Terms of Service | Buyers
Lyte Terms of Service
CONSUMER TERMS FOR BUYERS
Lyte, Inc., and its affiliates, including Lyte AU PTY LTD ABN 79 664 266 120 in Australia, Lyte Inc UK LTD Companies House Number 14348305 in the United Kingdom (collectively referred to herein as “Lyte” or “we” or “us”) provides you with access to our website, console, digital experience, social media platform, mobile site, app, API, widget, or another part of our product or service, including software and content (collectively, our “Websites”) to purchase, sell or transfer event tickets (“Ticket Services”), subject to subject to these terms of service (these “Terms”), which may be updated by us from time to time without notice to you.
These Lyte Terms of Use: Consumer Terms for Buyers (these “Terms”) are entered into between Lyte Inc., and you (“you”). These Terms govern your use of the lyte.com website (the “Lyte Website”), and the Ticket Services accessed through the Lyte Website (the “Service”). You accept these Terms by either (1) clicking to agree or accept where these options are presented to you, or (2) actually using the Lyte Website or the Service. If you do not agree to these Terms, do not use the Lyte Website or the Service. Your use of the Lyte Website and the Service is also governed by the Lyte Privacy Policy, which together with these Terms is referred to herein as the “Agreement”.
IMPORTANT THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM
1. Your Use of the Service
1.1. The Service allows you to purchase tickets (each, a “Ticket”) to a sports, music, theatre or other event (the “Event”) as follows:
(i) Tickets are either offered by (a) an Event owner or operator who is using Lyte’s ticketing platform to sell Tickets to its Event, or (b) by Lyte if we have purchased or will purchase Tickets from a prior owner of that Ticket (a “Seller”). All sales are subject to the availability of such Tickets. If we are able to fulfill your Ticket request, you will receive an email confirming your purchase. A Ticket purchase through Launch or Encore is referred to as the “Standard Method”; and/or
(ii) From time to time, we may offer the “Private Exchange Method”. This purchase option is available via a Ticket offer link made available through the Service by a Seller and allows Ticket holders to enter into a direct exchange of their Tickets, with a buyer, subject to the pricing set by the Seller and a transaction fee.
Regardless of which purchase method you use, you will receive your purchased Ticket via email (or in some cases by mail, will call or other methods) on a date determined by us in our reasonable discretion.
1.2. When placing a request to purchase a Ticket through the Standard Method, you are entering into a binding contract with us to purchase that Ticket at the specified price if and when we are able to fulfill your request. When using a Ticket offer link to purchase a Ticket through the Private Exchange Method, you are entering into a binding contract with the Seller to purchase that Ticket at the specified price.
1.3. All sales are final once we fulfill your request or, as applicable, once you indicate your election to purchase a Ticket through the Private Exchange Method. Except as provided in Section 1.7, you will not receive a refund for completed purchases. Except for your limited rights, specified in Section 1.5, to cancel a request before it is fulfilled, you cannot change or cancel any requests placed or Tickets purchased through the Service.
1.4. Payment is remitted to us via the Payment Method (defined in Section 6) you select from our available Payment Methods. Additional terms or conditions for using Payment Methods (e.g., installment plans, partner payment plans) may be communicated at the point of purchase. You may have the option of making a single payment for the full purchase price of the Ticket at the time the Ticket becomes available, or making multiple installment payments totaling the Ticket purchase price (“Layaway Plan”).
1.5. Once you have placed a request for a Ticket through the Standard Method, you may cancel your request at any time before it is fulfilled, by clicking cancel, where this option is made available to you, on your order status page. If, at the time we receive your cancellation request and your request has not been fulfilled, we will cancel your request and you will not be charged.
1.6. The Layaway Plan allows you to pay for your Ticket over multiple installments (each an “Installment Payment”). We have sole discretion to determine if you are eligible for the Layaway Plan. We reserve the right to restrict your ability to access the Layaway Plan option. There may be a usage fee charged to use the Layaway Plan. This usage fee is non-refundable. A timeline for Installment Payments will be displayed when the order is placed and a schedule of dates for Installment Payments will be provided when Tickets become available. The first Installment Payment is due and automatically withdrawn using your Payment Method when the requested Tickets become available. The ensuing Installment Payments are automatically withdrawn from the Payment Method before the event date. All purchases using the Layaway Plan must be paid in full prior to the event date. You acknowledge and agree that you are responsible for the full Ticket purchase price. If a payment is not successfully processed on or before the scheduled installment date, all previous Installment Payments will be forfeited by the buyer and we reserve the right to transfer the Ticket(s) to another user. There are no refunds for partially paid Layaway Plans. In the event of a failed Installment Payment, there is a grace period of up to 10 days or until one day before the next Installment Payment is due to rectify payment details or to enter a new Payment Method. Failure to submit payment before the grace period expires will result in the Layaway Plan being canceled. If a Layaway Plan is voluntarily canceled or canceled due to failed payments, all funds paid into the Layaway Plan will be forfeited and will not be refunded.
