Welcome to the website of Leaseze, Inc. ("Leaseze", "we" or "us"). The following terms and conditions (these "Terms of Use") govern your access to and use of www.Leaseze.com, including any content, functionality and Services (defined below) offered on or through www.Leaseze.com (the "Website"). We will refer to landlords and property landlords of rental units using the Service as "Landlords" and tenants or potential tenants who use the Service as "Tenants". Any user of the Service or Website, including Landlords and Tenants, will be referred to as a "User".
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to Users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Leaseze and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We reserve the right to withdraw or amend this Website, and any Service, function or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
In order to access the Services, Users must provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to the use of any interactive features on the Website, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Users authorize Leaseze, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your information against third party databases or through other sources. Nothing herein shall be construed to require Leaseze to verify the identity of any User on the Website nor will Leaseze have any liability for failure to verify any User’s identity.
A. Site. The Site is operated by My Rental Management, LLC. (“Leaseze”). The Site has a public section, available to any internet user, as well as a secure section, accessible only by registered users. Any reference to the Site includes the public and secure sections of the Site.
B. Agreement. This Agreement governs your use of the Site, including your use of any of Leaseze’s property management services (“Services”), which are described in Section 7 below. Any reference to the Site also includes the Services. Your use of the Site constitutes your acknowledgement and acceptance of this Agreement. If you do not accept this Agreement, do not use the Site. As long as you comply with this Agreement, Leaseze grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
A. Individually. You represent and warrant the following:
i. you are at least 18 years old;
ii. you have the power, authority, and capacity to be bound by this Agreement;
iii. you are using the Services for only legitimate property management business activities;
iv. you have the authority to use all Services to which you have been granted user permissions; and
v. any information you provide is true, accurate, and complete.
Corporate Representative. In addition to the representations and warranties made in Section 2.A above, if you are acting on behalf of a company or entity, you also represent and warrant the following:
. you have the legal authority to bind the company or entity to this Agreement. If Leaseze learns that you do not have the legal authority to bind the company or entity, you shall be personally responsible for the obligations contained in this Agreement, including but not limited to payment obligations; and
i. your use of the Services is at the company or entity’s direction and with its full knowledge.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Fees and Payments. Leaseze reserves the right at any time to change and/or increase the fees for access to portions of the Service or the Service as a whole. All fees shall be payable through the User’s account.
Leaseze currently provides a full-service, internet-based platform for Landlords to efficiently manage their rental units, including such features as promotion of an available rental unit, screening potential tenants with secure credit and background checks, creating and maintaining customized lease agreements, managing online ACH payment of Tenant Payments with automatic receipts and interest reminders, managing the move-in/move-out checklist online, maintenance requests, and property management reports (including rents collected and maintenance fees incurred) (the "Services"). More information on the Services is provided below. Users may use some or all of the features of the Service. LEASEZE RESERVES THE RIGHT TO ADD, SUBTRACT, OR CHANGE THESE SERVICES.
Leaseze makes it easy to advertise your residential rental property on multiple websites. By using the Leaseze service, you agree to comply with these terms of use.
I understand that Leaseze will share my listings with partner websites. When I update (or delete) my listing, Leaseze will update (or remove) my listing details in the data feeds to the partner websites. I understand that Leaseze does not own or manage any of the partner websites, and Leaseze has no responsibility for the actions or inactions of any other website.
The Leaseze service is provided through remote internet browsers and does not include the transfer of any software or intellectual property rights. I understand that I will use Leaseze services at my own risk. The Leaseze services are provided on an "As Is" and "As Available" basis. Leaseze expressly disclaims all warranties of every kind, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
I understand that I am responsible for complying with the Federal Fair Housing Act which prohibits discrimination based on:
I also agree to comply with any applicable Local and State Housing Laws. Leaseze does not review, approve or edit the information (text, photos, files, images, video, sounds, or other materials) that I enter. Leaseze displays the information I enter "as is" on various Leaseze partner websites.
