LEONARD’S EXPRES, INC., a New York State corporation ("LEI") and ______________ (“COMPANY”), collectively, “THE PARTIES” provides its service to you, ("you" or “your”) subject to the following Terms of Service ("TOS" or “Terms of Service”), which may be updated by us from time to time without notice to you. In addition, when using particular LEI owned or operated services, you and COMPANY shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. LEI may also offer other services that are governed by different Terms of Service.
A. The PARTIES provide users with access to a variety of resources, including communications tools, forums, services, personalized content and branded programming through its network of properties which may be accessed through any various mediums or devices now known or hereafter developed (the "Service").
B. You also understand and agree that the Service may include advertisements which are necessary for the PARTIES to provide the Service. You also understand and agree that the Service may include certain communications from the PARTIES, such as service announcements, administrative messages and newsletters, and that these communications are considered part of LEI membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that enhance the current Service, including the release of new LEI properties, shall be subject to the TOS.
C. You understand and agree that the Service is provided "AS-IS" and that THE PARTIES assume no responsibility for the timeliness, deletion, delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service which may involve third-party fees (such as internet service provider charges, airtime charges and/or charges incurred in the display or delivery of advertisements) that are at your sole cost and expense. In addition, you must provide and are responsible for all equipment necessary to access the Service.
D. Subject to the terms and conditions of this TOS, THE PARTIES shall use commercially reasonable efforts to attempt to provide the Service on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that THE PARTIES may undertake from time to time; or (iii) causes beyond the reasonable control of THE PARTIES or that are not reasonably foreseeable by THE PARTIES, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that THE PARTIES have no control over the availability of the Services on a continuous or uninterrupted basis.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or THE PARTIES have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, THE PARTIES have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT; PASSWORDS; SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LEI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. THE PARTIES cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You agree to indemnify and hold THE PARTIES and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
8. MODIFICATIONS TO SERVICE
LEI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LEI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that THE PARTIES may, under certain circumstances and without prior notice, immediately terminate your LEI account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your LEI account includes (a) removal of access to all offerings within the Service, including but not limited to LEI Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in THE PARTIES’ sole discretion and that THE PARTIES shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
10. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that THE PARTIES shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other websites or resources. Because THE PARTIES have no control over such sites and resources, you acknowledge and agree that THE PARTIES are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that THE PARTIES 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. LEI’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by LEI or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
LEI grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by LEI for use in accessing the Service.
13. SERVICES RELATING TO FINANCIAL MATTERS
The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. THE PARTIES shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
14. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
LEI may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
16. TRADEMARK INFORMATION
The LEI trademarks and service marks and other LEI logos and product and service names are trademarks of LEI Inc. (the "LEI Marks"). Without LEI’s prior permission, you agree not to display or use in any manner the LEI Marks.
17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
LEI respects the intellectual property of others, and we ask our users to do the same. LEI may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide LEI’s Copyright Agent the following information:
LEI’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
LEONARD’S EXPRESS, INC.
P.O. BOX 25130
6070 Collett Road West
Farmington, NY 14425
By phone: (585) 924-8140 |
By fax: (585) 924-0508
18. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to the PARTIES or through the LEI computer systems which is expressly prohibited by this TOS. Any such violations may subject the sender and his/her/its agents to civil and/or criminal penalties.
19. EXPORT CONTROLS
The Software and the Service is further subject to United States export controls. No Software may be downloaded from the website or otherwise exported or re-exported (i) into (or to a national or resident of) any county to which the United States has embargoed, or other prohibited delivery of, goods, (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals, on the United States Commerce Departments Table of Deny Orders, on any other list of the federal or state governments. By downloading and/or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
20. INTERSTATE NATURE OF COMMUNICATIONS
When you register with LEI, you acknowledge that in using LEI services to send electronic communications (including but not limited to email, search queries, sending messages, uploading photos and files, and other Internet activities), you will be causing communications to be sent through LEI's computer networks, portions of which are located in New York and portions of which may be located in other locations in the United States or abroad. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
21. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
22. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PARTIES AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.
THE PARTIES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PARTIES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
23. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THE PARTIES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
24. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 32 AND 33 MAY NOT APPLY TO YOU.
25. Entire Agreement.
The TOS constitutes the entire agreement between you and THE PARTIES and governs your use of the Service, superseding any prior agreements between you and THE PARTIES with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LEI services, affiliate services, third-party content or third-party software.
26. Choice of Law and Forum.
The TOS and the relationship between you and THE PARTIES shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and THE PARTIES agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Ontario County, New York State.
27. Waiver and Severability of Terms.
The failure of THE PARTIES to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction 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 the TOS remain in full force and effect.
31. No Right of Survivorship and Non-Transferability.
You agree that your LEI account is non-transferable and any rights to your LEI ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
32. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The headings and section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to the PARTIES.