Terms of Service
Last updated: February 6, 2023
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://lyonswebsolutions.com website (the “Service”) operated by Lyons Web Solutions LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
You agree to be bound by these Terms by accessing or using the Service. If you disagree with any part of the terms, you may not access the Service.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Your Content
When you upload content to Lyons Web Solutions LLC, you still own it. However, you give us permission to use it in the ways necessary to promote our services. For example, we may promote or feature your site, but you can opt-out if you don’t want us to do that.
Your User Content Stays Yours
Users of the Services may provide us with content, including, without limitation, text, photos, images, audio, video, code, and any other materials (“User Content”). Your User Content stays yours. These Terms don’t give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote, and protect the Services described herein.
Promotion of your website
We may use, in perpetuity, worldwide and free of charge, any version of Your Sites (as defined below), or any portion thereof, for the limited purpose of Lyons Web Solutions LLC marketing and promotional activities. For example, we may feature Your Sites on our Case Study page or social media accounts. This can result in improved traffic to Your Sites. You waive any claims against us relating to any moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your website and any right of inspection or approval of any such use of Your Sites. If you don’t want Your Sites featured, you can opt-out anytime by contacting us.
Your Responsibilities
You are responsible for the content you publish with Lyons Web Solutions LLC. You vouch that they will not publish or promote anything illegal. Remember that most of your uploads can be viewed publicly, so share responsibly.
Use of Content
You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer, and license your User Content via the Services. Suppose we use your User Content in the ways contemplated in this Agreement. In that case, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, or any other intellectual property or proprietary rights.
Follow The Law
You represent that your use of the Services is not contrary to law, including without limitation applicable US export controls, regulations, and sanctions.
Share Responsibly
The Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what you share via the Services.
Your Sites And Your End Users Are Your Responsibility
You may use the Services to create or publish sites. You understand and agree that Your website and your End Users are your responsibility. You’re solely responsible for compliance with any laws or regulations related to your website and your End Users, including, without limitation, the posting of your privacy policy and compliance information. We’re not liable for your website, sites, or end users.
Third-Party Services And User Content
If you use another service or product on the Lyons Web Solutions LLC platform, follow a link to another site, or work with someone you find on Lyons Web Solutions LLC (such as a preferred partner or recommended vendor), you are responsible for communicating directly with that party to resolve any disputes.
Third-Party Services
The Services are integrated with various third-party services, applications, and sites (collectively, “Third Party Services”) that may make their content and products available to you, such as content providers and file-sharing services. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may suspend, disable access to, or remove any Third Party Services at any time and at our sole discretion, and without any notice to you. We’re not liable to you for any such suspension, disabling, or removal, including without limitation for any loss of profits, revenue, data, goodwill, or other intangible losses you may experience as a result thereof (except where prohibited by law).
Third-Party Sites
When you access third-party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.
Our Intellectual Property
Lyons Web Solutions LLC is protected by various intellectual property laws. This section summarizes what we own and how we share.
Ownership of Intellectual Property
The services provided by Lyons Web Solutions LLC are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.
Feedback
We Can Use Your Feedback For Free. We welcome your feedback, ideas, or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.
Demo Content
Our Demo Content Is For Private Use Only. We may provide products featuring demo content, including, without limitation, text, photos, images, graphics, audio, video, and other materials (“Demo Content”), to provide you with ideas or inspiration. However, Demo Content is for private use only (unless we tell you otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof).
Our Rights
To operate effectively and protect the security and integrity of Lyons Web Solutions LLC, we need to maintain control over what happens on our services.
Important Things We Can Do
We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your Account or Your Sites; and (f) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
Ownership Disputes
Sometimes, ownership of an Account or site is disputed between one or more parties, such as a business and its employee or a web designer and their client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine the rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, a credit card invoice, or a business license, to help determine the rightful owner.
Privacy
Our Privacy Policy explains how we handle your and your site visitors’ information. Read it carefully, as it’s part of our agreement.
Our Privacy Policy explains how we collect, use, and share your and your End Users’ information. By using the Services, you agree to our collection, use, and sharing of information as outlined in the Privacy Policy.
Copyright
We comply with copyright law and respond to complaints about copyright infringement in accordance with our Copyright Policy. We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported. We reserve the right to delete or disable content alleged to be infringing and to terminate the Accounts of repeat infringers without any refunds.