I understand that all information I enter into the Leaseze service is my sole responsibility. I grant Leaseze the non-exclusive, worldwide, royalty-free right to publish, distribute, use, reproduce, and modify the information I enter. I warrant and represent that this information is accurate. I understand that Leaseze reserves the right to modify, delete, omit, terminate or delay any account or property information I enter for violating the terms of this Agreement or for any other reason.
When listing rental properties with Leaseze, I agree to all of the following:
The following actions are strictly forbidden and I agree to not partake in any:
Leaseze is under no obligation to edit or control User Data that you transmit, and will not be in any way responsible or liable for User Data or your use of it. Subject to the rights granted to us in this Agreement, you own all of your User Data and any intellectual property rights associated with your User Data.
Leaseze reserves the right, in its sole discretion:
a. to refuse to list any person, individual, Listing Party, applicant or other user;
b. to screen any listing, and to edit the content of any listing; and
c. to delete from any listing or edit any falsehoods, inconsistencies, offensive material or any material that infringes third party rights or that is otherwise in breach of these Terms.
You acknowledge that Leaseze has no obligation to do any of these things.
Even after you remove information from your profile or delete your account, we may retain certain information to prevent identity theft and other misconduct even if deletion has been requested. Removed and deleted information may persist in backup copies indefinitely, but will not be available to others.
Upon registration, the Landlord will be required to provide registration information, which will include information such as the Landlord’s full name, primary phone number, alternative phone number, email address, emergency contact information, credit card payment information, and other relevant information related to such Landlord (the "Landlord Registration Information"). During the time that the Landlord uses the Services, Landlord shall keep all Landlord Registration Information up-to-date and accurate.
Once registered, Landlord may add a rental unit, and if desired, create a listing that includes information about the unit, such as the unit type, building name, street name and cross street, address, package delivery location, amenities, rent amount, and security deposit (the "Unit Information"). Landlord may choose to use the Service to broadcast the Unit Information to third-party marketing sources (such as Hotpads via XML).
Once the Tenant has viewed the rental unit and is ready to submit an application to the Landlord, Landlord creates a new application through the Service. As part of this process, the Tenant will be invited to fill out a rental application on the selected rental unit. This application will include information such as the Tenant’s full name, primary phone number, alternative phone number, email address, emergency contact information, past addresses, prior landlord contact information, whether the Tenant has pets, vehicle information, employment history, current income information, and other relevant information related to such potential rental unit (the "Tenant Application Information"). Once tenant has completed the rental application on the selected rental unit, he will authorize the Landlord to view the application on the Website, including all Tenant Application Information.
Upon completion of the application, Tenant will be required to provide personal information ("Background Check Information") and authorize the Landlord and Leaseze to access his Nationwide Criminal History Check and Credit Report/Score (the "Background Check"). Tenant will leave the Website and be redirected to a third-party service provider’s site to authorize and complete the Background Check. Leaseze has no control over the contents of such third-party site or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If Tenant decides to access any of the third party websites linked to this Website, Tenant does so entirely at your own risk and subject to the terms and conditions of use for such websites. Once the third-party service provider has completed the Background Check, it will be available on the Website, via a secure API, for Landlords to view until the Landlord rejects such Tenant’s application or until the Landlord and Tenant enter into a lease with respect to the rental property, whichever date is earlier.
Once the Landlord has received the Tenant Application Information and Background Check, Landlord shall either accept or deny such Tenant application on the Website.
