Terms of Service | Sellers

Lyte Terms of Service

Effective: November 15, 2023

 

CONSUMER TERMS FOR SELLERS

Lyte, Inc., and its affiliates,  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 these Terms of Service: Consumer Terms for Sellers (these “Terms”), which may be updated by us from time to time without notice to you. 

These Terms are entered into between Lyte and you (“you”). These Terms govern your use of the lyte.com website (the “Lyte Website”), and theTicket 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”.

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 (a) to submit to us a request for a buyback purchase offer for an unused ticket to a sports, music, theatre or other event (each, a “Ticket”) that you would like to sell, and (b) if we agree to purchase the Ticket and you agree to our proposed Ticket purchase price and, when prompted, you transfer your Ticket to us in the manner specified by us through your use of the Service, to sell the Ticket to us (this selling option, the “Standard Method”). Where this selling option is available as specified through the Service, the Service also allows you (a) to use a Ticket offer link made available through the Service to offer the Ticket to third-party purchasers, at a price determined by you (subject to certain restrictions, if so specified to you through the Service), and (b) if a third-party purchaser agrees to purchase the Ticket at the specified price and, when prompted, you return your Ticket in the manner specified by us through your use of the Service, to authorize us to sell the Ticket on your behalf to the third-party purchaser (this selling option, the “Private Exchange Method”). You agree that, if you offer a Ticket using the Private Exchange Method, and no third-party purchaser has yet purchased the Ticket, we have the right to purchase the Ticket from you at your specified price, in which case you must transfer your Ticket to us in the manner specified by us.

1.2. To submit a Ticket to the Service using the Standard Method, you must request a buyback purchase offer price through the Service. We will instantly notify you whether we are willing to purchase your Ticket and, if so, at what price. The price quoted to you will be net of all fees incurred by us for providing the Service. If you accept our proposed purchase price and when prompted, transfer the Ticket through the Service, and provided that you comply with these Terms and that the applicable event is not cancelled or postponed, we will initiate a transfer of the purchase price to your original method of payment (or, if this payment method is not available, to pay you the purchase price using your PayPal account or another payment method) not later than one business day after the date of the applicable event. You acknowledge and understand that, when using PayPal or other methods to transfer funds, there may be a delay, after we initiate the transfer, before your account is credited with the transferred funds. You agree to be subject to Paypal’s applicable terms of service and privacy policy available at: https://www.paypal.com/us/webapps/mpp/ua/legalhub-full.

1.3. To offer a Ticket for sale using the Private Exchange Method, you must request and use a Ticket offer link provided through the Service. We will notify you when either (a) a third-party purchaser has clicked on the link and communicated to us his or her agreement to purchase the Ticket at your specified price or (b) we have elected to purchase the Ticket at your specified price. In either case, the price paid to you will be your specified purchase price less a fee charged by us for your use of the Service. We reserve the right to cancel any listings using the Private Exchange Method before a third-party purchaser has agreed to purchase a ticket. If we notify you that we or a third-party purchaser has elected to purchase the Ticket, and if you, when prompted, return the Ticket through the Service, and provided that you comply with these Terms and that the applicable event is not cancelled or postponed, we will initiate a transfer of the purchase price (net of our fee) to your PayPal account (or, if this payment method is not available, to pay you the net purchase price using another payment method) not later than one business day after the date of the applicable event. You acknowledge and understand that there may be a delay, after we initiate the transfer via PayPal, before PayPal credits your account with the transferred funds.

1.4. In the event that, in our reasonable judgment, we decide to investigate a possible violation of these Terms or our policies, including without limitation a complaint received from a subsequent third-party purchaser of your Ticket, you agree to cooperate fully with such investigation and to provide us specific information regarding your right to a Ticket, the source of a Ticket, your acquisition of a Ticket, and the price you paid for a Ticket. We reserve the right to suspend a payment to you for a Ticket purchased by us pending our investigation. In that case, we will inform you within five business day after the date of the applicable event of our pending investigation.