1.7. In the event that in our reasonable judgment, we decide to investigate a possible violation of these Terms or our policies, you agree to cooperate fully with such investigation. If we have a good faith basis to believe you are in material breach of these Terms or applicable law, we may take any action that we deem appropriate in our sole discretion, including without limitation temporarily or permanently suspending you from using or accessing the Service, canceling a sale, or declining to deliver a Ticket to you.
1.8. In the event that (a) the Event is canceled or postponed in whole or in part, (b) a Ticket you purchase is invalid or (c) there are other problems with your Ticket that prevent you from attending the Event to which the Ticket purports to give you entry, and, in the case of each of clause (a), (b) and (c), we are able to cancel our payment obligation to the Seller or to receive a refund of the price paid by us for the Ticket to the Seller (or, if you purchased the Ticket using the Private Exchange Method, we are able to cancel your payment obligation to the Seller or to receive a refund of the price paid by you for the Ticket to the Seller), then we may, in our sole discretion and without any obligation on our part, issue a full or partial refund of the price you paid to us for the Ticket.
2. Who May Use the Service
2.1. You may use the Service only if you meet all of the following eligibility requirements:
- You must be 18 years or older.
- You must have access to a compatible computer, smartphone, mobile device or other device that is supported by our platform.
2.2. We reserve the right to change eligibility requirements or to terminate any person’s right to use the Service at any time in our sole discretion.
3. Your Account
3.1. To use the Service, you must register through the Service to establish an account with us. You are responsible for providing us with accurate information and updating your account as necessary to keep it current. Your account is non-transferrable. Each Account Credentials can be used by only one Registered User. You are responsible for the confidentiality and use of your Account Credentials, including all activities that are associated with your Account Credentials. You will promptly inform us of any need to deactivate your Account Credentials. Lyte is under no obligation to accept any individual as a Registered User of the Service and may accept or reject any registration in its sole and complete discretion. We have the right to disable any Account Credentials at any time for any reason, including if in our sole discretion we believe that you have failed to comply with these Terms.
4. Your Covenants, Representations and Warranties
4.1. Each time you use the Service, you agree, represent and warrant to us that:
- You meet all of the eligibility requirements for using the Service.
- All of the information provided to us in your account and in connection with your use of the Service is current and accurate and is not fraudulent or misleading.
- Your use of the Service fully complies with these Terms and with all applicable local, state, provincial, national, and international laws, rules, and regulations.
- You will not purchase Tickets for the purpose of brokering the Tickets for a marked up price on unofficial ticket marketplaces.
- You will not violate any venue or event promoter rules in connection with the Event.
- Your use of the Service does not infringe the copyright, trademark, trade secret, other intellectual property or proprietary rights, or privacy, publicity, or other rights, of any third party.
- Your use of the Service does not breach any duty of confidentiality that you owe to any third party.
- Your use of the Service does not promote any illegal activities.
- You are using the Service for your personal, non-commercial use.
4.2. We agree to make commercially reasonable efforts to forward to you, at the email address provided by you to us, communications received by us, after your purchase of the Ticket, from the event organizer, Seller or any other third party that may, in our sole discretion, be materially relevant to you, including, for example, informational communications and communications that grant additional rights or privileges (such as VIP access and amenities).
4.3. You agree that Lyte and/or third parties own all right, title and interest in and to the Lyte Website and the Service, including without limitation all applicable intellectual property rights. The Service contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Lyte (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content, and the Services automatically terminates, and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Lyte (the “Lyte Trademarks”) used and displayed on the Service are registered and unregistered trademarks or service marks of Lyte. Other company, product, and service names located on the Service may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Lyte Trademarks, the “Trademarks”). Nothing on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Lyte Trademarks inures to our benefit.
