Acceptable Use Policy: Terms and Conditions
Last Updated: July 5, 2023
Please read the following Terms and Conditions governing the Acceptable Use of this website carefully, as they apply to all interactions you have with LiveSwitch, Inc. by way of www.liveswitch.com.
The terms “we” and “our” refer to LiveSwitch. The terms “you” and “your” include but are not limited to the user, viewer, authorized user, account owner, any third party beneficiary, including but not limited to a customer, client, or other individual authorized or allowed to access, view or otherwise make use of, the Website or any Product or Service of LiveSwitch. “Data” means information, including but not limited to, personal or usage data or any other information relating to an identified or identifiable natural person or any other entity, whether or not it has been organized, categorized, sent, received, recorded, stored, linked, downloaded, uploaded, or otherwise communicated or processed in any form on any device for any purpose by means of or having to do with LiveSwitch’s Website, Products or Services.
All content available on the Website including, without limitation, text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to LiveSwitch, and is protected by laws relating to trade dress, copyright, patent, unfair competition, trademark, and/or other forms of intellectual property rights and by other applicable law and LiveSwitch reserves and retains all rights in and to such Content.
The name and mark “LiveSwitch,” including but not limited to LiveSwitch Video, Contact, Concierge, and any other names, marks, logos, graphics, designs, webpage designs, and icons of LiveSwitch used in connection with the Website are registered or unregistered trademarks, service marks, or trade dress of LiveSwitch (the “Marks”). You may not use the Marks other than in connection with any incidental use as necessary to view and access the Website. Without limiting the foregoing, you shall not be permitted to use any of the Marks or any other names or marks that are similar to, or likely to cause confusion with, any of the Marks.
You may use information on LiveSwitch products and services (such as data sheets, knowledge base articles, and similar materials) purposely and explicitly made available, with written permission, by LiveSwitch for downloading from the Website, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
LiveSwitch is not responsible for the conduct, whether online or offline, of any user of the Website.
3. Your Use of the Website
You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automated device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely and explicitly made available, with written permission, through the Website.
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any LiveSwitch server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or LiveSwitch’s systems or networks, or any systems or networks connected to the Website or to LiveSwitch.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to LiveSwitch on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
4. Changes to Service and Suspension of Service
LiveSwitch reserves the right, in its sole discretion, to change, suspend, discontinue, or terminate the Website or any and all content, applications, materials, and other items used or contained in the Website at any time and from time to time and without notice or explanation, for any or no reason, and without any liability to you. LiveSwitch reserves the right in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your access to the Website or any portion thereof at any time, with or without prior notice or explanation, for any or no reason, and without any liability to you.
5. Commercial Transactions
LiveSwitch’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
LiveSwitch may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and LiveSwitch makes no commitment to update the materials on the Website with respect to such products and services.
6. Accounts, Passwords, and Security
Certain features or services offered on or through the Website may require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify LiveSwitch immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by LiveSwitch or any other user of or visitor to the Website due to someone else using your ID, password or account.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. LiveSwitch cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
8. Third Party Websites
Businesses using this site in any way involving their customers agree not to violate any State or Federal privacy or other laws with respect to customers directly or indirectly using LiveSwitch Products, or Services, including but not limited to this Website. Businesses agree to indemnify, defend, and save LiveSwitch harmless from all loss, damage, cost, expense (including attorneys’ fees), liability, or claims for any such violations.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ANY CONTENT, APPLICATIONS, PRODUCTS, SERVICES OR OTHER MATERIALS PROVIDED BY OR ON THE WEBSITE, ARE PROVIDED ON AN “AS IS” BASIS AND LIVESWITCH HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIVESWITCH CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE. LIVESWITCH SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE SERVICES OR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE. LIVESWITCH DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, CONTENT, DATA, OR MATERIALS ON THE WEBSITE OR DOWNLOADED THROUGH THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE WEBSITE OR ANY APPLICATIONS OR CONTENT PROVIDED BY LIVESWITCH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND/OR DOWNLOADING OF ANY SUCH APPLICATIONS, CONTENT, DATA, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE, AND OTHER MALICIOUS CODE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY OF THE FOREGOING AND ANY DAMAGES TO YOUR MOBILE DEVICE, COMPUTER, DATABASE, OR COMPUTER SYSTEM, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT FROM ANY OF THE FOREGOING. LIVESWITCH CANNOT AND DOES NOT GUARANTEE THAT ANY DEFECTS, ERRORS OR OMISSIONS WILL BE CORRECTED, REGARDLESS OF WHETHER LIVESWITCH IS AWARE OF THESE DEFECTS, ERRORS OR OMISSIONS.
