Terms & Conditions

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Terms of Use

FreshLime, Inc. owns and operates various internet-based applications and mobile applications that facilitate appointment scheduling, FL Customer relationship management, billing, marketing, promotions, and resource management (collectively, the "Services") for FL Customers and consumer consumers. These terms of use govern the use of the Services by businesses and consumers who provide services ("FL Customer") and by consumers who use the Services to schedule appointments and otherwise interact with FL Customers ("Consumers"), access to our Services by other visitors. Use of and access to the Services is subject to your compliance with these terms of use, so please read these carefully before accessing or using the Services. FreshLime ("FreshLime", "we", "us" or "our") reserves the right to limit or terminate your access to the Services if you do not comply with these terms. We may change, modify, update, add or remove portions of these terms of use at any time. Please check these terms of use periodically for changes. Your continued access or use of the Services following the posting of any changes will signify your acceptance of those changes. FreshLime reserves the right to assign any rights, licenses or obligations arising out of or relating to these terms of use to any third party without restriction.

Registration

If you are a Consumer, you must enter certain information to schedule an appointment. You agree that any information you provide when scheduling an appointment, registering for the Services, or at any time thereafter is true, accurate and complete and that you will update such information as necessary. You agree to contact the FL Customer with whom you scheduled the appointment regarding any questions or requests you may have or changes you need to make. If you are a FL Customer, you must register with FreshLime to use the Services. If you register with us, you agree to provide true, accurate and complete information and to update such data as necessary. If you are registering on behalf of a company, you agree that you have the requisite authority to register on behalf of such company. If we have reasonable grounds to suspect that your information is inaccurate, we may suspend or terminate your account and prohibit you from any use of the Services. You agree not to use any user name that is obscene, defamatory, or derogatory. You are responsible for maintaining the confidentiality of your password and for changing your password if you believe that it has been stolen or might otherwise be misused. You agree to notify FreshLime immediately of any unauthorized use of your user name and/or password and any other suspected breach of security regarding the Services. We shall not be liable for any loss or damage arising from the unauthorized use of your user name and/or password.

Use of Services

You agree to use the Services strictly within the terms described herein. Permission to use the Services and associated content does not include permission to copy the design elements, look and feel, or layout of any pages of the Services. Those elements of the Services are protected by United States and may not be copied or imitated in whole or in part. No logo, graphic, or image from the Services may be copied or retransmitted unless expressly permitted by FreshLime. You agree not to sell, resell or offer for any commercial purposes the services or content you receive from the Services. You agree to not use the Services, or any of the content obtained from the Services, for any purpose that is unlawful or prohibited by these terms of use. You will not threaten or harass any person or user through the Services. You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services. You agree not to reverse engineer, decompile, modify, or attempt to gain unauthorized access to the Services. You agree not to interfere with or disrupt the Services or take any action that overloads or could overload our infrastructure.

User Responsibilities

If you are a Consumer, you are responsible for attending all appointments made through the Services or, if you are unable to attend an appointment, to promptly notify the FL Customer with whom you scheduled the appointment. If you are a FL Customer, you are responsible for fulfilling all appointments made through the Services or, if you are unable to fulfill an appointment, to promptly notify the Consumer. You are responsible for managing availability for online appointments including maintaining the accuracy and completeness of available times, services available, staff and all other information necessary for Consumers to schedule online appointments with you. You are responsible for all equipment required to access the Services, including but not limited to, a properly-configured computer with Internet access, any required software such as a properly-configured Internet browser, and any other equipment needed to use the Services.

Email Compliance

If you are a FL Customer, you agree to comply with all elements of CAN-SPAM and safe sender email practices. This includes but is not limited to including unsubscribe links and your full contact information in all correspondence that is not appointment-specific, and not releasing private and/or confidential information. You may only use email services for those consumers with which you have an existing business relationship and which have indicated that they accept correspondence from you. You may not attempt to spoof sender domains, send spam and the content transferred will not be illegal, threatening, hateful, vulgar, obscene, libelous or defamatory and does not and will not infringe upon any trademark, patent, copyright, trade secret or other proprietary, publicity or privacy right of any third party. Because of email provider technologies, FreshLime makes no expressed or implied warranty of consumer message receipt. FreshLime is not liable for any issues that arise associated with the content that you provide or unforeseen liabilities of it being delivered.

