Last Modified: January 28, 2021
THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, SO IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THESE TERMS.
THESE TERMS INCLUDE (1) IN SECTION 15, AN AGREEMENT TO ARBITRATE WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION; (2) IN SECTION 15, A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US, MEANINING THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS; (3) IN SECTION 15, A WAIVER OF RIGHTS TO A JURY TRIAL IN ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF YOUR USE OF OUR SITE OR THESE TERMS; (4) IN SECTION 9, A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US AND CERTAIN THIRD PARTIES THAT MAY ARISE OUT OF YOUR USE OF ANY OF THE SITE; AND (5) IN SECTION 11, VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY.
BY USING OUR SITE, YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS (WHETHER OR NOT YOU CONFIRM YOUR AGREEMENT, SUCH AS BY CLICKING “I AGREE”). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE OUR SITE.
- Related Agreements and Policies.
- International Access. Our Site is controlled and operated by us from our offices within the United States of America and are not intended to subject us to any local, state, federal, national, provincial, foreign, or international statute, treaty, regulation, rule, order, or other law (each, a “Law”) of any jurisdiction outside of the United States. If you do access and use our Site outside the United States, you are responsible for complying with all applicable Laws with respect to such access and use.
- Other Violations. You may not use our Site or the Services if you have previously violated these Terms, or you are prohibited from using our Site or any content or Services available on our Site under applicable Law.
- Prohibitions. You agree not to use our Site, the Services, or any other content available on our Site: (a) in violation of these Terms or any Law; (b) for any use other than your own personal or internal business use; (c) to transmit or display any material that is illegal, abusive, graphically distressing, inflammatory, tortious, misleading, fraudulent, deceptive, defamatory, discriminatory, obscene, sexually explicit, libelous, violative, or invasive of another’s privacy, hateful, threatening, or otherwise objectionable, or that may harass or harm another individual or a third party; (d) to transmit any unsolicited or unauthorized advertising or promotional materials; (e) to transmit any material that contains adware, malware, spyware, software viruses, or any other harmful code; (f) to impersonate any person or entity, misrepresent your affiliation with a person or entity, or otherwise provide inaccurate or incomplete information in your use of our Site or Services; (g) to infringe, misappropriate, or otherwise violate the intellectual property or other rights of a third party; (h) in a manner that exposes us to legal liability or otherwise harms us or any users of the Site or Services; (i) to interfere with or disrupt our Site or Services or any networks (including their security or availability) used by us; or (j) to disparage or injure the reputation or goodwill of LEHYC, or any of our officers, directors, members, guests, employees, agents, or users.
You are prohibited from violating or attempting to violate the security of the Site and Services, including, without limitation: (1) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) engaging in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information (for clarity, we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials). Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting people who are involved in such violations.
- Registration. In connection with particular features of our Sites, you may be required to register for an account. You are responsible for maintaining the confidentiality of your account password, and you are solely responsible for all activities that occur under your account.
- Site Content. As between you and us, we own all content developed or acquired by us made available on or through our Site (“Our Content”). Our Content is protected under United States and international copyright Laws and is subject to other intellectual property and proprietary rights and Laws. In addition, the “LEHYC” name, burgee and logo, as well as certain other of the names, logos, and materials displayed in or through our Site constitute registered and unregistered trademarks, trade names, service marks, or logos (collectively, the “Marks”) of us, our affiliates, content providers, or other entities. Ownership of the Marks and the goodwill associated with them remains with us or those other entities. You are not authorized to use any of Our Content or the Marks other than as expressly provided in these Terms or as expressly licensed to you. You must abide by all rights notices, information, or restrictions contained in or attached to any of Our Content and must not remove any trademark, copyright, or other notice from our Site or any of Our Content. Any rights not expressly granted herein are reserved by us.
- Feedback. You agree that we may use any feedback, suggestions, or ideas you provide to us, including in relation to our Site or Services, other current or future products or services, or advertising or marketing materials. You grant to us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to us for any purpose.