Elements of the Service are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
4.4. You agree that you will not, and will not allow any third party to, (i) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service, or interface protocols of the Service; (ii) modify, adapt, or translate the Service, or any portion or component thereof; (iii) make any copies of the Service, or any portion or component thereof; (iv) resell, distribute, or sublicense the Service, or any portion or component thereof; (v) remove or modify any proprietary markings or restrictive legends placed on the Service; (vi) use the Service, or any portion or component thereof in violation of any applicable law, in order to build a competitive product or service, or for any purpose not specifically permitted in this Agreement; (vii) introduce, post, or upload to the Service any virus, worm, “black door,” Trojan Horse, or similar harmful code; (viii) save, store, or archive any portion of the services (including, without limitation, any data contained therein) outside the Service other than those outputs generated through the intended functionality of the Service without the prior, written permission of Lyte in each instance; (ix) use the Service in connection with service bureau, timeshare, service provider or like activity whereby you operate the Service for the benefit of a third party; or (x) circumvent any processes, procedures, or technologies that we have put in place to safeguard the Service.
If you violate this section, Lyte reserves the right in its sole discretion to immediately deny you access to the Service, or any portion of thereof, without notice. Lyte reserves the right to change the availability of any feature, function, or content relating to the Service, at any time, without notice or liability to you.
4.5. You agree that you will not (a) engage in any activity that interferes with or disrupts the Lyte Website or the Service (or the servers and networks that are connected to the Service), (b) use the Service in a way that interferes or disrupts any servers, networks, or websites operated by us or any third-party or (c) use any data mining, “bots,” “spiders” or similar data gathering and extraction tools.
5. Our Provision of the Service
5.1. You agree that we may stop (permanently or temporarily) providing the Service to you or to users generally at our sole discretion, without prior notice to you.
5.2. You agree that we may suspend any payment distribution of payments to your account using our third party payment processor if without limitation we reasonably suspect that the Service was used by your or any third party (i) in violation of these Terms, (ii) in violation of applicable law, or (iii) to commit or attempt to commit any fraud upon Lyte or any third party. If we suspend any payment distribution to you, we will notify you as soon as practicable unless we are prohibited from doing so as required by applicable law.
5.3. For purposes of this Agreement, “Your Data” means any data and information that you submit to the Services; and “Usage Data” means anonymous, analytical data that Lyte collects concerning the performance and your use of the Service, including, without limitation, date and time that you access the Service, the portions of the Service visited, the frequency and number of times such pages are accessed, the number of times the Service is used in a given time period and other usage and performance data.
You own all right, title, and interest in and to Your Data, including all modifications, improvements, adaptations, enhancements, or translations made thereto, and all intellectual rights therein. You hereby grant Lyte a non-exclusive, worldwide, fully paid-up, royalty-free right and license, with the right to grant sublicenses, to reproduce, execute, use, store, archive, modify, perform, display and distribute Your Data: (i) during the term of this Agreement, in furtherance of Lyte’ obligations hereunder; and (ii) for Lyte’ internal business purposes, including using such data to analyze, update, and improve the Service and Lyte’s analytics capabilities and for benchmarking purposes.
Notwithstanding anything to the contrary herein, we may use, and may permit our third-party service providers to access and use, Your Data, as well as any Usage Data that we may collect, in an anonymous and aggregated form (“Aggregate Data”) for the purposes of operating, maintaining, managing, and improving our products and services including the Service. Aggregate Data does not identify you. You hereby agree that we may collect, use, publish, disseminate, sell, transfer, and otherwise exploit such Aggregate Data.
6. Payment Processing
6.1. We may make available to you various payment processing methods to facilitate your use of the Service, including payment by credit card or debit card (each, a “Payment Method”). You agree to abide by any relevant terms of service or other legal agreement, whether with us or a third party, that governs your use of a given Payment Method. You agree that we reserve the right to add or remove Payment Methods at our sole discretion and without notice to you.
7. Third-Party Websites
7.1. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites, resources or links displayed on such websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which the Lyte Website links, and that link to the Lyte Website. We do not have any control over those third-party websites and are not responsible for their contents or their use. By linking to a third-party website, we do not represent or imply that we endorse such website. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of any third-party website.
8. Your Personal Information
8.1. In order to use the Lyte Website or the Service, you may be required to provide information about yourself such as your name, email address, telephone number and Payment Method information (“Personal Information”). You agree that any Personal Information you provide to us will always be accurate, correct and up to date. All Personal Information provided will be subject to the Lyte Privacy Policy.
