© 2016 by LeaseMyMarketing

Privacy Policy

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LEASEMYMARKETING, LLC

TERMS OF SERVICE

Introduction

LeaseMyMarketing is a marketing services provider, that allows small business owners to finance our marketing services over periods of time to reduce the initial up-front investment.

 

Our Purpose

Our services are designed to provide small business owners from all over the world with exceptional marketing services and products by providing affordable monthly payment plans in order to decrease the initial investment of our services. By using our services, you are entering into a legal agreement with us, consisting of these Terms of Service, our Privacy Policy, and our additional services’ legal terms. 

These LeaseMyMarketing Terms of Service (“Terms of Service”), together with our Privacy Policy available at http://www.leasemymarketing.com/#!privacy-policy/wbwzm (“Privacy Policy”), and such additional terms which specifically apply to some of our services and features as presented on the LeaseMyMarketing website(s) (“LeaseMyMarketing Website”, and collectively – the “LeaseMyMarketing Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the LeaseMyMarketing Website and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (collectively – the “LeaseMyMarketing Services” or “Services”).

 

The LeaseMyMarketing Terms constitute a binding and enforceable legal contract between LeaseMyMarketing LLC. and its affiliated companies and subsidiaries worldwide (“LeaseMyMarketing”, “us” or “we”) and you when you are in agreeance with the terms and conditions set forth. 

You may utilize the LeaseMyMarketing Services only if you fully agree to the LeaseMyMarketing Terms - and by using and/or registering to any of the LeaseMyMarketing Services, you signify and affirm your informed consent to these Terms of Use and any other LeaseMyMarketing Terms applicable to your use of any LeaseMyMarketing Services. By agreeing to these terms and conditions in the “Terms of Service”, you acknowledge that you have fully read and understand the terms and conditions of such binding agreement.

Legal Agreement

By using our services, you signify your consent to these terms. You may not use our services if you do not consent to all our terms.

 

User Account

The account information you provide us must be your own (or your company’s), and be accurate and complete.

LeaseMyMarketing, LLC will determine the ownership of all user accounts.   In general, the primary account representative must adhere to the following criteria:

  1. Primary account representative is  at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the LeaseMyMarketing Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the LeaseMyMarketing Terms;

  2. Primary account representative is not a resident of (or will use the LeaseMyMarketing Services in) a country that the U.S. government has embargoed for use of the LeaseMyMarketing Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;

  3. Primary account representative’s country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;

  4. Primary account representative understands that LeaseMyMarketing does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
     

Regarding your User Content

The Primary account representative owns all rights in and to any content uploaded by you or on your behalf (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content;

The User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your User Website’s visitors and users (“End Users”) reside, or for LeaseMyMarketing and/or your End Users to use or possess in connection with the LeaseMyMarketing Services;

Aggreenace to these terms and conditions confirms that the Primary account representative has obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

 

Client (Primary Account Representative) Obligations

  1. fully comply with all applicable laws and any other contractual terms which govern your use of the LeaseMyMarketing Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;

  2. be solely responsible and liable with respect to any of the uses of the LeaseMyMarketing Services which occur under your User Account and/or User Website(s), and for any of your User Content (including for any consequences of using or publishing such User Content on or with respect to the LeaseMyMarketing Services);

  3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Website, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;

  4. agreeance to receive promotional messages and materials from LeaseMyMarketing or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices, you may decline such services.

  5. allow LeaseMyMarketing to use in perpetuity, worldwide and free of charge, any version of your User Website (or any part thereof) for any of LeaseMyMarketing’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against LeaseMyMarketing or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Website with respect to such limited permitted uses;

  6. LeaseMyMarketing’s sole discretion as to the means, manner, and method for performing the LeaseMyMarketing Services, including those regarding the hosting, transmission, publication and/or display of any User Websites and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

 

Client (Primary Account Representative) undertakes and agrees NOT to:

  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the LeaseMyMarketing Website, the LeaseMyMarketing Services (or any part thereof), any Content offered by LeaseMyMarketing or Third Party Services for use and display within User Websites (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without LeaseMyMarketing’s prior written and specific consent and/or as expressly permitted under the LeaseMyMarketing Terms;

  2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of LeaseMyMarketing or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