Communications

If you are a Consumer, you consent to receiving confirmations and reminders through the Services and being contacted by any FL Customer with whom you schedule an appointment or otherwise contact through the Services. The FL Customer may contact you via any means you provided, including phone and email. Further, you consent to being contacted by FreshLime from time to time for feedback about the Services or Businesses with whom you schedule an appointment and for support-related issues. We may contact you via any means you provided, including phone and email. If you are a FL Customer, you consent to being contacted by FreshLime for service alerts and support-related issues and from time to time for product updates and feedback about the Services. We may contact you via phone, email, mail or notices posted on the Services. Notices will be deemed effective at the time they are sent or posted by FreshLime. You consent that any information provided by you to FreshLime, except for Personally Identifiable Information as defined in the FreshLime Privacy Policy, can be used by FreshLime in any manner, including but not limited to testimonials, reviews and ratings on the Services or other websites.

Text Messaging Compliance

FreshLime works with leading providers to ensure the most accurate delivery of your text messages. For reliable delivery, you must adhere to message limitations including length and delivery. You may not attempt to spoof sender domains, send spam and the content transferred will not be illegal, threatening, hateful, vulgar, obscene, libelous or defamatory and does not and will not infringe upon any trademark, patent, copyright, trade secret or other proprietary, publicity or privacy right of any third party and messages will only be used for appointment reminders, must not contain promotional content, and will contain appropriate disclosures and notices as may be required by law and industry guidelines. Because of carrier technologies, FreshLime makes no expressed or implied warranty of consumer message receipt. Standard text message rates apply for all text message services. FreshLime uses "short code" technology to engage in 2-way sms communication with consumers and does not guarantee delivery to all mobile carriers if short code technology is not accepted. FreshLime is not liable for any issues that arise associated with the content that you provide or unforeseen liabilities of it being delivered.

Online Directory

If you are a FL Customer, FreshLime may, at its sole discretion, develop an online directory with your information for consumers. You agree that FreshLime may include your business in such directory unless you notify us otherwise in writing. Further, FreshLime may, at its sole discretion, otherwise market your business online or make available to you opportunities to market your business online. Such marketing opportunities may involve online directory listings, promotions, advertising and other marketing, and may involve agreements with third parties. You acknowledge that FreshLime may make these opportunities available to you.

User Content

As a registered user, you may submit content to the Services. You are solely responsible for any content that you upload, publish, display, or link to on or through the Services, or transmit to or share with other users ("User Content"). We have no ability to control User Content posted on the Services, but we reserve the right to modify or remove, at our discretion, any User Content posted by you to the Services. By posting User Content to any part of the Services you represent and warrant that you have obtained the necessary rights to post such User Content and such posting does not infringe any third party's rights. You may remove your User Content from the Services at any time. You shall retain all of your ownership rights in your User Content; however, you hereby grant to us a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, distribute, display, perform, create derivative works of, transmit, distribute, and publish all content and materials you provide to us for any purpose, including for the Services or other websites, and for making your content and materials available in any medium now known or later developed.

Payment

As a registered user, you may submit content to the Services. You are solely responsible for any content that you upload, publish, display, or link to on or through the Services, or transmit to or share with other users ("User Content"). We have no ability to control User Content posted on the Services, but we reserve the right to modify or remove, at our discretion, any User Content posted by you to the Services. By posting User Content to any part of the Services you represent and warrant that you have obtained the necessary rights to post such User Content and such posting does not infringe any third party's rights. You may remove your User Content from the Services at any time. You shall retain all of your ownership rights in your User Content; however, you hereby grant to us a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, distribute, display, perform, create derivative works of, transmit, distribute, and publish all content and materials you provide to us for any purpose, including for the Services or other websites, and for making your content and materials available in any medium now known or later developed.

Stripe

Payment processing services for business owners on FreshLime are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes theStripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to FreshLime’s terms and conditions or continuing to collect payments from your customers through FreshLime, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of FreshLime enabling payment processing services through Stripe, you agree to provide FreshLime accurate and complete information about you and your business, and you authorize FreshLime to share it and transaction information related to your use of the payment processing services provided by Stripe.

