These Terms of Use (these “Terms”) govern each website, mobile site, application, and/or other service, regardless of how distributed, transmitted, published or broadcast (each a “Service” and collectively, the “Services”) provided by Leasify, LLC (“Leasify,” “us,” “we,” or “our”) that links to these Terms, which are binding on all those who access, visit and/or use the Services, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital context by an automated or manual process or other (collectively, “you” or “your”).
Leasify is an informational marketplace designed to connect potential car buyers or lessees with car dealerships or sellers. Leasify is not, and does not, engage in activities that would constitute the sale, rental or lease to automobiles and you agree that any transaction you engage in related to a car lease or purchase is subject in all respects to the negotiation of definitive documents between you and the counterparty outside of the Leasify platform and separate and apart from the Services
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS OF USE CONTAIN AN AGREEMENT TO ARBITRATE THAT MAY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN IN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS. IT ALSO REQUIRES YOU TO GIVE UP YOUR RIGHT TO PARTICIPATION IN CLASS ACTIONS OF ANY KIND. THE ARBITRATION AGREEMENT IS FOUND IN THE “DISPUTES SECTION” BELOW.
By using Leasify’s marketplace services, you agree to these Terms, as updated from time-to-time. The date of the most recent revisions will appear at the top of this page, and we encourage you to revisit this page often and review the Terms. Unless explicitly stated otherwise, any new features that we may add to our Services will also be subject to these Terms, and any other special terms of services referenced in the new feature.
Your use of the Services constitutes your acceptance of any changes and/or revisions to these Terms. If you disagree with these Terms, or if you violate, breach, fail to follow, or act inconsistently with these Terms or any other terms and conditions that apply to the Services (including, but not limited to our Privacy Policy), then your access to and use of the Services is unauthorized, and Leasify reserves the right to terminate, suspend, and/or restrict your ability to access, visit and/or use the Services and to refuse to honor any of our purported obligations under these Terms, with or without notice. In addition, we may restrict or refuse to provide you with future access, visitation, and/or use of the Services. We reserve the right, in addition to other remedies, to take any technical, legal or other actions we deem necessary, with or without notice, to prevent violations and to enforce these Terms. As part of this, we reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving the Services. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Terms.
Leasify may modify, suspend, discontinue, or terminate your right to use part or all of the Services at any time without notice to you, and in that event, we may modify the Services to make them inoperable. Leasify will not be liable to you should it exercise those rights.
The Services are controlled and operated by Leasify from the United States and are not intended to subject Leasify to the laws or jurisdiction of any state, country, or territory other than the United States (excluding unincorporated territories, Puerto Rico, and Guam). Leasify does not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
The Services are intended only for use in the United States by individuals who are 18 years of age or older and who have the capacity to enter into a valid contract. By accessing the Services you represent and affirm that you meet these requirements. Individuals under the age of 18 are expressly prohibited from registering for the Services or submitting their personal information to us, and from using portions of the Service for which registration is required. If you choose to access this site from a location outside the United States, you are responsible for compliance with local laws.
Leasify does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors.
These Terms govern all content on the Services, including text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, trademarks, trade names, service marks, games, and other brand identifiers, designs, plans, software, source and object code, data, algorithms, analysis, statistics, indexes, registries, repositories, and all other content, information, and materials available on or through the Services, whether provided by Leasify, our licensors, partners, vendors, and/or other service providers (“Content”).
Dealer Listings (defined below) and descriptions on the Service, whether provided by Leasify, or third parties, are for informational purposes only and Leasify does not guarantee the accuracy of such information. Leasify may obtain vehicle listing information, including vehicle descriptions and vehicle histories from dealerships or third parties, so there is a possibility that unintentional or unknown errors occur. All vehicles are subject to prior lease or sale and may not be available in your area or to you when you are ready to lease. You agree that any reliance on the Dealer Listing and descriptions on the Service is at your own risk. All Dealer Listings are subject to the Disclaimer of Warranty and Limitation of Liability in these Terms. Leasify is under no obligation to finance, sell, or lease a vehicle to you. In addition, despite our best efforts, it is possible that vehicles or other items on our website may be mispriced. Leasify makes no representations and has no obligation, responsibility, or intention to notify you of any discrepancies involving the price, condition, or other aspects of a vehicle listed by any third party, or other party that is not Leasify itself.