  3. publish and/or make any use of the LeaseMyMarketing Services or Licensed Content on any website, media, network or system other than those provided by LeaseMyMarketing, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the LeaseMyMarketing Services, Licensed Content and/or User Website (or any part thereof), except as expressly permitted by LeaseMyMarketing, in advance and in writing;

  4. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the LeaseMyMarketing Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the LeaseMyMarketing Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the LeaseMyMarketing Services;

  5. act in a manner which might be perceived as damaging to LeaseMyMarketing’s reputation and goodwill or which may bring LeaseMyMarketing into disrepute or harm;

  6. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use LeaseMyMarketing or LeaseMyMarketing Marks and/or variations and misspellings thereof;

  7. impersonate any person or entity or provide false information on the LeaseMyMarketing Services and/or User Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to LeaseMyMarketing and/or any End Users;

  8. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that LeaseMyMarketing or any third party endorses you, your User Website, your business, your User Products, or any statement you make;

  9. reverse look-up, trace, or seek to trace another User of LeaseMyMarketing Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the LeaseMyMarketing Services and/or User Website without their express and informed consent;

  10. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the LeaseMyMarketing Services, User Website, the account of another User(s), or any other systems or networks connected to the LeaseMyMarketing Services, by hacking, password mining, or other illegitimate or prohibited means;

  11. probe, scan, or test the vulnerability of the LeaseMyMarketing Services or any network connected to the LeaseMyMarketing Services;

  12. upload to the LeaseMyMarketing Services and/or User Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

  13. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the LeaseMyMarketing Services or LeaseMyMarketing’s systems or networks connected to the LeaseMyMarketing Services, or otherwise interfere with or disrupt the operation of any of the LeaseMyMarketing Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

  14. use any of the LeaseMyMarketing Services and/or User Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;

  15. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or LeaseMyMarketing Services, except as expressly permitted by the LeaseMyMarketing Terms;

  16. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the LeaseMyMarketing Services and/or Licensed Content; or

  17. violate, attempt to violate, or otherwise fail to comply with any of the LeaseMyMarketing Terms or any laws or requirements applicable to your use of the LeaseMyMarketing Services.
     

By consenting to these “Terms of Service”, it is understood that failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services. 

 

Content and Ownership

LeaseMyMarketing, LLC owns all rights in and to our services, content, data, technology and features.

 

Privacy

Please read our Privacy Policy to learn more about our practices concerning personal information.  LeaseMyMarketing “Privacy Policy” can be found online at www.leasemymarketing.com or can be requested by contacting a team member of LeaseMyMarketing, LLC.

 

Fees, Taxes and Payment

The use of certain LeaseMyMarketing Services may be subject to payment of particular fees, as determined by LeaseMyMarketing in its sole discretion (“Paid Services” and “Fee(s)”, respectively). LeaseMyMarketing will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by LeaseMyMarketing. To the extent permitted by law (and unless specified otherwise by LeaseMyMarketing in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the LeaseMyMarketing Services, or to any payments or purchases made by you. If LeaseMyMarketing is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction.

As part of registering or submitting information to receive Paid Services, you also authorize LeaseMyMarketing (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries LeaseMyMarketing or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment provider (e.g., updated expiration date or card number as may be provided to us by your credit card company).

Monthly payments will be made directly to LeaseMyMarketing, LLC at the service fees specified and agreed to by both LeaseMyMarketing, LLC and Client (Primary Account Representative).  It is required that Client provides a valid credit card credential that is affiliated with the said business in order for monthly fees to be charged in accordance with the services provided and agreed upon by both LeaseMyMarketing, LLC and Client.  The fee schedule will be provided to the Client based on when services begin and the services selected. 

In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the LeaseMyMarketing Services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by LeaseMyMarketing in writing). Accordingly, where applicable, LeaseMyMarketing will attempt to automatically renew the applicable LeaseMyMarketing Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with LeaseMyMarketing.

*LeaseMyMarketing, LLC has full authority accept other forms of payment, as well as agree to annual payments based on Client preference.  This is solely at the discretion of LeaseMyMarketing, LLC.

*Should a payment be declined from the Client’s payment provider (insufficient funds, chargeback, etc.), LeaseMyMarketing, LLC shall assess a $35 processing fee that is additional to the Service Fee for such services.

*Please contact our Customer Support team before filing a chargeback. You will be responsible for any incorrect fees, losses and expenses that follow.

