Lightspeed Site Terms
By accessing any of the photos, images, graphics, written content, audio, video, files, materials, information, or any other data provided by Lightspeed Commerce Inc. (along with its affiliates, “Lightspeed”) to you (“You”) through this site (the "Content"), You agree to the following terms (the “Site Terms”):
Your access to and use of the Content is, to the extent applicable, governed by the Lightspeed Service Agreement, accessible at https://www.lightspeedhq.com/legal/lightspeed-service-agreement/ (including, but not limited to, Section 3 (License Restrictions), Section 6 (Confidential Information), Section 11 (Third-Party Services), Section 14 (Indemnification) Section 15 (Limitation of Liability), and Section 16 (Disclaimer of Warranties)) (the “Service Agreement”), the Lightspeed Privacy Policy, accessible at https://pdf.lightspeedhq.com/privacy/PrivacyPolicy_EN.pdf, (the “Privacy Policy”) and the Lightspeed Data Processing Agreement, accessible at https://pdf.lightspeedhq.com/privacy/DPA_EN.pdf, (the “DPA”), and/or any other written instrument entered into between You and Lightspeed (including, for certainty, any partnership agreements) (the Service Agreement, the Privacy Policy, the DPA, and any other written instrument entered into between You and Lightspeed, collectively, the “Agreement”) which are incorporated by reference into these Site Terms.
In addition to the Agreement, Your access to and use of the Content is subject to the following terms:
You agree that the account information provided by You to Lightspeed and/or Thinkific Labs Inc. (if You register from within Canada and the rest of the world), or with its subsidiary, Thinkific.com Inc. (if You register from within the United States) (Thinkific Labs Inc. and Thinkific.com Inc., collectively, “Thinkific”), as applicable, is complete and accurate;
You agree that You will keep Your account and all credentials required to access the Content or any Host Site (as defined below) secure and confidential;
You will not, directly or indirectly, and You will not permit or encourage any third parties to, directly or indirectly:
Access or use (a) the Contents; or (b) any hosting site for the Content (including, for clarity, Thinkific) (the “Host Site”) for or in connection with any illegal or unauthorized purpose or in a manner that: (i) infringes, violates or misappropriate any rights of any person, including intellectual property, confidentiality or privacy rights; (ii) is harmful, hateful, dangerous, fraudulent, deceptive, misleading, threatening, harassing, defamatory, offensive, biased, obscene, vulgar, indecent, menacing, tortious or otherwise objectionable as determined by Lightspeed in its reasonable and sole discretion; (iii) attempts, in any manner, to obtain the password, account, or other security information from any other user; (iv) violates the security of any computer network, or crack any passwords or security encryption codes; (v) submit false or misleading information or (vi) breaches any laws, rules, or regulations applicable to Your use of the Content or any Host Site;
reverse engineer, decompile, disassemble, decrypt or otherwise attempt to discover the code or underlying structure, ideas, know-how or algorithms relevant to the Content or any Host Site or access the Content or any Host Site, or write or develop any program based on the Content or any Host Site or any portion thereof, in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Content or any Host Site;
circumvent or attempt to circumvent any limitations imposed on Your account including any license, timing or use restrictions that are built into the Content or any Host Site;
game or attempt to game the Content or any Host Site for any reason, including to receive lower pricing, for example, by signing up for free trials with different usernames, impersonating others, or sharing passwords or encouraging others to share theirs;
lend, sell, resell, lease, sublicense, transfer, assign, distribute, grant a security interest in, or otherwise use the Content or any Host Site for the benefit of a third party, unless Lightspeed has given You prior written authorization;
modify, translate, or create derivative works based on the Content or any Host Site or any software, hardware, documentation or data related to the Content or any Host Site, in whole or part, or reproduce, duplicate, copy, or exploit any portion of the Content or any Host Site in whole or in part except to the extent expressly permitted in writing by Lightspeed or authorized within the Content or any Host Site;
upload, transmit, disseminate or use the Content or any Host Site to send or store malicious code, including any worms, viruses, Trojan horses, or any other software or code of a destructive nature;
use the Content or any Host Site to collect or store any sensitive information (“Sensitive Information”) including, but not limited to personal health information, banking and credit card information, and if You do use the Content or any Host Site to collect, store or otherwise process any Sensitive Information You do so at Your own risk and You are responsible for ensuring compliance with all applicable laws;
use the Content or any Host Site other than in accordance with these Site Terms;
permit the Content or any Host Site to be accessed or used by anyone other than You;
use the Content or any Host Site to advertise, promote or market competitor platforms to Lightspeed or any Host Site or for any third party’s interests or benefit, other than for the proper use of the Content or any Host Site, without Lightspeed’s consent;
circumvent or otherwise interfere with any authentication or security measures of the Content or any Host Site, or otherwise interfere with or disrupt the integrity or performance of the Content or any Host Site, including doing anything to, or using the Content or any Host Site in a way that may, cause the Content or any Host Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Content or any Host Site is in any way impaired, including overloading, flooding, spamming, mailbombing or crashing;
use any robot, spider, device, technology or process to monitor or copy any data or pages within the Content or any Host Site without our prior written consent;
circumvent or attempt to circumvent the Content’s or any Host Site’s systems for determining applicable charges for use of the Content or any Host Site; or
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Lightspeed, Thinkific or Thinkific trademarks and/or variations and misspellings thereof,or alter or remove any trademarks or proprietary notices contained in or on the Content or any Host Site without the consent of Lightspeed or any Host Site, as applicable.
You shall indemnify, defend and hold harmless Lightspeed and its officers, employees, and agents from and against all losses, expenses, liabilities, damages and costs including, without limitation, reasonable attorneys’ fees (collectively “Costs”), to the extent that such Costs are attributable to any breach by You of any representations, warranties and/or other obligations set forth in these Site Terms.
You are responsible for accessing and using the Content and any Host Site in compliance with (i) all applicable laws, including privacy and data protection laws, and (ii) these Site Terms.
All of the Content provided to You by Lightspeed is intended solely for educational purposes. Lightspeed makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, or suitability of the Content for any particular purpose. The Content is provided "as is" and without warranty of any kind, either express or implied. Lightspeed shall not be liable for any errors or omissions in the Content or for any actions taken by You which are based on or informed by the Content. For the avoidance of doubt, by accessing the Content You expressly agree that Lightspeed shall not be liable for any direct, indirect, consequential, special, reliance or punitive damages or lost or imputed profits or royalties, lost data or cost of procurement of substitute goods or services, whether for breach of contract, warranty, tort, statutory remedy or any obligation arising therefrom or otherwise and irrespective of whether either Your or Lightspeed has advised or been advised of the possibility of any such loss or damage.
Lightspeed reserves the right to modify these Site Terms at any time by updating the Site Terms on this page. You are responsible for regularly monitoring this page for any updates to the Site Terms. Your continued access to or use of the Content or any Host Site after any such update constitutes Your acceptance of the updated Site Terms.