Leasify is not responsible for, nor substantiates or guarantees in any way, Account Materials, Dealer Listings (each as defined below) or any other content posted by you, other users, or third parties on the Service. You are entirely and solely responsible for any and all engagement with other users or third parties on or via the Service. The information on vehicles provided in this Service may be supplied by other third parties, Leasify is not responsible for the accuracy of such information. Leasify provides the Service and these materials without representations, guarantees, or warranties of any kind, whether express or implied.
Subject to your compliance with these Terms, Leasify grants you a non-exclusive, limited, revocable, personal, non-transferrable license to use the Services and to download and use any Leasify mobile application (“Mobile Application”) on your mobile device, for your personal, NONCOMMERCIAL use only. As part of this, you may print, save, download, and share vehicle information, any paperwork or other information relating to your search, and your online credit report used by dealers. This license does not include any resale or commercial use of any Services or its Content, any derivative use of any Services or its contents, any downloading, copying, or other use of account information for the benefit of any third party, or any use of data mining, robots, or similar data gathering and extraction tools.
You may only use these Services for lawful purposes and in accordance with these Terms. As a condition of your use of these Services, you warrant to Leasify that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of a third party, you may NOT do the following in connection with the Services and Content:
Without limiting any of our other rights or remedies, a violation of any of the above may result in the removal of your profile/account from our system, revocation of any accounts you have for our Services and/or a ban from creating new accounts.
We will require you to register and set up an account or profile to access, visit, or use certain Services or components of the Services, in which case you may be required to create, or you will be provided with, a password and User ID, and you may be required to provide your name, telephone number(s), email address, street address, car and lease interests, wants and needs, and other personal information (“Account Information”). In addition, we may ask you to send us similar information via email, SMS, chat, and other technologies. All Account Information submitted to Leasify through whatever channel becomes and remains the property of Leasify subject to applicable law. Consequently, we may use any Account Information you submit for any purpose we deem appropriate in accordance with these Terms and our Privacy Policy. We maintain strict physical, technical, and administrative safeguards to protect your Account Information from unauthorized or inappropriate access.
You agree, represent, warrant, and guarantee that all Account Information you submit to Leasify is your information, true, accurate, complete, and up to date. You may not impersonate or pretend to be someone else when registering and/or setting up an account/profile on the Services and/or conducting transactions. If any of your Account Information changes, you must update it via the mechanisms provided.
If you provide to us the number for a mobile or other device, or we obtain the device identifier for a device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name and owned by you, or that you have permission of the device owner(s) to utilize the device for such purposes.
LEASIFY SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE, AND UP-TO-DATE ACCOUNT INFORMATION, INCLUDING YOUR FAILURE TO RECEIVE CRITICAL INFORMATION FROM LEASIFY OR CAR DEALERSHIPS. LEASIFY SHALL NOT BE RESPONSIBLE FOR VERIFYING YOUR ACCOUNT INFORMATION. LEASIFY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY SUFFER AS A RESULT OF YOUR SHARING YOUR USERNAME, PASSWORD, AND/OR ONLINE ACCOUNT SERVICES WITH SOMEONE ELSE. IF YOU PROVIDE YOUR ACCOUNT INFORMATION TO SOMEONE ELSE OR ALLOW SOMEONE ELSE TO ACCESS AND USE YOUR ONLINE ACCOUNT SERVICES, YOU WILL BE RESPONSIBLE FOR ALL ACTIONS TAKEN BY THAT PERSON.
We reserve the right at any time, without notice, to remove or require a change to any password or User ID that has been provided to you or otherwise to change the access means or methods for portions of the Services.
