Terms & Conditions
Official Usage Policies
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 the 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.
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.
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.
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.
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, 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.
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.
If you are a Consumer, your use of the FreshLime Services is free of charge.
If you are a FL Customer, you may use the Services free of charge until the earlier of such time that a) at least one hundred (100) appointments are scheduled online by consumers, or b) you and/or your staff schedule at least 100 appointments internally (“Payment Threshold”). Upon achievement of the Payment Threshold, a valid credit card is required, and the Services are billed in advance on a monthly basis (every 4 weeks) in accordance with our standard pricing schedule. Payment for the first month’s service will become due immediately upon achieving the Payment Threshold; if you have not yet entered your credit card information, we will prompt you for this information. You must enter your credit card information within fifteen (15) days of achieving the Payment Threshold or your account will become inaccessible. After your credit card information is entered, your credit card will be immediately charged for the first month’s service. Thereafter, your credit card will be billed monthly starting four (4) weeks after achievement of the Payment Threshold until your account is terminated by you or FreshLime. You warrant that the credit card you enter is good and valid, and that you are authorized to use such credit card. You authorize FreshLime to charge such credit card for amounts due for the Services. FreshLime reserves the right to suspend or cancel your account if a charge to your credit card is denied or disputed. All payments are non-refundable; FreshLime does not refund for partial months of service or non-use of the Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities with respect to your use of the Services, and you shall be responsible for payment of all such taxes, levies, or duties.
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.
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:
Attn: Copyright Issue
3300 N. Ashton Blvd. Suite 210
Lehi, UT 84043
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 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.
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.
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.
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, 3388 W. Mayflower, Suite 200, Lehi, UT 84043. All such notices, requests, demands, or communications shall be deemed effective immediately upon receipt.