Landlord represents and warrants that he has read and accepted Leaseze’s Fair Housing Policy and is in compliance with all federal and state laws in his decision to accept or deny a Tenant for a particular rental property and is any postings and Unit Information. Landlord further represents and warrants that all information provided on the Service, including, without limitation, the Unit Information, is true and accurate and does not violate any federal, state, local or international law or regulation. Tenant represents and warrants that all information provided on the Services, including, without limitation the Tenant Application Information and the Background Check information, is true and accurate and does not violate any federal, state, local or international law or regulation. Users acknowledge that Leaseze does not verify the identity or accuracy of any User information provided on the Services nor does Leaseze warrant the accuracy, completeness or usefulness of any of the information provided on the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Once a Landlord has accepted an application for a rental unit, Landlord may use the Services to generate a lease based on Landlord’s already-existing lease template or design a template from a set of options provided on the Website. Once the lease template is acceptable, Landlord submits the lease template on the Website and Leaseze will populate the lease with Tenant-specific information provided by Tenant in the Tenant Application Information. Landlord will then have the option to review the lease and send it to the Tenant. The lease will be sent to Tenant for review. Tenant may sign an acceptable lease on the Website or submit comments or changes to Landlord for review. Once Tenant has signed the lease on the Website, Landlord will have the option to countersign on the Website, and the fully-executed lease will be available for both Users to view through the Services. Each User represents and warrants that he has the full right, power and authority to enter into any lease signed using the Services and that the lease constitutes a binding agreement of such User. Any disputes between Landlord and Tenant with respect to the lease must be resolved outside of the Services and Website. Leaseze does not have control of or assume any liability for actions of Users on the Service, including, but not limited to the content of any lease agreements.
Within seventy two (72) hours of a Tenant moving into a rental unit, Tenant must submit the move-in checklist on the Website. Tenant may upload photographs and/or videos in connection with the move-in checklist to show prior damage or make a maintenance request to Landlord.
At the end of a lease, within thirty (30) days, Landlord must complete a move-out checklist for the unit on the Website. The move-out checklist will document any damage to the unit attributable to the Tenant that will be netted against Tenant’s security deposit, if a security deposit was collected by Landlord. Tenant will be able to view an itemized list of damages on the Website, along with an estimate of the cost to fix the damage.
Any disputes between Landlord and Tenant with respect to damages to a unit or security deposits must be resolved outside of the Services and Website. Leaseze does not have control of or assume any liability for actions of Users on the Service, including, but not limited to the use of the unit or the assessment of damages to a unit. Leaseze does not guarantee security deposits. We do not warrant the accuracy, completeness or usefulness of any of the information provided on the move-in or move-out checklist. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents
Tenant will be charged a fee for each Background Check initiated on the Service.
In some instances, Tenant will be charged up tp $3.00 convenience fee until the 3rd of the month, on dates of the 4th and 5th $10.00 per transaction on any Tenant Payment made through ACH.
For payments you believe were improperly made, Leaseze may, in its sole discretion, void, rescind, or issue a credit for your Tenant Payment made through the Service at any time prior to the remittance of such Tenant Payment to your Landlord. If a payment dispute arises after payment is forwarded to your Landlord, the responsibility to settle the dispute rests with you and the Landlord.
Users acknowledge that Leaseze does not verify the identity or accuracy of any User or any information User supplies on the Services or Website. Any other information presented on or through the Website, including, but not limited to material presented on our blog, information in Rent Roll Reports, or information in Cash Flow Reports is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of the User information or any other information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
PAYMENT ACCOUNT. To use the Rent Payment Service, each AR Subscriber and Vendor must enter on the Web Site the bank routing number and bank account number for one or more bank accounts (each a "Payment Account"). When you enter Payment Account information, (1) you represent that you have authority to disclose the Payment Account information and to bind the Payment Account holder, (2) the Payment Account holder authorizes the initiation of debit or credit entries to the Payment Account in accordance with instructions input on the Web Site and, if necessary, the initiation of adjustments for any transactions debited in error, (3) you and the Payment Account holder acknowledge that transactions initiated to the Payment Account must comply with the provisions of U.S. law, and (4) this authorization will remain in effect until the Payment Account holder notifies Leaseze Customer Support on the Web Site or in writing to cancel it in such time as to afford Leaseze the opportunity to act on it, and (5) neither you nor the Payment Account holder will use the Service for personal, family, or household purposes except in connection with an accounting, bookkeeping, or other advisory business.