You are solely responsible for maintaining the confidentiality of your User ID, password, and Account Information and for all access, visitation, use of, and activity on your account/profile. You agree that we may, and you expressly authorize us to, process transactions and registrations for additional services initiated using your Account Information.
You may not authorize or permit anyone else to access and/or use your Account Information, or access, visit, and/or use the Services by use of your account/profile and/or Account Information, except as permitted by law. You may not access and/or use anyone else’s Account Information, or access, visit and/or use the Services by use of anyone else’s account/profile and /or Account Information.
You may not sublicense, transfer, sell, rent, or assign your User ID, account/profile, or password to any third party without Leasify’s written approval.
If you suspect that your account/profile is no longer secure, you must immediately change your User ID and/or password, if available, and/or close the account/profile.
Leasify is not responsible for errors or negligent use of your account/profiles, including input errors, negligent handling or sharing of usernames or passwords, and leaving a computer unattended while accessing online account services
You are welcome to submit comments, videos, photos and other communications via the Services to help develop your account profile and generate lease leads that match your wants and needs (“Account Materials”). You acknowledge and agree that you are responsible for all Account Materials you make available on any Services. You represent and warrant that (1) you have the authority to grant the rights in such Account Materials as set forth below and (2) such Account Materials, and the use of such Account Materials, shall not violate these Terms.
By submitting Account Materials via the Services, you grant to Leasify a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, edit, translate, distribute, publish, perform, sublicense, distribute, sell, and display, in public or otherwise, any Account Materials you make available, in any media or medium, in any form, format, or forum, and for any purpose, without compensation to you. For this reason, do not send any Account Materials to us that you do not wish to license to us, including any confidential information. You also grant to Leasify a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Account Materials. In addition, you grant Leasify the right to include the name or other identifying label (e.g., handle) you provide along with the Account Materials, with the understanding that Leasify is under no obligation to attribute such Account Materials to you. You agree you will indemnify Leasify for all claims relating from any Account Materials you supply. Leasify takes no responsibility and assumes no liability for any Account Materials posted by you or a third party.
You may not share any Account Materials that violate these Terms or for which you do not have all the rights necessary to grant us the license described above. You agree that you will not make Account Materials available on the Services that:
Our Services include a dealership vehicle listing service that allows dealerships to create and list vehicle profiles for vehicles they have available to lease to you and other users. Such vehicles listed as available to lease on our Services are listed by unaffiliated third parties (“Dealer Listings”). For all such services related to Dealer Listings, Leasify is not an automobile broker, dealer or leasing agent and does not sell, exchange, buy, offer for lease or sale, negotiate, and/or attempt to negotiation a lease or sale or exchange of any interest in any Dealer Listings vehicle listed. In the context of Dealer Listings, Leasify does not sell or lease vehicles directly, does not hold or possess title for Dealer Listings vehicles, and is never a part to any transaction(s) between buyer and seller or the dealership and lessee. Accordingly, Leasify does not guarantee or ensure any Dealer Listings, or any Dealer Listing transactions between a buyer and seller or a dealership and lessee and does not warehouse, store, ship or deliver any of these vehicles.
While Leasify and its employees may help facilitate various aspects of Dealer Listings and leases, Leasify fully disclaims any control, responsibility or liability for: (a) the availability, existence, quality, legality, or safety of Dealer Listings vehicles, (b) the ability of dealerships to lease listed vehicles, (c) the truth or accuracy of Dealer Listings content, (d) that a dealership or lessee will follow through with any transaction or promises in the context thereof, and/or (e) that a lessee is able to pay the amount advertised or agreed upon for the lease of a Dealer Listing vehicle.
The information on Dealer Listings provided via the Service is supplied by the dealership or other third parties, Leasify is not responsible for the accuracy of such information, including information regarding: (a) vehicles and vehicle details, including but not limited to mileage, history, condition, ownership, or photographs, (b) dealership background, reliability, or suitability, and (c) lease rates, financial requirements and other leasing terms.