9. Messaging
9.1 We may send reminders, alerts or critical notifications related to Services via you via SMS texts, in-Services messaging, push notifications, or email. You may be charged for SMS texts and are solely responsible for such charges. You agree that the delivery of messages is not guaranteed, and you remain responsible for amounts incurred for your use of the Services regardless of such communications. You may opt out from receiving SMS, e-mail or push notifications to the extent allowed via the functionality provided in the Services. Opting out from such communications may impair your ability to use the full functionality and features of the Services and may prevent you from enjoying the full benefits of the Services.
10. Indemnification
10.1. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Lyte, its affiliates and their respective directors, officers, employees and agents from and against any and losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees or any other related legal costs) arising out of any claims, actions, suits or proceedings related to (a) your use or misuse of the Lyte Website or the Service, (b) your breach of these Terms or this Agreement; (c) negligence, gross negligence, willful misconduct, fraud, misrepresentation or (d) your violation of applicable laws or the rights of any third party, including without limitation any copyright, trademark, property, or privacy right; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise, provided you may not shall settle, or consent to any entry of judgment in, any claim without obtaining either: (i) an unconditional release of Lyte (and all other Lyte indemnitees, as applicable) from all liability with respect to all claims underlying such claim or (ii) the prior, written consent of Lyte.
11. Modifications to Terms
11.1. We may make changes to these Terms from time to time. We may post such modified Terms on the Lyte Website or communicate modifications by email or text messages. Your continued use of the Lyte Website or the Service following the posting or communication of such changes constitutes your acceptance of any such changes. If you do not agree with these Terms, or any modified versions thereof, you may not use the Lyte Website or the Service.
12. Export Restrictions; Tax Laws
12.1. The Service may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
12.2. You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Service, and that the reporting and payment of any such applicable taxes are your responsibility.
13. Disclaimer of Warranties
13.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE LYTE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE LYTE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13.2. YOUR USE OF THE LYTE WEBSITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
13.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE LYTE WEBSITE, THE SERVICE, ANY TICKETS, OR THE EVENT. WE ARE NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR (1) EVENT CANCELLATIONS; (2) VENUE, DATE OR TIME CHANGES; (3) INVALID TICKETS OR ANY OTHER PROBLEMS WITH TICKETS; OR (4) THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY ORGANIZER OR PLANNER OF THE EVENT (“ORGANIZER”), TICKET SELLER, TICKET BUYER OR OTHER THIRD PARTY, BEFORE, DURING AND/OR AFTER THE EVENT. YOU ACKNOWLEDGE THAT WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF THE EVENT, OR THE TRUTH OR ACCURACY OF ANY REPRESENTATIONS MADE, OR ANY INFORMATION, DATA, IMAGES, GRAPHICS OR OTHER CONTENT DELIVERED BY, ORGANIZERS OR OTHER THIRD PARTIES. EXCEPT TO THE EXTENT, WE ELECT TO ISSUE A REFUND IN ACCORDANCE WITH SECTION 1.4, WE WILL HAVE NO OBLIGATION TO ISSUE ANY REFUNDS OF THE PRICE PAID BY YOU TO US FOR A TICKET YOU PURCHASE USING THE SERVICE.
14. Limitation of Liability
14.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE LYTE WEBSITE OR THE SERVICE, WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW THE FOREGOING LIMITATION OF DAMAGES, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER ANY THEORY OF LIABILITY SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).
15. Binding Arbitration
In the event of a dispute arising under or relating to this Agreement, the Services (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 17 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
16. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any such action by us.
18. Miscellaneous
18.1 . We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site and our services (“Feedback”). Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to any Feedback you provide, we shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
18.2. These Terms and the Lyte Privacy Policy constitute the whole legal agreement between you and us and govern your use of the Lyte Website and the Service, and completely replace any prior agreements between you and us in relation to the Lyte Website and the Service.
18.3. You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
18.4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
18.5. We may assign or transfer these Terms at any time. You may not assign or transfer these Terms, or any of your rights or obligations, without our prior written consent, which we can refuse in our sole discretion.
18.6. These Terms and your relationship with us under these Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and we agree to submit to the exclusive jurisdiction of the state and federal courts located within San Francisco, California to resolve any legal matter arising from these Terms,and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
18.7. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms or your use of the Lyte Website or the Service.
Copyright 2023 Lyte, Inc. All rights reserved.