IN THESE TERMS AND CONDITIONS, “WE,” “US,” “ITS” AND “OUR” REFER TO LytCheck Technologies LLC, DBA LytCheck (“LytCheck”), AND “YOU” AND “YOUR” REFER TO YOU. Before using this website or any of the products made available through it (“LytCheck Websites”), please read this agreement relating to your use of this website carefully.
By using the websites, you agree to be bound by these terms and conditions of use (“Terms”). If you do not agree to these Terms, please do not use the LytCheck Websites. LytCheck provides the information and services on the LytCheck Websites to you, the user, conditioned upon your acceptance, without modification, of the Terms contained herein. Your use of the LytCheck Websites constitutes your agreement with such Terms.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms to the LytCheck Websites. Your continued use of the LytCheck Websites following the posting of changes to these Terms will mean that you accept those changes.
In addition, each user’s use of a particular LytCheck Website service (“Service”) may be subject to specific guidelines or rules (“Service-specific Rules”) posted from time to time and incorporated by this reference into the Terms. Use of the LytCheck Websites and/or its Services constitutes full acceptance of an agreement to the Terms; if a user does not accept our Terms, he or she is not granted rights to use the LytCheck Websites or any of its Services, as defined herein, and should refrain from accessing the LytCheck Websites and its Services.
To update the Terms, we will post the changed version and its effective date on this Terms and Conditions of Use page. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear, reference the change on the primary page for that Service and include a link to the previous version of the terms or rules. LytCheck reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the LytCheck Websites or any Service thereon (or any part thereof). LytCheck shall not be liable to any user or another third party for any such modification, suspension or discontinuance except as expressly provided herein.
By using the LytCheck Websites, you warrant to LytCheck that you will not use the LytCheck Websites, or any of the content obtained from the LytCheck Websites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the LytCheck Websites automatically terminates.
The LytCheck Websites is owned and operated by LytCheck for the purpose of fostering information related to Risk Assessment (the “Purpose”). The LytCheck Websites also promote and distribute software related to (and including) transaction risk assessment.
Your rights to access, download, and use any software made available for download from the LytCheck Websites will be subject to the terms and conditions of the software license agreement identified on the site and/or in the software as applicable to each particular software package, and you agree to comply with those terms and conditions.
Your rights to access and use of all information, data, text, graphics, or other materials appearing on the lytcheck.com site other than software made available for download (the “Content”) is subject to the terms and conditions of one of two separate licenses, depending on the nature of the Content, as follows:
(a) You may access, view, and print a single copy of any information about LytCheck, LytCheck software, products, services, support, or marketing and sales materials, and related Content provided at the LytCheck Websites (collectively, “LytCheck Websites Content”), solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use.
If you post any information, sample data, event types, tags, comments, or other LytCheck Base content (your “Contributions”) to the LytCheck Websites or otherwise provide any Contributions to LytCheck you hereby grant to LytCheck a perpetual, irrevocable, worldwide, royalty-free license to use, make, have made, offer for sale, sell, copy, distribute, perform, display, and transmit such Contributions, and to grant to others rights to do any of the foregoing.
If required by LytCheck, each user must: (a) provide true, accurate, current and complete information on the Service’s registration form (collectively, the “Registration Data”) and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user’s account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein.
Each user may receive a password and account designation upon completing the LytCheck.com registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. LytCheck cannot and will not be liable for any loss or damage arising from a user’s failure to comply with this Section, including any loss or damage arising from any user’s failure to (a) immediately notify LytCheck of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.
The LytCheck Websites handle user Registration Data in accordance with the LytCheck Websites Privacy Statement.
LytCheck will not pre-screen or review Content, but LytCheck reserves the right to refuse or delete any Content of which it becomes aware that it reasonably deems not to fulfill the Purpose. In addition, LytCheck shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal.
LytCheck does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will LytCheck be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the LytCheck Websites or any Services thereon.
Each user, by using the LytCheck Websites or any Services, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
LytCheck or any Service or a third party may provide links to other websites. LytCheck exercises no control whatsoever over such other non-LytCheck websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. LytCheck shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of websites linked to the LytCheck Websites, including information, material, products, and services therein, is solely at your own risk.
The LytCheck Websites privacy statement is applicable only when you are on the LytCheck Websites. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
Each user shall indemnify, defend and hold harmless LytCheck Technologies LLC., subsidiaries and affiliates and their respective officers, employees and agents, and each of LytCheck’s website partners from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the LytCheck Websites; his or her submission, posting or transmission of Content or his or her violation of the Terms.
EACH USER’S USE OF THE LytCheck WEBSITES AND THE LytCheck WEBSITES SERVICES IS AT HIS OR HER SOLE RISK. LytCheck AND THE LytCheck WEBSITE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND LytCheck . ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH LytCheck WEBSITE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. LytCheck EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, LytCheck MAKES NO WARRANTY THAT (I) THE LytCheck WEBSITES OR ANY LytCheck SERVICE WILL MEET YOUR REQUIREMENTS, (II) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF LytCheck ‘S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, LytCheck SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LytCheck HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE LytCheck WEBSITES OR ANY SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE LytCheck WEBSITES OR ANY SERVICE; OR ANY OTHER MATTER RELATING TO THE LytCheck WEBSITES OR ANY SERVICE. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN LytCheck AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, LytCheck DOES NOT AND CANNOT CONTROL THE ACTIONS OF LytCheck WEBSITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE LytCheck WEBSITES OR ANY SERVICES. OPERATION OF THE LytCheck WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITES. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY LytCheck.
IN NO EVENT SHALL LytCheck ., SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LytCheck WEBSITES, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1000. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event that you have a dispute with one or more LytCheck Website users, you release LytCheck . (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Without limiting any other remedies, LytCheck . may suspend or terminate your LytCheck Website account if we suspect that you have engaged in fraudulent activity in connection with the LytCheck Websites or any LytCheck Service.
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the LytCheck Websites and all of its Services.
You and LytCheck . are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
LytCheck.com, the LytCheck logo and other LytCheck trademarks, service marks, and product and service names are trademarks of LytCheck Technologies LLC.
LytCheck respects the intellectual property rights of others and requires that the people who use the LytCheck Websites do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
If LytCheck receives such a claim, LytCheck reserves the right to refuse or delete Content as described under Section 5 hereto or to terminate a user’s account in accordance with Section 9.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 (“DMCA”) can be reached at:
contact form at lytcheck.com
After receiving a claim of infringement, LytCheck will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, LytCheck will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. LytCheck will take reasonable steps promptly to notify the subscriber that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, LytCheck will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten business days. Additionally, LytCheck will replace the removed material and cease disabling access to it not less than 10, nor more than 14 business days following receipt of the counter-notice, unless LytCheck’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the LytCheck Websites system or network.
You may provide us with a Counter Notification by providing our copyright agent the following information in writing:
This Terms and Conditions document was last updated on June 14, 2024.
If you have any questions or concerns about these Terms, please contact us at lytcheck.com.