Leasify may provide certain information or references related to Dealer Listings vehicles; such information or references are generated by unaffiliated third parties, including but not limited to report providers or inspection service providers, and Leasify is not responsible for and does not guarantee the accuracy of any information provided by such third parties and made available via the Service. Dealership and lessee shall address any and all concerns, questions, issues, discrepancies, or differences regarding Dealer Listings with each other directly. Dealer Listings vehicle prices may not include certain additional costs and fees such as, but not limited to: government fees and taxes, title and registration fees, licensing and plate fees, finance charges, and emission testing charges. Such additional fees are solely and entirely the responsibility of the dealership and lessee, and may be added to the final lease/purchase price of the vehicle or the responsibility of the dealership or lessee following the transaction and/or payment of the final purchase price.
Dealer Listings dealerships and lessees – including prospective dealerships and lessees – are advised to exercise caution and use their good sense and personal judgment when using the Service and transacting with Dealer Listings vehicles and third parties. We encourage you to act in the same conscientious manner in which you would when purchasing other goods from private parties through other listing sites or applications
You agree to fully indemnify and release Leasify from any and all third party disputes involving Dealer Listings vehicles, listings details, data or information uploaded to the Service related to Dealer Listings vehicles, attempted or completed Dealer Listings transactions, or any subject matter involving Dealer Listings and such vehicles, including all claims related thereto, demands associated therewith, and/or damages alleged, of every kind and nature, including actual and consequential, punitive, incidental, special, known, and unknown, arising in any way out of Dealer Listings interactions, transactions, and/or disputes. In no event shall any liability of Leasify in the context of Dealer Listings exceed the amount paid by you to us for your use of the Services in the six months preceding such loss, subject to applicable law.
LEASIFY PROVIDES THE SERVICE AND THESE MATERIALS WITHOUT REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LEASIFY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY PROSPECTIVE OR ACTUAL DEALERSHIP OR LESSEE OF ANY DEALER LISTINGS VEHICLES AS TO THE EXISTENCE, CONDITION, OR OWNERSHIP OF DEALER LISTINGS VEHICLES, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY DEALER LISTINGS VEHICLE LISTED ON THE SITE. ALL DEALER LISTINGS VEHICLES, AND INFORMATION AND MATERIALS RELATED THERETO, ON THE SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, LEASIFY SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NONINFRINGEMENT, EXCEPT AS PROVIDED BY LAW. LEASIFY MAKES NO REPRESENTATIONS OR GUARANTEES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, TO YOU REGARDING THE SERVICE, INCLUDING, WITHOUT LIMITATION, THAT YOU WILL RECEIVE ANY INQUIRIES REGARDING LEASING A VEHICLE, THAT YOU WILL LEASE A VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR THE LEASE OF A VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED DEALERS, OR RECEIVE ANY INQUIRIES OR OFFERS REGARDING YOUR VEHICLE NEEDS.
To provide all users of our Services with a positive experience, we may monitor activities on the Services to ensure compliance with these Terms. By utilizing the Services, you agree to such monitoring. Leasify shall have the right (but not the obligation) in our sole discretion to edit, move, delete, or refuse to make any Account Materials available through the Services for any reason, including violations of these Terms. Nonetheless, Leasify does not represent, warrant or guarantee that it will monitor the Services for accuracy or unacceptable use or that it will take any specific action, or any action at all, in the event of a challenge or dispute regarding compliance or non-compliance with these Terms.