11. Loss of or Damage to Data
You understand that in the use of LiveSwitch’s Website, Products or Services, including but not limited to the transmission and storage of data, that there is a risk that your data or information stored or saved by you by way of LiveSwitch may be lost and not recoverable. You agree that you assume sole responsibility for protecting against such loss of data or information, including but not limited to regularly making and maintaining complete and up-to-date backup copies of all data, information and files on an alternative type of storage medium. You agree that LiveSwitch shall have no liability to you for any unauthorized use or access, corruption, deletion, destruction or other loss of any of your data.
You agree that should your data, including but not limited to sales or customer data, confidential data, hosted data, recorded data, stored data, or any other type or kind of data, be lost, damaged or destroyed as a result of a failure or interruption of your or LiveSwitch’s technology, including but not limited to a computer, platform, application, internet, server, or other electronic device or system, then you are responsible for all direct or indirect consequences resulting from such loss, damage, destruction, failure, interruption or other cause. In the absence of negligence, bad faith or willful misconduct, LiveSwitch shall not be liable to you or to any other person, including any party claiming by, through or on behalf of you, for any indirect, direct or consequential damages, including but not limited to, lost time, lost money (including but not limited to any costs, expenses, losses, liabilities, damages, legal fees, switching costs, or lost business), lost profits or lost good-will, whether in contractor, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen, arising out of any error in, loss of, damage to, or other harm to any of your or your customer’s data of any type or from any source or other information or systems or out of any interruption or delay in the electronic means of communications used as a result of LiveSwitch Products or Services or use of this Website. You agree to hold harmless, defend and indemnify LiveSwitch from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the loss of or damage to any of your or your customer’s data as a direct or indirect result of use of LiveSwitch Products, Services, or Website.
12. Limitation of Liability
IN NO EVENT SHALL LIVESWITCH, ITS AFFILIATES, OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND/OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF OR DAMAGE TO DATA (WHETHER PERSONAL, CONFIDENTIAL, BUSINESS, PROFESSIONAL, OR OTHERWISE), ARISING OUT OF, OR RESULTING FROM, YOUR USE OF THE WEBSITE, EVEN IF LIVESWITCH IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LiveSwitch may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) LiveSwitch’s rights or property, or the rights or property of visitors to or users of the Website, including LiveSwitch’s customers. LiveSwitch reserves the right at all times to disclose any information that LiveSwitch deems necessary to comply with any applicable law, regulation, legal process or governmental request. LiveSwitch also may disclose your information when LiveSwitch determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that LiveSwitch may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.
15. Notice of Infringement
If you believe that the use or display of any content on the Website infringes any copyright that you own or control, please contact LiveSwitch’s designated agent for copyright claims at:
LiveSwitch Legal Dept.
When providing notification of alleged infringement of a copyright that you own or control, please provide LiveSwitch’s designated agent the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website; (b) identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, including information reasonably sufficient to permit LiveSwitch to locate the material; (c) information reasonably sufficient to permit LiveSwitch to contact you, including an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you have the authority to enforce the copyrights that are claimed to be infringed; and (f) your physical or electronic signature.
16. Governing Law; Disputes
If you have any questions about these terms and conditions, feel free to contact us at: firstname.lastname@example.org.
18. Refund Policy
Thank you for your trust in LiveSwitch. For the purchase of any LiveSwitch product, we offer a full refund within ninety (90) days of purchase. To request a refund, please email us at email@example.com. All refunds will automatically be applied to your credit or debit card or original method of payment within a ten (10) business days of a request.