Terms of Service
Introduction
The following terms and conditions (“Terms”) govern all use of the Lightning Load Speed Optimization.com website and all content, services, and products available at or through the website (taken together, the Website). The Website is owned and operated by PassionateBrains. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Lightning Load Speed Optimization’s Privacy Policy) and procedures that may be published from time to time on this Site by Lightning Load Speed Optimization (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website or services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Licensing
Our WordPress plugin is licensed under the GNU general public license (http://www.gnu.org/licenses/gpl.html) version 2.0 or later.
License Holders
Only a license holder is permitted to request support or access support resources. If any attempt is made by another party other than the license holder to access support in a manner not specified, we reserve the right to suspend indefinitely the license key without notice or consent.
Re-posting content from any portion of this site, including support forum and documentation materials, is strictly prohibited. If any attempt is made to re-post content in a manner specified above, we reserve the right to suspend indefinitely the license key without notice or consent.
Sharing or Reselling your license key is not allowed. If we discover a violation of this rule, we reserve the right to immediately suspend the account without notice, indefinitely.
Pricing & Refunds
Lightning Load Speed Optimization, Inc, reserves the right at any time and from time to time to modify, temporarily or permanently, the pricing of the products and subscription services, with or without prior notice.
You shall pay all fees specified in any subscription to Services or use of the Site. We will charge you a periodic fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable except as specifically mentioned in these Terms of Service. Except for refunds provided for cancellation of Subscriptions within the first seven days, there will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use the Services
Refunds can be processed at the sole discretion of Lightning Load Speed Optimization, Inc within a 7-day period for all purchases through the Lightning Load Speed Optimization.com Website. Refunds requested outside of this time window can be rejected. Refunds will be processed upon request, but Lightning Load Speed Optimization reserves the right to refuse a refund at its discretion.
Free trial accounts are not eligible for refunds.
Discount Policy
On occasion, Lightning Load Speed Optimization may offer purchase incentives in the form of subscription discount codes. Discount codes are applied on an introductory basis, meaning that are only applied for the first term of the subscription selected. Discount codes do not perpetuate with the life of the subscription. After your initial term has passed, subscriptions will be charged the regular price.
Support
Support for plugins sold and distributed by Lightning Load Speed Optimization is only available for those who have an active, paid support license.
Support, updates and plugin downloads are granted for specific period of the original purchase based on the license that you have purchased. After specific period is completed, the purchaser must renew their license in order to continue receiving support, updates, and access to download plugin files for the items purchased.
Support for Lightning Load Speed Optimization is provided as long as Lightning Load Speed Optimization is actively in development. Should any one of the following occur, Lightning Load Speed Optimization will no longer be responsible for providing support for Lightning Load Speed Optimization:
- Lightning Load Speed Optimization is no longer actively developed as a viable product under Lightning Load Speed Optimization, LLC.
- Lightning Load Speed Optimization or the parent company is purchased or bought out by another company.
- WordPress is no longer actively developed.
While we attempt to provide the best support possible for our plugins, we do not guarantee that any particular support query can or will be answered to the extent that the inquirer is completely satisfied.
Changes
We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will post them here. You are advised to check for changes from time to time. If you disagree with our changes, then you should stop using Lightning Load Speed Optimization products within the designated notice period. Your continued use of our products will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Disclaimer Of Warranties
The Website and Lightning Load Speed Optimization products and services are provided “as is”. Lightning Load Speed Optimization and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Lightning Load Speed Optimization nor its suppliers and licensors, makes any warranty that the Website and Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation Of Liability
In no event will Lightning Load Speed Optimization, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Lightning Load Speed Optimization under this agreement during the twelve (12) month period prior to the cause of action. Lightning Load Speed Optimization shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation And Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Lightning Load Speed Optimization Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the India or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Lightning Load Speed Optimization, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Waiver And Complete Agreement
The failure of Lightning Load Speed Optimization to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Lightning Load Speed Optimization and govern your use of the Website, superseding any prior agreements between you and Lightning Load Speed Optimization (including, but not limited to, any prior versions of the Terms of Service).
Termination
Lightning Load Speed Optimization may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. This includes access to support and updates for purchased products (typically in response to abusive or harassing behaviors directed at support staff). If you wish to terminate this Agreement or your Lightning Load Speed Optimization.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Miscellaneous
This Agreement constitutes the entire agreement between Lightning Load Speed Optimization and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Lightning Load Speed Optimization, or by the posting by Lightning Load Speed Optimization of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of India, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Ahmedabad, India.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Lightning Load Speed Optimization may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.