Leasify designed its Services to meet your car-shopping needs by providing you with accurate and upto-date information about lease offerings. Despite our efforts, however, it is inevitable that some inaccuracies may occasionally be present, including, without limitation, incorrect information or statements relating to the availability of a specific make and model of a vehicle for lease, prices for or features/accessories on particular vehicles, the availability of credit, the terms of any such credit, and any features that may estimate credit terms. Additionally, the color and general appearance of vehicles in photographs may appear differently in person depending on your device settings. Information is provided by third parties including dealerships and Leasify does not guarantee the accuracy of such information. All vehicles are subject to prior sale or lease and may not be available when you are ready for purchase. You agree that reliance on the vehicle listings and descriptions on the Services is at your own risk. For this reason, please contact the dealership location where a vehicle is being offered for lease through and the vehicle is located to confirm the accuracy of the contents of any Dealer Listing before you visit that a dealer location.
We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content available on or through, or downloadable from, the Service, including without limitation any Content in or related to your account/profile. This includes updates or upgrades to Content, automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to the Service may not be consistent across all platforms, or Devices. If you do not refresh the Service after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality, and/or Content, for which we and our Indemnitees disclaim any and all responsibility and liability. If any changes require you to obtain new, additional, or different equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other services, you are solely responsible for any additional expense. Even after Content is removed from your account/profile, your messages, post(s), and/or threads, regardless of whether such removal or deletion is by you or by us, copies of that Content may be retained and/or remain viewable by us, our licensors, vendors, service providers, and/or other third parties
If any information contained in these Terms is inaccurate, we will use commercially reasonable efforts to investigate and correct the alleged issue. To request a correction, please email Leasify, noting the incorrect information and the correction. We reserve the right to verify the correctness of any information provided.
Unless otherwise stated or clear from context, references on the Services to any names, marks, products, or services of third parties, or links to third-party sites or information, are not any endorsement, sponsorship, or recommendation of the third party or its information, product or services. Leasify assumes no responsibility for the content of these third-party websites, or any links on those third-party sites, including any third-party dealership websites, social media or mobile application platform with which the Services operate or otherwise interact, and Leasify has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any thirdparty website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. Leasify assumes no responsibility for webcasting or any other form of transmission received from any linked website. You rely on the contents of a third-party website at your own risk and you assume all responsibilities and consequences resulting from such reliance.
When you use the Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider, (collectively and individually, “Third-Party Services”), and you acknowledge that your use of those Third-Party Services may be subject to the separate policies and terms of use, including fees, of one or more third parties. Third-Party Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Third- Party Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, quality or any other aspect of the Third-Party Materials or websites. Leasify shall have no liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties and we do not warrant or endorse any Third-Party Services, Third-Party Materials or third-party websites, or any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you. Location data provided by any Third-Party Services is for basic navigational purposes only, may not be accurate, and is not intended to be relied upon in situations where precise location information is needed. You acknowledge and agree that any Third-Party Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the proprietary content, information or materials in any way whatsoever except for permitted use of the Third-Party Services.
You acknowledge and agree that the Services and all Content are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws and are the property of Leasify or Leasify’s third-party licensors. Except as expressly authorized by these Terms, you may not make use of the Content and Services, and Leasify reserves all rights to the Content and Services not granted expressly in these Terms.
Leasify is the owner of a number of unregistered trademarks and service marks used throughout the Services and in Content. Any unauthorized use, replication, or other violations of trademark law will 1 be prosecuted. All other trademarks not owned by Leasify or its subsidiaries that appear on this site are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Leasify.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT By using or accessing the Services, you agree to this Disputes Section.Arbitration is a way of resolving disputes before one or more neutral persons, instead of having a trial in court before a judge and/or jury.
The Services are based in the United States. They are not designed, customized, or intended for, or directed to, any other country. Those who choose to access, visit, and/or use the Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty, or guarantee that the Services, or any products, services, and/or Content available on or through the Service, are appropriate, available, or legal in any particular geographic location.
