities;
- intended to prevent or assist in the investigation of suspected fraud or other illegal activities, or otherwise represents actions taken in connection with such activities;
- to enforce these Terms of Service or otherwise establish or exercise Light Speed's legal rights or defense against legal claims; or
Both you and Light Speed hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement.
The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims.
You and Light Speed each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings.
Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver.
The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.
We cannot accept any liability for downtime, interruptions of service, loss of business, loss of data, breach of security or inadvertent access to your private data.
We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where Light Speed must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.
LIGHT SPEED AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH LIGHT SPEED IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY LIGHT SPEED.
YOU AGREE THAT ALL ACCESS AND USE OF LIGHT SPEED AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL LIGHT SPEED BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, TOOLS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY’S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER, OR (C) ANY CUSTOMER WEB SITE OR ANY CONTENT ON SUCH WEB SITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, TOOLS AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEB SITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIGHT SPEED SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE.
These Terms shall bind and benefit the successors and heirs of the parties. These Terms, product offerings and pricing are subject to change at any time, without notice. If you do not agree to any changes, your only recourse is to stop using the service; in these situations we will provide a pro-rated refund for unused services.
By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and provincial court of The Province of Ontario having jurisdiction over you. The Terms and the relationship between you and Light Speed shall be governed by and interpreted in accordance with the laws of The Province of Ontario, Canada, without reference to its principles of conflicts of law.
If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
Last Modified: February 1, 2017