VERIFICATION. Neither you nor any Subscriber, Customer, or Vendor may participate in the Rent Payment Service if Leaseze cannot verify your, the Subscriber’s, the Customer’s or the Vendor’s (as applicable) identity, financial condition, creditworthiness or other necessary information. You authorize Leaseze, directly or through third parties, to make any inquiries they consider necessary to validate your, the Subscriber’s, the Customer’s and the Vendor’s respective identities, financial condition and creditworthiness. This may include asking for further information, requiring steps to confirm ownership of email addresses and Payment Accounts, ordering a credit report and verifying information against third party databases or through other sources. In addition, you, the Subscriber, the Customer and the Vendor each agree that Leaseze has the right to obtain financial information regarding the Payment Account from a financial institution or from anyone you pay or are paid by through the Service (for example, to resolve payment posting problems or for verification). Notwithstanding any steps taken to verify information hereunder, you hereby represent and warrant that you have the right, power and authority to conduct and authorize transactions you make pertaining to any Payment Account and that all information you provided on the Web Site is complete, accurate and up to date.
PAYMENT PROCESSING. You agree that electronic payment transactions will be governed by the Automated Clearinghouse ("ACH") rules as in effect from time-to-time, under which the AP Subscriber or Customer is an "Originator", the AR Subscriber or Vendor is a "Receiver", Leaseze is a "Third Party Service Provider," and the bank that holds Leaseze’s master bank account is the "Originating Depository Financial Institution." Please see www.nacha.org. (NACHA - The Electronic Payments Association, develops operating rules and business practices for the ACH Network and for other areas of electronic payments.)
Leaseze reserves the right to debit a Receiver’s account if the ACH debit from an Originator’s Payment Account is returned because of insufficient funds or any other reason. The Originator shall be solely responsible for all penalties, interest charges, late payment fees and service fees resulting from such a debit to the Receiver. In some cases, a Customer may reverse a transaction for up to 180 days after it settled, or an transaction may be invalidated for fraud or some other reason, in which case the funds will be removed from the Receiver’s Payment Account long after initial deposit. You agree at all times to maintain sufficient funds in your Payment Account to satisfy all obligations including returns, reversals, and associated fees, and to add funds immediately if Leaseze notifies you that your funds are insufficient.
Leaseze may, in its discretion, contact a tenant or landlord regarding any payments to be made, or payments made, by the tenant for any reason.
Leaseze reserves the right to make use of third parties to provide Rent Payment Service. Leaseze may, in its discretion, impose limits on the amount of money sent through the Rent Payment Service and may change those limits from time to time without notice to you. These limits may apply per transaction; per AP Subscriber, AR Subscriber, Vendor, or Customer; or on a cumulative basis to any of the foregoing.
In recognition that banks do not make funds available immediately upon check deposit, and credit card processors do not make funds available immediately to merchants on the transaction date, each AR Subscriber agrees that as between it and its respective Customers, that payments via the ACH will be deemed to have been received on the payment date selected by the Customer for the purposes of determining whether the Customer has made timely payment of an Invoice.
PAYMENT REVIEW. Leaseze reviews all payments for risk and for compliance with the law. At any time, a payment processed through your Payment Account may be reversed.
These General Terms and Conditions apply to users of any component of the Service and to the Bill Payment Service, except where otherwise expressly noted below.
PASSWORDS AND SECURITY . You shall not give or make available passwords or other means of accessing the Web Site to any unauthorized individuals. If you give someone your email and password, you are authorizing that person to use the Web Site, and you any person or organization for which you act are responsible for all transactions that person performs, even if you did not want them performed, and even if they are fraudulent. For your protection, sign off after every Leaseze session and close your browser. You must notify Leaseze’s Customer Support immediately upon any suspicion that a password has been lost or stolen or that someone has attempted or may attempt to make payments or otherwise use the Web Site without authorization. Leaseze will not have any liability to you for any unauthorized payment or transfer made using your password that occurs before you have notified Leaseze of possible unauthorized use and we have had a reasonable opportunity to act on that notice. Accordingly, you should log into your Leaseze account regularly and review your transaction history for unauthorized transactions or access. By using the Web Site, you acknowledge and agree that this Agreement sets forth security procedures that are commercially reasonable. You agree to be bound by transactions initiated in compliance with these procedures, whether or not authorized, unless you have given us prior notice of possible unauthorized use as described above and we have had a reasonable opportunity to act on such notice.