In any dispute between us, your sole remedy is to stop using your account/profile and/or the Services. You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
IF WE HAVE A DISPUTE THAT WE ARE UNABLE TO RESOLVE, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW:
(1) ANY AND ALL CLAIMS (DEFINED BELOW) WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF A CLASS IN A CLASS ACTION (“CLASS ACTION WAIVER”) AND
(2) IF YOU OR WE CHOOSE ARBITRATION, THEN ARBITRATION SHALL BE MANDATORY AND BINDING AND:
A “Claim” is any claim, dispute or controversy between you and us that in any way arises from or relates to the Services and/or these Terms, including but not limited to:
Arbitration of a Claim must comply with this Arbitration Provision and the applicable rules and procedures of the arbitration Administrator. Arbitration is not mandatory for an individual Claim that you or we may choose to bring in small claims court or the state’s equivalent court, if any. If that Claim is transferred, removed or appealed to a different court, you or we then may choose arbitration.
For California Residents Only: Arbitration is not mandatory for any Claim for which you may seek public injunctive relief expressly authorized by statute, or for an individual Claim that you or we may choose to bring in small claims court or the state’s equivalent court, if any. If the individual Claim is transferred, removed or appealed to a different court, you or we then may choose arbitration.
RESIDENTS ONLY: THIS MEANS THAT YOU MAY NOT (I) BE A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR (II) ACT AS A PRIVATE ATTORNEY GENERAL, EXCEPT TO SEEK PUBLIC INJUNCTIVE RELIEF EXPRESSLY AUTHORIZED BY STATUTE.
Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s Claim or Claims. Notwithstanding any other part of this Disputes Section, the validity and effect of the Class Action Waiver must be determined only by a court and not by an arbitrator. If a court limits or voids the Class Action Waiver, then this entire Disputes Section (except for this paragraph) will be null and void.
You agree that, regardless of where you access, visit, and/or use the Services, by using the Services, you agree that federal law (including federal arbitration law) and laws of the State of Michigan, without regard to the principles of conflict of laws, will govern these Terms. Any disputes, claims, and actions arising from or in connection with these Terms and Services that are not arbitrated or that otherwise result in court action will be resolved exclusively by a state or federal court in the State of Michigan, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. YOU AND LEASIFY BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE CONTENT. LEASIFY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES OR CONTENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, LEASIFY WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES AND CONTENT. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY CONTENT, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER SERVICE PROVIDERS IN PERSON, INCLUDING BUT NOT LIMITED TO, DEALERSHIPS. WE DO NOT INVESTIGATE OR VERIFY ANY SERVICE PROVIDER AND/OR DEALERSHIP REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR INFORMATION SERVICE PROVIDERS AND/OR DEALERSHIPS MAY SUBMIT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO DEALER LISTINGS. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER SERVICE PROVIDERS AND DEALERSHIPS, PARTICULARLY WHEN SUBMITTING PAYMENTS OR PROVIDING PERSONAL IDENITIFICATION INFORMATION. IT IS POSSIBLE THAT YOU OR OTHER SERVICE PROVIDERS OR DEALERSHIPS MAY ATTEMPT TO DEFRAUD YOU, OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, BUYING AND LEASING THROUGH THE SERVICE (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHERSERVICE PROVIDERS AND/OR DEALERSHIPS).
CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR THROUGH THE SERVICES MAY BE HOSTED, ADMINISTERED, RUN, OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THESE TERMS WHEN USING THE SERVICES. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.
As a condition of use of the Services, you agree to indemnify, defend, and hold harmless Leasify and our members, officers, managers, employees, representatives, agents, successors and assigns from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees), and damages arising out of claims resulting from your access, visitation, and/or use of the Services, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms, any Content, or any Account Materials submitted by you, or from any or your acts or omissions in connection with the Services.
To obtain access to certain Services and have your Account Materials and profile referred to a dealership, you may be required to provide Leasify with certain information in order for a credit check to be performed on you. You hereby acknowledge and agree to provide your true, correct and complete personal information and you further hereby provide Leasify with permission to disclose such information to dealerships and/or other third parties, as required, solely for the purpose of such dealership or third party to run a credit check and report on you in connection with your intention to lease a vehicle. In order to run such credit check and report, we may need a copy or image of your driver’s license. By providing Leasify with a copy or image of your driver’s license, you agree that Leasify may scan the license and use and retain the information contained therein in a manner permitted by applicable law.