*If, at any time, you contact your bank or credit card company and decline, chargeback or otherwise reject the charge of any payable Fees (“Chargeback”), this act will be considered a breach of your payment obligations hereunder, and your use of the LeaseMyMarketing Services may be automatically terminated. 

 *In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below). 

 *Your use of the LeaseMyMarketing Services will not resume until you re-subscribe for any such LeaseMyMarketing Services, and pay any applicable Fees in full, including any fees and expenses incurred by LeaseMyMarketing and/or any Third Party Services for each Chargeback received (including Fees for LeaseMyMarketing Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor

 

Invoices

Invoices for our paid services will be available upon request and/or emailed to you. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only. 

 

Contract Term

The initial contract term as agreed upon by LeaseMyMarketing, LLC and the Client (Primary Account Representative) is stated for 3 years (36 months).  An automatic term renewal will occur when the account has reached the 3-year term.  The renewal will enroll Client for a consecutive 3-year term.  If Client does not want to renew such contract, Client is required to state in writing the intent to not renew at a minimum of 30 days prior to the end of the original 3-year term.

Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the LeaseMyMarketing Services you use (whether or not such LeaseMyMarketing Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any LeaseMyMarketing Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any LeaseMyMarketing Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against LeaseMyMarketing in relation to the discontinuation of any LeaseMyMarketing Services or Third Party Services, for whatever reason.

 

Termination of Contract

Failure to comply with any of the LeaseMyMarketing Terms and/or to pay any due Fee shall entitle LeaseMyMarketing to suspend (until full payment is made) or cancel your User Account and User Website (or certain features thereof), as well as the provision of any related LeaseMyMarketing Services (e.g., Paid Services) or Third Party Services to you. 

If your User Account or any LeaseMyMarketing Services or Third Party Services related to your User Account are cancelled (whether at your request or at LeaseMyMarketing’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). LeaseMyMarketing shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any LeaseMyMarketing Services following their cancellation, as determined by LeaseMyMarketing in its sole discretion.


Either party may terminate this Agreement immediately upon the occurrence of any one or more of the following events: (i) the other party fails to pay when due any amounts required to be paid under this Agreement; (ii) the other party breaches any material term or provision of this Agreement (other than a breach described in subsection (i) above), and if capable of cure, such breach remains uncured 30 days after the non-breaching party gives written notice thereof to the breaching party; or (iii) the other party becomes insolvent, makes an assignment for the benefit of its creditors, institutes or becomes subject to any proceeding under any bankruptcy or similar laws for the relief of debtors, or seeks the appointment of, or becomes subject to the appoint of, any trustee or receiver for all or any portion of such party's assets.

LeaseMyMarketing, LLC may terminate this Agreement (i) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or (ii) immediately by giving written notice to Customer, if LeaseMyMarketing, LLC determines in good faith that Customer's use of the Customer Web site or the Customer Content violates the Acceptable Use Policy.

Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which LeaseMyMarketing, LLC may be entitled.

Within 15 days after the termination of this Agreement, Customer will pay the Termination Charge to LeaseMyMarketing, LLC as set forth by the Termination Fee Schedule below:

*Cancellation for Client enrolled in website services package - $839

 

Failure to pay the cancellation fee will result in forfeiture of any content or user information on the hosting website.  Cancellation fee is required to be paid in full prior to LeaseMyMarketing, LLC forwarding any information from hosting website to another party or Client user.

Please note: Certain services purchased on or through the LeaseMyMarketing Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the LeaseMyMarketing Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. LeaseMyMarketing will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services. 

Contract Renewal Incentive

At the completion of the original 3-year term, Client will be automatically renewed for a consecutive 3-year term, unless otherwise notified by Client to LeaseMyMarketing, LLC in writing 30 days prior to the renewal date and as indicated in the “Term of Contract” section of Terms of Service. 

If Client renews for a second 3-year term, LeaseMyMarketing, LLC will offer a free of charge website design and upgrade at the discretion of Client with the same or similar services as identified in the selected package.

 

Site Maintenance and Changes

LeaseMyMarketing, LLC offers the opportunity to make minimal changes to the developed site for such updates as pictures, business promotions, testimonials or other similar updates/changes.  Although changing items such as pictures or context can be a simple request, the maintenance does take time and effort to ensure the changes are proper, correct and acceptable to enhance the appearance of the site on all applicable devices.