- Third Party Sites. Portions of our Site may contain links to third party websites or resources (such products, services, websites, and resources, collectively “Third Party Sites”), including links to ecosystem partners, exchanges, current and former customers, and social media sites. We are not responsible to you for any Third Party Sites. Your use of Third Party Sites is subject to the license agreements, terms and conditions, privacy policies, and other policies and agreements applicable to such Third Party Sites. We do not approve or endorse any Third Party Sites, their content, or any views expressed on any Third Party Sites, nor is our Site approved or endorsed by any Third Party Sites. LEHYC has no responsibility to you for any Third Party Sites.
- Linking to Our Site. If you wish to link to our Site, you may include an active link on any website you control directing a browser to the applicable page of that Site, provided that you agree to remove the link at any time upon our request. You may not link to or otherwise provide access to our Site in any way that: (a) alters the look, feel, or functionality of any aspect of our Site; or (b) in any way that disparages our Site or products or that could injure the reputation or goodwill of LEHYC or any of our products.
- Indemnification and Release. You agree to release, indemnify, defend and hold harmless LEHYC, its affiliates, officers, directors, members, employees, partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or related to: (i) your breach of these Terms; (ii) your violation of applicable Law; (iii) your violation, infringement or misappropriation of any intellectual property rights of any third party; or (iv) your use of the Site or Services. LEHYC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate in full at your own expense with any such defense. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
- Disclaimer of Warranties. OUR SITES, OUR CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY PROVIDED IN ANY WRITTEN AGREEMENT BETWEEN YOU AND LEHYC, LEHYC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING OUR SITE, OUR CONTENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ACKNOWLEDGE THAT THERE WILL BE OCCASIONS WHEN OUR SITE OR THE SERVICES MAY BE INTERRUPTED, INCLUDING, WITHOUT LIMITATION, FOR SCHEDULED MAINTENANCE OR UPGRADES, FOR EMERGENCY REPAIRS, OR DUE TO FAILURE OF TELECOMMUNICATIONS LINKS AND/OR EQUIPMENT. LEHYC SHALL NOT BE CONSIDERED IN BREACH OF OR DEFAULT UNDER THESE TERMS, ANY ADDITIONAL TERMS, OR ANY OTHER AGREEMENT WITH YOU, AND SHALL NOT BE LIABLE TO YOU FOR ANY CESSATION, INTERRUPTION, UNAVAILABILITY, OR DELAY IN THE PERFORMANCE OF OUR SITE OR THE SERVICES FOR ANY REASON.
- Limitation of Liability. YOU UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL LEHYC BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE, AND/OR PROFITS), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO THESE TERMS, OUR SITE OR THE SERVICES, REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, OR OTHERWISE, AND EVEN IF LEHYC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO AS A RESULT OF: (A) YOUR USE OF OR INABILITY TO USE THE SITE, (B) ANY OF OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES AVAILABLE THROUGH THE SITE OR (C) ANY LOSS OF DATA. SHOULD LEHYC BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED $1000.00 IN THE AGGREGATE.
- Exclusions and Limitations. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
- Refusal of Service; Modification of Site; Termination. We reserve the right to refuse Services, disable or prohibit logins, remove or edit content, limit access to content, or modify or discontinue our Site or Services in our sole discretion. We may terminate, suspend, or modify your access to all or part of our Site or Services, without notice, if you violate these Terms or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable Law or is otherwise harmful to the interests of us, any other user of our Site, or any third party.
- Dispute Resolution, Binding Arbitration and Class Action Waiver.
- You hereby agree that any claim or dispute between you and LEHYC, whether brought by you or by LEHYC, arising out of or relating in any way to these Terms (including any Additional Terms, and other terms or policies incorporated herein by reference), your use of our Site or other aspect of our Site, must be resolved through final, binding arbitration, except that either of us may assert claims in small claims court if those claims qualify under applicable law. In addition, either you or we have the option to bring claims in court to enjoin infringement or other violation of intellectual property rights without seeking damages. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Unless you opt-out of arbitration as set forth below, the arbitrator, and not any federal, state or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this arbitration provision, including any claim that all or any part of this arbitration provision is void or voidable. There is no judge or jury in arbitration, the arbitration will be subject to different rules than the rules that would apply in court, and court review of arbitration awards is very limited. However, an arbitrator can award on an individual basis the same damages and other relief as a court (including injunctive and declaratory relief and statutory damages), and must follow these Terms, as a court would.