Paid Services And Fees
Certain Lyons Web Solutions LLC services are paid services. This section explains how we handle payments for those services. For certain paid services, such as domain registrations and site subscriptions, we’ll automatically bill you in regular intervals (such as monthly or annually) unless you disable auto-renewal or cancel your subscription. You can do that anytime.
Fees
You can access certain portions of the Services by submitting a fee payment (such additional services, “Paid Services”). For example, you’ll be responsible for paying the subscription fee to publish your website publicly. Paid Services will remain in effect until canceled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services anytime via the Lyons Web Solutions LLC Dashboard. If you don’t pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to specific portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice we provide via the Lyons Web Solutions LLC Dashboard unless otherwise indicated.
Taxes
All fees are exclusive of applicable federal, state, local, or other taxes (“Taxes”). You’re responsible for all applicable Taxes, and we’ll charge Taxes in addition to the services’ fees when required. If you’re exempt from Taxes, you must provide us with a valid tax exemption certificate (we reserve the right to determine whether a certificate is valid). Tax exemption will only apply from, and after the date, we receive such a certificate.
Automatic Subscription Renewals
To ensure uninterrupted service, we’ll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you’re on a monthly subscription plan, each billable renewal period will last one month. We’ll automatically charge you the applicable amount using the payment method you have on file with us.
Refunds
While you may cancel any Paid Services anytime, you will not be issued a refund except at our sole discretion or if legally required.
Fee Changes
We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via the Lyons Web Solutions LLC Dashboard, an invoice, and a confirmation email. New fees will not apply retroactively. If you disagree with the fee changes, you can reject the change by canceling the applicable Paid Service before your next payment date.
Chargebacks
If you contact your bank or credit card company to decline, chargeback, or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact us before filing a Chargeback. We reserve our right to dispute any Chargeback.
Our Payment Processor
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the Payment Processor’s terms, conditions, and privacy policies, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s Terms of Service and Privacy Policy. We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
Fees For Third-Party Services
Third Party Services purchased services may be subject to different refund policies that those Third Party Services determine, and they may be non-refundable. We don’t offer refunds for purchases of Third Party Services.
Ownership Of Materials Generated Through Additional Services
You own all rights to any files generated by Lyons Web Solutions LLC, including (but not limited to) copywriting, social media pages, and logo design. You maintain all rights and permissions to legally use, display and transfer your User Content via the services even if you cancel your subscription with Lyons Web Solutions LLC. Suppose we use your User Content in the ways contemplated in this Agreement. In that case, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, or any other intellectual property or proprietary rights.
Promotion Of Additional Services
We may use in perpetuity, worldwide and free of charge, any version of the content and files derived from your additional services, or any portion thereof, for the limited purpose of Lyons Web Solutions LLC marketing and promotional activities. For example, we may feature your logo on promotional pages or our social media accounts. This can result in improved traffic to your website. You waive any claims against us relating to any moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your website and any right of inspection or approval of any such use of Your Sites. If you don’t want Your Sites featured, you can opt-out anytime by contacting us.
Cancellation Reimbursement Fees
In the event of a reimbursement request for canceled services, a fee of 6% + .60 cents will be withheld from the total reimbursement for payment processing fees.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Lyons Web Solutions LLC.
Lyons Web Solutions LLC has no control over and assumes no responsibility for any third-party websites or services’ content, privacy policies, or practices. You further acknowledge and agree that Lyons Web Solutions LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.
Term And Termination
Either party can end this agreement at any time.
This Agreement will remain in effect until terminated by either you or us. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you violate these Terms. All sections of this Agreement that should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution, and Additional Terms.
Limitation Of Liability
If something bad happens due to you using Lyons Web Solutions LLC, our liability is capped.
To the fullest extent permitted by law, in no event will Lyons Web Solutions LLC be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive, or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Lyons Web Solutions LLC has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of Lyons Web Solutions LLC for all claims arising out of or related to the Services and this Agreement exceed the amounts paid by you to Lyons Web Solutions LLC in the six (6) months immediately preceding the event that gave rise to such claim.
Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless Lyons Web Solutions LLC from and against all damages, losses, and expenses of any kind (including without limitation reasonable attorneys’ fees and costs) arising out of or related to (a) your breach of this Agreement; (b) your User Content, Your Sites (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.
Dispute Resolution
Before filing a claim against Lyons Web Solutions LLC, you agree to try to work it out informally with us first.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
At our sole discretion, we reserve the right to modify or replace these Terms at any time. We will try to provide at least 30 days notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.