1.5. We reserve the right to withhold a payment to you for a Ticket purchased by us or by a third-party purchaser if: (a) we have a good faith basis to believe you are in material breach of these Terms; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; or (c) we are unable, despite our commercially reasonable efforts, to verify or authenticate any material information you provide. If at the time we notify you of the occurrence of one of the events described in the preceding sentence, payment has already been transferred to you, then you agree to promptly return that payment to us.

1.6. In addition, we reserve the right to withhold a payment to you (or, if applicable, demand your return of a payment already made to you) for a Ticket purchased by us or by a third-party purchaser if the applicable event is cancelled or postponed in whole or in part. You acknowledge and understand that, if the event is cancelled or postponed, it is your responsibility to request a refund, if one is available, from the original ticket seller or the event organizer. Notwithstanding the foregoing, if the event is cancelled in part (but not in whole) we may, in our sole discretion and without any obligation on our part, enter into an agreement with a subsequent third-party purchaser of your Ticket for a partial refund of the price that party paid to us and pay to you a portion of the original purchase price.

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 . 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. Ticket Acceptance Criteria

4.1.  We reserve the right, in our sole discretion, to accept for purchase by us or by a third party, or to reject, any Ticket you submit for our review through the Service. We accept only Tickets that are transferable. We will reject Tickets that we determine may not legally be sold in their respective jurisdiction, relate to unlawful activity, are likely to cause illegal, inappropriate or fraudulent behavior by the buyer or the seller, or are likely to infringe intellectual property or other rights of others, and we may reject Tickets for any other reason in our discretion.

5.  Your Covenants, Representations and Warranties

5.1. 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 violate any venue or event promoter rules in connection with the Event.
  • You own all rights or have all permissions necessary to sell the Tickets you submit through the Service.
  • You did not obtain the Ticket through fraud or other unauthorized means.
  • 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 involve the sale of counterfeit or stolen items.
  • Your use of the Service does not promote discrimination, hatred or violence against specific groups of people.
  • Your use of the Service does not promote any illegal activities.
  • You are using the Service for your personal, non-commercial use.

5.2. You agree that, upon either (i) your acceptance of our offer to purchase a Ticket at our quoted price or (ii) our or a third-party purchaser’s election to purchase a Ticket offered by you through the Private Exchange Method, ownership of the Ticket will pass to us or the third-party purchaser, and you will (a) not sell or attempt to sell such Ticket to any other third party, (b) use or permit any other third party to use such Ticket, (c) change, cancel or invalidate such Ticket, or (d) take any other action inconsistent with our or the third-party purchaser’s rights to such Ticket. You agree that, upon either (i) your acceptance of our offer to purchase a Ticket at our quoted price or (ii) our or a third-party purchaser’s election to purchase a Ticket offered by you through the Private Exchange Method, you will promptly forward to us, via email sent to sell@lyte.com, all communications received by you, before or after your sale of the Ticket, from the event organizer, ticket seller or any other third party that is materially relevant to the holder of the Ticket, including without limitation informational communications and communications that grant additional rights or privileges (such as VIP access and amenities).

5.3. 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.

5.4. 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.

5.5. 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.

6.  Our Provision of the Service

6.1. 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.

6.2. 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.

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.

6.3. 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. 

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 PayPal payment account 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.  Indemnification

9.1. 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 attorneys 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. 

10.  Modifications to Terms

10.1. 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.

11.  Export Restrictions; Tax Laws

11.1. 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. 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.

12.  Disclaimer of Warranties

12.1. 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. 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. 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 AND THE SERVICE.

13.  Limitation of Liability

13.1. 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, INCLUDING ANY LOSS OF DATA, 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 NOT EXCEED ONE HUNDRED DOLLARS ($100).

14.  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 16 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.

15.  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.

16.  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.

17.  Miscellaneous

17.1. 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.  

17.2. 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.

17.3. 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.

17.4. 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.

17.5. 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.

17.6. 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.

17.7. 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.

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