LeaseMyMarketing, LLC will offer one (1) full hour of changes on a monthly basis for such requests included with the package selected.  However, should additional changes and updates be requested that may go beyond what is included in the package per monthly maintenance, additional fees will apply at the rate of $50/hour.  Fees will be billed based on half-hour (30 minutes) increments for site maintenance on the following month’s automatic billing cycle.

 

Misconduct and Abuse

LeaseMyMarketing, LLC provides the LeaseMyMarketing Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the LeaseMyMarketing Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the LeaseMyMarketing Services – so please be sure to verify those before using or otherwise engaging them.

LeaseMyMarketing may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Website and/or User Content, at any time and for any reason, with or without notice.

Notwithstanding anything to the contrary in the foregoing, in no circumstances may LeaseMyMarketing be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the LeaseMyMarketing Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, LeaseMyMarketing shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

Client (Primary Account Representative) acknowledges that there are risks in using the LeaseMyMarketing Services and/or connecting and/or dealing with any Third Party Services through or in connection with LeaseMyMarketing Services, and that LeaseMyMarketing cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

LeaseMyMarketing does not recommend the use of the LeaseMyMarketing Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

 

Copyrights

In the event that LeaseMyMarketing receives notice regarding a copyright infringement related to your User Account or User Website, it may cancel your User Account, take your User Website down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at LeaseMyMarketing’s sole reasonable discretion. LeaseMyMarketing reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

When using the LeaseMyMarketing Services, you may be exposed to User Websites, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against LeaseMyMarketing with respect thereto.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the LeaseMyMarketing Services, please immediately report such User and/or Third Party Service to us. You agree that your report shall not impose any responsibility or liability upon LeaseMyMarketing, and that LeaseMyMarketing may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion. 

 

Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, LeaseMyMarketing, LLC, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the LeaseMyMarketing Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the LeaseMyMarketing Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the LeaseMyMarketing Services; and/or (6) events beyond the reasonable control of LeaseMyMarketing, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties.

 

Client (Primary Account Representative) acknowledges and agrees that these limitations of liability are agreed allocations of risk constituting in part the consideration for LeaseMyMarketing’s services to you, and such limitations will apply even if LeaseMyMarketing has been advised of the possibility of such liabilities.

 

Indemnity

Client (Primary Account Representative) agrees to defend, indemnify and hold harmless LeaseMyMarketing, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other LeaseMyMarketing Terms; (2) your violation of any third party right, including any copyright, property, or privacy right, resulting from your User Website or User Content and/or your use of the LeaseMyMarketing Services; and/or (3) any other type of claim that your User Website and/or User Content caused damage to a third party.

 

LeaseMyMarketing may change, suspend or terminate any of the LeaseMyMarketing Services (or any features thereof, or prices applicable thereto), and/or change any of the LeaseMyMarketing Terms - at any time and in any manner. Such changes may become effective upon notice to you (and in any event, not in a retroactive manner – except as required otherwise by law). If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current LeaseMyMarketing Services without enabling such changes, or provide you with alternative Services.

 

Changes & Updates

The LeaseMyMarketing Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the LeaseMyMarketing Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the LeaseMyMarketing Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.

We may provide you with notices in any of the following methods: (1) via the LeaseMyMarketing Services, including by a banner or pop-up within the LeaseMyMarketing Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. LeaseMyMarketing’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

 

General Agreement

These terms (together with our Privacy Policy and additional terms) shall constitute the sole and entire agreement between LeaseMyMarketing, LLC and the Client.

These Terms of Use, together with the LeaseMyMarketing Terms and any other legal or fee notices provided to you by LeaseMyMarketing, shall constitute the entire agreement between you and LeaseMyMarketing concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between LeaseMyMarketing and you, including those made by or between any of our respective representatives, with respect to any of the LeaseMyMarketing Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of LeaseMyMarketing in entering into any of the LeaseMyMarketing Terms.

LeaseMyMarketing may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the LeaseMyMarketing Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of LeaseMyMarketing. Any attempted or actual assignment thereof without LeaseMyMarketing’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this section shall not in itself grant either LeaseMyMarketing or you the right to cancel any LeaseMyMarketing Services or Third Party Services then in effect.