CONSENT TO ELECTRONIC DISCLOSURES. You agree that Leaseze, on behalf of itself and third parties who administer services you choose, may send the following to you by email or by posting them on the Web Site: this Agreement, including legal disclosures; future changes to this Agreement; Leaseze’s Privacy Policy; and other notices, legal communications or disclosures and information related to the Service or the Rent Payment Service (the "Communications"). You consent to receive these Communications electronically. You agree to notify us promptly if your email address changes. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Service and the Bill Payment Service.
If a Tenant Payment is rejected for NSF, Leaseze will be notified within three (3) business days, and Leaseze will notify the Landlord and Tenant of the rejection and the related NSF fee within one (1) business day of our notification that the payment was rejected. It will be the Tenant’s responsibility to initiate a new ACH transaction or to make the Tenant Payment in some other manner and pay Leaseze the NSF fee. It will be the Landlord’s responsibility to assess a late Tenant Payment fee, if any, to Tenant. Tenant will be required to pay the NSF fee, and any late fees assessed by the Landlord, on or before the initiation of any new ACH transaction through the Website. If Tenant does not pay the NSF fee via ACH within sixty (60) days of the notification of such NSF fee, Tenant hereby authorizes Leaseze to charge Tenant’s credit card on file for the amount of the NSF fee. If Tenant does not have a current credit card on file and fails to pay the NSF fee within the sixty (60) day period referred to above, Landlord hereby authorizes Leaseze to charge Landlord’s credit card on file for the full amount of the NSF fee.
During the time that the Tenant makes Tenant Payments to the Landlord through the Services, both Parties agree to ensure that all bank account, ACH information, and credit card information up-to-date and accurate.
Either User may cancel the ACH payment feature at any time by contacting [email protected], as long as a current ACH transaction is not in process. If a current ACH transaction is in process, such transaction will be finalized before Leaseze disables this feature of the Service.
LEASEZE IS NOT A COLLECTION COMPANY AND IN NO WAY GUARANTEES PAYMENT BY TENANT NOR DOES IT INHERIT THE RISK ASSUMED BY ANY PARTY IN RELATION TO ANY TRANSACTION PERFORMED THROUGH THE SERVICE.
Leaseze is based in the State of California in the United States and use of Services is limited to persons and entities inside the United States. Leaseze provides this website and the Services for use only by persons or entities physically located in the United States. We make no claims that the Services, website or any of its content is accessible or appropriate for use outside of the United States. Access to the Services or website may not be legal by certain persons or in certain countries. If you access the Services or website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
LIMITED WARRANTY FOR THE SERVICE. Leaseze warrants to each Subscriber that the Service will perform substantially in accordance with the description on the Web Site. If the Service does not conform to the foregoing warranty, Leaseze shall use commercially reasonable efforts to correct the Service. If Leaseze is unable to correct the Service using commercially reasonable efforts, Subscriber’s sole and exclusive remedy shall be to stop using the Service and cancel the Leaseze account by notifying Leaseze Customer Support.