Copyright

FreshLime respects the intellectual property rights of others. Accordingly, we have a policy of removing User Content that violates copyright law, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, FreshLime has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the Services, please send a signed notice identifying the copyrighted work you claim has been infringed, the material that you claim to be infringing, your contact information (including address, telephone number and, if available, e-mail address) and email or mail the notice to FreshLime at the following address:

support@freshlime.com
FreshLime, Inc.
Attn: Copyright Issue
3300 N. Ashton Blvd. Suite 210
Lehi, UT 84043
Termination

We may terminate your account (and prohibit you from establishing any new accounts) without notice for any reason in our discretion, including for violation of these terms or other rules on the Services, fraudulent activity, abusing privileges, harassment of others, your request to terminate, or by law or court order. FreshLime reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any of its services or sections. We shall not be liable for any termination of a user's access or for any suspension or discontinuance from the Services.

Copyright And Trademarks Information

COPYRIGHT NOTICE: Copyright © 2015-2016 FreshLime, Inc. FRESHLIME is a registered trademark of FreshLime, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders.

Privacy Policy

We respect your desire for privacy. FreshLime's privacy policy can be found at http://www.freshlime.com/privacy. By using the Services, you are consenting to the terms of our privacy policy.

Links to Third Party Websites

The Services may contain links to third-party websites which are not under the control of FreshLime, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply that we endorse or accept any responsibility for the content on such third-party site.

Warranty Disclaimer

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION ON THE SERVICES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND FRESHLIME HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT. In no event will FreshLime be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Services or information available on the Services. Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information on the Services. The Services may contain technical inaccuracies or typographical errors; FreshLime assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Services. FreshLime may make changes to the Services, information, product offerings, and any other information and materials on the Services at any time and without notice.

Limitation of Liability

IN NO EVENT SHALL FRESHLIME, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. IN NO EVENT SHALL FRESHLIME, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES IN ANY CONTENT ON THE SERVICES, OR IN DELIVERY OF THE SERVICES (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ACT OR OMISSION BY ANY FL CUSTOMER, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL THE LIABILITY OF FRESHLIME OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS EXCEED $250.

Idemnification

You agree to indemnify, defend, and hold FreshLime and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, including without limitation, your connection to the Services, your violation of the terms of use, your posting of content and materials, your interaction with other users of the Services, your email or text message communication practices, or your violation of any rights of another party.

General Information

These terms of use constitute the entire agreement between you and FreshLime regarding this subject matter, and govern your use of the Services and our websites. By accessing the Services, you agree that the statutes and laws of the United States and the State of Utah, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Services. Any claim, dispute or controversy arising out of or in connection with or relating to these terms or the breach or alleged breach thereof or your use of the Services shall be submitted by the parties to arbitration by the American Arbitration Association ("AAA") in Salt Lake City, Utah, United States of America under the AAA's commercial rules then in effect. The foregoing notwithstanding, nothing in this paragraph shall be deemed as preventing FreshLime from seeking relief from the courts as necessary to protect its intellectual property rights, and no decision of any arbitrator shall be binding in such event. The award rendered by the arbitrators shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and judgment on such award may be entered in any court having jurisdiction thereof. The failure of FreshLime to exercise or enforce any right or provision of these terms of use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these terms of use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms of use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these terms of use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these terms of use are for convenience only and have no legal or contractual effect. Notices. Except as otherwise specified herein, all notices, demands or communications required hereunder shall be in writing and delivered personally, or sent either by U.S. certified mail, postage prepaid return receipt requested, or by overnight delivery air courier (e.g., Federal Express, UPS) to the Parties at their respective addresses set forth above in this Agreement and, for FreshLime, with a copy to: FreshLime Inc, 3300 N. Ashton Blvd, Suite 210, Lehi, UT 84043. All such notices, requests, demands, or communications shall be deemed effective immediately upon receipt. By accessing OR using THE SERVICES in any way, you agree to be bound by these terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, PLEASE EXIT OUR SERVICES AND DO NOT USE THE SERVICES IN ANY MANNER.

Effective Date

These terms of use were last revised on August 28, 2015.