IMPORTANT NOTICE. PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE OR SUBMITTING ANY PERSONAL INFORMATION OR OTHER INFORMATION VIA THIS WEBSITE
The website available at www.lemoney.com, or any client, app, software, or content in any way associated with the website available at that URL (jointly the “Website”) may contain information about products that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. However, the Website and its contents are designed to comply with U.S. laws and regulations. Although accessible by others, it and its content are intended for access and use by U.S. residents only.
Renewal and Termination. To the extent you create an account at, or otherwise register to use, the Website, such account will be active for one month, after which it will automatically renew for successive months unless cancelled by you or by us in our sole discretion for any reason or no reasons. Termination of an account does not terminate this Agreement, which may only be terminated by our written notice to you, or by your written notice to us. In the event this Agreement terminates, (i) your authorization to use the Website will terminate and you will immediately cease all use of the Website (either through a web browser or other software, and either directly or indirectly), (ii) we may, in our sole discretion, terminate any account and delete or otherwise dispose of any Account Information provided by you, and (iii) where permitted by law, we may use self-help or other means to prevent further use of the Website by you or others working on your behalf. It is understood and agreed, however, that the foregoing will not constitute our or any other party’s obligation to delete or cease use of any Account Information
Feedback. From time to time, we or a third party engaged by us, may request feedback and other information from you about the Website or your experiences with the Website (the “Feedback”). Providing Feedback is optional. By providing Feedback, however, you will grant, and hereby do grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sub licensable right to use the Feedback for any lawful purpose, including, without limitation, the right to reproduce, adapt, publish, translate, distribute, and display all or parts of the Feedback in any medium whatsoever along with your (or your employer’s) name, in our sole discretion. We may also use the Feedback in anonymous and aggregate reviews.
Intellectual Property Claims. We do not control the content of information posted on the Website by third parties. If you are a copyright owner or agent thereof and believe that content posted on the Website infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location on the Website containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For such submissions, we can be reached via email to email@example.com or mail to the address identified in the “Contact Us” section of the Website. Please use the same contact information to report to us any other complaint you may have regarding content posted on the Website, including without limitation, any complaint that such content infringes a trademark right or other intellectual property right, or defames any person or is otherwise illegal or improper, by providing (i) a signed certification that the complaint is being made in good faith by one authorized to do so, (ii) an email address or physical address where you may be contacted, (iii) the URL of the location where the objectionable content can be found, and (iv) a reasonable description of the rights you believe are violated by the objectionable content. Warranty Disclaimer. As between you and Us, the Website, and all information we or third parties provide on the Website, and all clients, mobile applications or other software or content provided by Us, is provided to you “as is” and you use all of the foregoing entirely at your own risk. The Website is provided on an “as available” basis. We make no representations, warranties or guarantees of any kind whatsoever regarding its availability or the correctness of any content thereon, or that it will provide any feature or capability, or be suitable for any particular purpose. To the maximum extent permitted by law, we hereby disclaim, and you hereby waive, all warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty that may arise by usage of trade, course of dealing or course of performance of this agreement. Without limiting the foregoing, you acknowledge and agree that no software or website can be entirely secure or free of risk of security breaches or attacks by third parties, and that we make no warranty or representation that the Website will be secure or free from such breaches or attacks.
Notices. Any notice to us that is required or permitted by this Agreement shall be in writing, addressed by email to firstname.lastname@example.org, and shall be deemed given upon our receipt of the email. Any notice to you that is required by this Agreement shall be in writing and shall be deemed given: (i) if sent by email to the email address that we have in our records for you, upon the earlier of your receipt of the email or two business days after we sent the email (provided that we did not receive a message indicating that the delivery of the email was unsuccessful); (ii) if sent by mail to the mailing address that we have in our records for you, five business days after deposit in the mail, postage prepaid; (iii) if sent by fax to the fax number we have in our records for you, upon our receipt of electronic confirmation thereof; or (iv) if sent by next day delivery service to the address we have in our records for you, upon such delivery.
Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the United States and the State of Florida, without giving effect to any conflict of law provisions, and the application to this Agreement of the United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is expressly excluded. Subject to Section 13 below, the exclusive jurisdiction and venue for all legal actions arising out of this Agreement shall be in an appropriate court sitting in Dade County Florida, or the United States District Court for the Southern District of Florida and you hereby consent to the exclusive jurisdiction of such courts in any and all matters that may arise in connection with this Agreement, the Website, and/or any Account Information; and you expressly waive any rights to contest the jurisdiction, venue or convenience of any such federal or state court. Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction. You agree and acknowledge that any breach or threatened breach by you of this Agreement may cause us irreparable injury for which the recovery of money damages would be inadequate. Therefore, in addition to any other remedies that may be available at law, in equity, or otherwise, we shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement, without the necessity of proving actual damages, or posting a bond, even if otherwise normally required.
Disputes. With the exception of injunctive relief (which either party may seek as they deem necessary to avoid irreparable damage or preserve the status quo), any dispute between the parties arising out of or related to this Agreement shall be resolved as follows: (i) Upon the written request of either party, each party will appoint a designated representative whose task it will be to meet for the purpose of resolving such dispute. Each designated representative shall have the authority to reach a binding resolution of the dispute through amiable discussions, the exchange of documents, and/or meetings. The designated representatives shall negotiate in good faith in an effort to resolve the dispute without the necessity of any formal proceeding relating thereto; and (ii) All disputes that have not been resolved by the designated representatives within 30 days after said initial written request by one of the parties to appoint a designated representative shall be resolved by the courts specified in Section 12 above, upon the filing of an action by either party with said courts.
Force Majeure. Our failure or delay in the performance of any obligation under this Agreement shall be excused to the extent and for the duration that such failure or delay is occasioned by a force majeure event which shall include, without limitation, acts of God, acts of war, earthquakes, fires, floods, terrorism, riots, civil disorders, rebellions, labor disputes, or any circumstances beyond our reasonable control.
Severability. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, which shall remain in full force and effect.
Entire Agreement. This Agreement sets forth the entire understanding between you and us relating to your use of the Website, and supersedes all prior or contemporaneous negotiations, understandings, agreements, proposals and representations, written or oral, between you and us related to your use of the Website. We reserve the right to change this Agreement at any time by posting notice of the changes on the Website. You will be deemed to have been made aware of, and will be subject to, the changes to this Agreement after any use of the Website after such notice has been posted. Your continued use of the Website, or any materials or services accessible through the Website, shall constitute your acceptance of the changes. If you do not agree to the changes, your sole remedy shall be to discontinue use of the Website.
Forbearance; Waiver. No delay or failure by us in exercising or enforcing any rights or remedies under this Agreement, in whole or in part, and no course of dealing or performance, shall constitute a waiver by us of any provision of this Agreement.
No Assignment. This Agreement is personal to you. You shall not assign your rights or delegate your obligations under this Agreement, in whole or in part, without our prior written consent. Any attempted assignment or delegation by you shall be voidable ab initio by Us.
Binding Nature. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
No Agency, Partnership or Joint Venture. This Agreement shall not be construed as creating any agency, partnership or joint venture between us and you.
Captions. The headings contained in this Agreement are intended solely for convenience of reference and are not intended to be part of or affect the meaning or interpretation of this Agreement. The words “shall,” “agree” and “will” are mandatory, the word “may” is permissive, the word “or” is not exclusive, and the singular includes the plural and vice versa.
Last updated: February 08, 2016