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LightningATC Terms & Conditions

Terms of Use


Table of Contents

  1. COOKIE USAGE
  2. ORDERING DOCUMENT
  3. IFRAMES
  4. DIGITAL GOODS INTRODUCTORY
  5. LICENSE AND USE
  6. INTELLIGENT PROPERTY
  7. REFUNDS AND CHARGEBACKS
  8. LIABILITY AND WARRANTY
  9. CONTENT LIABILITY DISCLAIMER
  10. RENEWAL
  11. TERM AND TERMINATION
  12. CONTACTING US

We employ the use of cookies on our website. By using LightningATC’s website you consent to the use of cookies in accordance with LightningATC’s privacy policy. Modern day interactive websites utilize cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area, and ease of use for those people visiting. Unless otherwise stated, LightningATC and/or its licensors own the intellectual property rights and digital goods related to LightningATC. All intellectual property and digital goods rights are reserved. You may view and/or print pages from http://www.lightningatc.com for your own personal use subject to restrictions set in these terms and conditions. You must not: 1. Republish material from https:/lightningatc.com; 2. Sell, rent or sub-license material from LightningATC; 3. Reproduce, duplicate or copy material from LightningATC; or 4. Redistribute content or goods from LightningATC (unless content is specifically made for redistribution). Hyperlinking to our Content 1. The following organizations may link to our Website without prior written approval: 1. Government agencies; 2. Search engines; 3. News organizations; 4. Online directory distributors. and 5. Systemwide Accredited Businesses except soliciting non-profit organizations, and charity fundraising groups which may not hyperlink to our Website. We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited business (e.g.,) trade associations or other organizations representing inherently suspicious types of business or behavior in accordance to LightningATC’s Privacy Policy and terms. No use of LightningATC’s branding, logo or other artwork will be allowed for linking unless a trademark license agreement is presented.


Ordering Document

The LightningATC Product is ordered via an online form, purchase order, proposal acceptance or other document that references Licensee’s purchase or renewal of a license to the LightningATC Product, and includes details such as subscription term, pricing and scope (collectively, an “**Ordering Document**”). Ordering Documents may be directly between LightningATC and Licensee or between a LightningATC reseller or integrator and Licensee.


Iframes

Iframes without prior approval and express written permission, you may not create frames around our Web pages, or use other techniques that alter in any way the visual presentation or appearance of our Website or goods. Reservation of Rights: We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time.. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions. Removal of links from our Website If you find any link on our Website or any linked Website objectionable for any reason, you may contact us. We will consider requests to remove links, but will have no obligation to do so or to respond directly to you. Whilst we endeavor to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we commit to any degree that ensures the website remains available or that the material on the website is kept up to date.


Digital Goods Introductory

‍LightningATC terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with English law and both us and you irrevocably submit to the exclusive jurisdiction of the English courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.


License and Use

Your purchase of LightningATC products constitutes our granting to you of an exclusive, non-transferable license to download and access products for the purpose of your own personal use and reference, and print or convert the product to an image or vector format for your own storage, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not imitate, copy, re-sell, sublicense, rent out or violate any terms listed in this statement. Sharing or otherwise distributing any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation as well as claim responsibility for the use of our products.


Intellectual Property

The products (deemed under “LightningATC”, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.


Refunds and Chargebacks

Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion and attempted chargebacks for claiming item as “item not as described” in regards to digital goods and services. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time from promotional sources and third party agreements.


Liability and Warranty

LightningATC makes every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranty of merchantability.. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.


Content Liability Disclaimer

‍To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will: 1. Limit or exclude our or your liability for death or personal injury resulting from negligence; 2. Limit or exclude our or your liability for fraud or fraudulent misrepresentation; 3. Limit any of our or your liabilities in any way that is not permitted under applicable law; or 4. Exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.


Renewal

If not renewed, at the end of the license term set forth in an Ordering Document, the license to the LightningATC Product and this Agreement will automatically terminate. The Service will deliver and install updates to the Software that are necessary for the efficient performance of the Software. If Licensee blocks or does not install any such updates provided by the Service, then the Software’s performance will degrade.

Licensee hereby acknowledges and agrees that the LightningATC Product may contain a number of methods to verify and support LightningATC Product use. These methods may include technological features that monitor LightningATC Product use, prevent unauthorized use and provide LightningATC Product deployment verification.


Term and Termination

Unless terminated earlier in accordance with the terms of this Agreement, this Agreement and the License granted herein is effective for the duration of the term set forth in the Ordering Document.

LightningATC reserves the right, at any time, to: (i) discontinue or modify any aspect of the LightningATC Product; and/or (ii) terminate this Agreement and an Ordering Document and Licensee’s access to, and use of, the LightningATC Product, and shall not be liable to Licensee or any third party for any of the foregoing. Either party may terminate this Agreement and an Ordering Form for convenience at any time upon notice. If you terminate for convenience, then your subscription will continue for the period for which you have paid, and any prepaid payment will not be refunded.

Upon termination of this Agreement, Licensee shall (i) cease all use of the LightningATC Product; and (ii) delete, uninstall (as applicable) and delete all copies of the Software or other digital materials provided by LightningATC which are in Licensee's possession or control.
Any provision of this Agreement which by its nature is intended to survive termination or expiration of this Agreement and any rights accrued by either Licensee or LightningATC under this Agreement, shall survive termination of this Agreement.

If LightningATC reasonably believes that Licensee is using the LightningATC Product in a manner that may cause harm to LightningATC or any third party then LightningATC may, without derogating from its right to terminate this Agreement for any breach hereof, suspend Licensee's access to the Services until such time as LightningATC reasonably believes the threat of harm, or actual harm, has passed.


Contacting Us

If you have any questions or concerns and would like to get in touch with us, please contact us at [email protected] and we will respond to you within the next 1-2 business days.



LICENSEE EXPRESSLY ACKNOWLEDGES THAT LICENSEE HAS READ THE TERMS OF THIS AGREEMENT AND UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING “I AGREE”, “ACCEPT” OR SIMILAR BUTTON, AND/OR CONTINUING TO DOWNLOAD, INSTALL, ACCESS OR USE THE PRODUCT (AS APPLICABLE), LICENSEE EXPRESSLY CONSENTS TO BE BOUND BY THE TERMS OF THIS AGREEMENT.