You acknowledge and agree that your personal information may also be disclosed to consumer credit reporting companies, whether by Leasify, a dealership or other third party.. LEASIFY SHALL NOT BE LIABLE FOR ANY AND ALL CLAIMS OR DAMAGES ARISING OUT OF YOUR DISCLOSURE TO US OF YOUR PERSONAL INFORMATION OR DISCLOSURE OF YOUR PERSONAL INFORMATION TO DEALERSHIPS, THIRD PARTIES OR CREDIT REPORTING COMPANIES.
The communications between you and us and/or you and any other user or third party utilizing the Services usually use electronic means, whether you access, visit, or use the Services, send messages, or whether we, other users, or other third parties post notices on the Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us, and/or other third parties using the Service in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we, and/or other third parties utilizing the Service provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so, applies to all of your interactions and transactions with us, and/or other third parties utilizing the Service.
You understand and agree that joining the Service may include receiving certain communications from us, and/or third parties using the Service, such as transactional or relationship messages, referrals, and/ or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Services.
By providing your phone number, you agree to receive calls and/or texts using automated technology for marketing purposes, or servicing and informational purposes related to your account, from Leasify and its authorized representatives. This consent is not required to have your profile referred to dealerships. Message and data rates may apply.
XVI. Mobile Application Users
The use of the Mobile Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Mobile Application, including administrative messages, service announcements, diagnostic data reports, and application updates, from Leasify, your mobile carrier or third-party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider relating to your use of the Mobile Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Mobile Application, including payment of all third-party fees associated therewith.
The Mobile Application may not work with all devices or all mobile carriers. Leasify makes no representations that the Mobile Application will be compatible with or provided by all mobile carriers. If fees are charged for the Mobile Application, or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services
In order to keep the Mobile Application up to date, we may offer automatic or manual updates at any time and without notice to you. If we elect to provide maintenance or support of any kind, we may terminate that maintenance or support at any time without notice to you.
When you use the Mobile Application, you may grant certain permissions to us for your device, and you may select if and when you want to receive certain notifications through the Mobile Application. Most mobile devices provide you with information about those permissions and notifications.
The Mobile Application will provide us with data about it and its interaction with the content you access using the Mobile Application and your use of it. Any information provided to us may be stored on servers in the U.S. and is subject to these Terms.
Users of iOS Applications
In addition to your agreement with these Terms, the following provisions apply with respect to your use of any version of the Leasify Mobile Application compatible with the iOS operating system of Apple Inc. (“Apple”):
If you have a question or a complaint regarding the Services, please send an email to info@leasify.com. You may also contact us by writing to Leasify, 29630 Orchard Lake Road, Suite 5, Farmington Hills, Michigan 48334, Attention: Customer Relations.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an email to info@leasify.com or call us at (877) LEASIFY (532-7439). You may also contact us by writing to Leasify, 29630 Orchard Lake Road, Suite 5, Farmington Hills, Michigan 48334, Attention: Customer Relations. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
We reserve the right to post, from time to time, additional rules that apply to certain portions of the Services or the Services as a whole. Such additional rules will be posted in these Terms and/or in the relevant portions of the Services, and are hereby incorporated into these Terms by this reference if not posted herein. Your continued access, visitation, and/or use of the Services constitutes your agreement to comply with these additional rules.
You understand and agree that these Terms represent the entire agreement governing your use of the Services and that they supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Leasify. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms will remain in full force and effect. If your state of residence does not permit a limitation of liability for consequential or incidental damages or disclaimers of certain warranties as described in this agreement, then all or a portion of those sections may not apply to you.
Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing and signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default pursuant to these Terms
You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. Notices to you (including notices of changes to this these Terms) may be made via posting to Leasify’s websites, Mobile Application, or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.