- All arbitrations under these Terms shall be conducted on an individual, and not on a class-wide, basis, and an arbitrator shall have no authority to certify a class or award class-wide relief. The arbitrator is authorized only to award relief on behalf of the individual parties and only to their extent of their individual claims. You acknowledge and agree that unless otherwise agreed in writing by you and LEHYC, with regard to any claims hereunder, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims. You agree you will not proceed in any court or arbitration proceedings as a representative of others (including in the capacity of a private attorney general), join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought under California’s Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, Ohio’s Unfair and Deceptive Trade Practices Act and any other state consumer protection laws.
- Before commencing any arbitration proceedings under these Terms, a party must first send to the other a written notice of dispute (“Notice”). Your Notice to LEHYC must be sent to: [INSERT CONTACT INFORMATION FOR DISPUTE NOTICES]. If a party’s claim is not resolved within sixty (60) days of delivery of the applicable Notice, you or we may commence arbitration proceedings in accordance with these Terms. The arbitration of any claim or dispute hereunder (including whether a valid arbitration agreement exists and whether it covers the dispute) shall be conducted by a single, neutral arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association or its successor (“AAA ”) or, if you are an individual, the AAA's Consumer Arbitration Rules, which are available by calling the AAA, at 1-800-778-7879, or by visiting its website at www.adr.org. If those rules conflict with any portion of these Terms, these Terms shall control. The arbitration of any claims or disputes hereunder shall be conducted in the County of Ocean, New Jersey, except that if you are an individual the arbitration may be conducted in the county or parish of the billing address you provide to us (if applicable) or else in the county or parish of your primary residence. You or we also may choose to have the arbitration conducted by telephone, based on written submissions or in person at another mutually agreed location. Payment of all filing, administration and arbitrator fees will be governed by AAA’s rules. If you are an individual, we will reimburse you for those fees for claims totaling less than $10,000, unless the arbitrator determines your claims are frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
- YOU AND WE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF US EXPRESSLY WAIVES THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES DESCRIBED IN SECTION 15(a) ABOVE, AND THAT YOU AND WE EXPRESSLY WAIVE THE RIGHT TO HAVE SUCH LAWSUIT RESOLVED BY A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION. AS SUCH, YOU AND WE HEREBY AGREE TO RESOLVE ANY AND ALL CLAIMS DESCRIBED IN SECTION 15(a) ABOVE VIA INDIVIDUAL BINDING ARBITRATION PER THE TERMS AND CONDITIONS SET FORTH IN SECTIONS 15(b) AND 15(c) ABOVE.
- Subject to reimbursement of certain fees as described in Section 15(c), each party shall pay its own fees and costs of its own attorneys, experts and witnesses incurred in connection with any arbitration or court proceeding between the parties, notwithstanding any provision awarding attorneys’ fees to a prevailing party that may be a part of any statute under which you or we may bring a claim.
- These Terms and all claims related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions, and the United States Federal Arbitration Act. This Section 15 shall survive any expiration or termination of this Agreement.
- You may opt-out of Sections 15(a)-(d) by sending a notice (“Rejection Notice”) to LEHYC no later than sixty (60) days after your first consent to these Terms or to any subsequent revisions to this Section 15. If you opt out of a subsequent revision, you will remain bound by the prior version of this Section unless you previously opted out of that version. You must mail the Rejection Notice by certified mail return receipt requested or messenger service (e.g. Federal Express) to LEHYC at [●]. In the event of any dispute concerning whether you provided a Rejection Notice within sixty (60) days, you must provide a signed receipt confirming LEHYC received the Rejection Notice within sixty (60) days. You may opt out of these Terms in their entirety by not using our Site.
- To the extent that a dispute is not subject to arbitration under this Section 15, such dispute may be resolved through an action brought in the appropriate state or federal court located in Santa Clara County, California; and we both irrevocably consent to the jurisdiction and venue of such courts for the adjudication of any non-arbitrable claims and waive any objection to such courts on any basis, including without limitation inconvenience of the forum.
- Electronic Communications Notice. When you use our Site or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or by posting notices on the applicable portion of the Site. You may update your email address for notice purposes by logging in to your account (if any). You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for us to communicate with you electronically, you must terminate your account (if any) and you may not use our Site.