WARRANTY DISCLAIMER. THE SERVICE IS PROVIDED "AS-IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION OF WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE. LEASEZE DOESN NOT WARRANT THAT THE SERVICE IS COMPLETELY SECURE OR IS FREE FROM BUGS, INTERRUPTIONS, ERRORS, OR OTHER PROGRAM LIMITATIONS, OR THAT ALL ERRORS WILL BE CORRECTED. LEASEZE FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LEASEZE OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT SHALL LEASEZE BE LIABLE TO YOU OR SUBSCRIBER FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, OR OTHER ECONOMIC LOSS, WHETHER OR NOT LEASEZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. LEASEZE WILL NOT BE LIABLE FOR ATTORNEYS’ FEES, EXCEPT AS REQUIRED BY LAW.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT SHALL LEASEZE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE AGREEMENT OR THE SERVICE EXCEED THE TOTAL FEES PAID TO LEASEZE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENTS THAT GAVE RISE TO SUCH LIABILITY, REGARDLESS OF THE FORM OR THEORY OF THE CLAIM OR ACTION.
INDEMNITY. Except as may be limited by applicable law, you and Subscriber agree to indemnify and hold Leaseze, its vendors and distributors (and their respective officers, directors, employees and representatives) harmless (including payment of reasonable attorney's fees) against any and all liability to third parties arising out of, or in connection with, your or Subscriber’s use of the Service or the Rent Payment Service, any actions taken by Leaseze pursuant to your or Subscriber’s instructions, or your or Subscriber’s breach of this Agreement.
ACKNOWLEDGEMENT. The parties acknowledge that the limitations and exclusions contained in Section 6 and elsewhere in this Agreement represent the parties’ agreement based upon the perceived level of risk associated with their respective obligations under this Agreement and the Service Fees paid hereunder. Without limiting the generality of the foregoing, the parties acknowledge and agree that (a) the provisions hereof that limit liability, disclaim warranties or exclude consequential damages or other damages or remedies shall be severable and independent of any other provisions and shall be enforced as such, regardless of any breach hereunder, and (b) all limitations of liability, disclaimers of warranties, and exclusions of consequential damages or other damages or remedies shall remain fully valid, effective and enforceable in accordance with their respective terms, even under circumstances that cause an exclusive remedy to fail of its essential purpose. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, LIABILITY OR CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Riverside and Riverside County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver by Leaseze of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Leaseze to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Leaseze, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
CHANGES TO AGREEMENT. Leaseze reserves the right to modify the terms and conditions of this Agreement and its policies relating to the Service at any time, in its sole discretion. Leaseze will post the revised terms and conditions of the Agreement or policies on the Web Site and provide notice in advance of the effective date of such changes ("Amendment Date"). If the revised terms and conditions or policies are not acceptable, your sole and exclusive remedy shall be to stop using the Service and to cancel your account through the Web Site or by notifying Leaseze Customer Support prior to the Amendment Date. Continuing to use the Service and failing to cancel your account after the Amendment Date constitutes acceptance of the revised terms and conditions of the Agreement. Except as expressly provided herein, this Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each party.
GENERAL. The Agreement and all matters arising out of or relating to the Agreement shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding relating to the Agreement shall be brought exclusively in the state or federal courts located in the Southern District of California. You, Subscriber, and Leaseze hereby agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, those courts in any such legal action or proceeding. The United Nations Convention on Contracts for the International Sale of Goods will not apply. The waiver of any default or breach of the Agreement shall not constitute a waiver of any other or subsequent default or breach. Except as expressly set forth in the Agreement, the exercise of any remedy under the Agreement will be without prejudice to other remedies available under the Agreement or otherwise. In the event any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect. You, Subscriber, and Leaseze each agree to comply with all applicable laws and regulations with respect to its respective activities hereunder, including without limitation any export laws and regulations of the United States. Nothing in the Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties. The Agreement is intended for the sole and exclusive benefit of the parties thereto and is not intended to benefit any third party. The Agreement constitutes the complete and exclusive agreement between the parties concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning such subject matter. The headings in the Agreement are for convenience of reference only and have no legal effect. You may not assign or transfer the Agreement, in whole or in part, without Leaseze’s written consent. Leaseze may assign its rights or delegate its obligations hereunder without consent. Subject to the foregoing restrictions, the Agreement shall inure to the benefit of the successors and permitted assigns of the parties.