Leazzer Terms of Use As Amended July 15, 2016 The following Terms of Use (the “Terms”) shall apply when Users view, use, or make
purchases through Company Services. Please review the Terms carefully. By accessing
or using the Services, you signify your agreement to these Terms. If you do not agree to
these Terms, you may not access Leazzer Services. These Terms shall include Leazzer’s
Privacy Policy, which is incorporated by reference in these Terms.
Definitions
A. “Leazzer” and “Company” shall refer to the company SGW Investments, LLC a
limited liability company d/b/a Leazzer, organized under the laws of Texas, which
provides a peer-to-peer, business-to-peer, business-to-business, and peer-to-
business Internet-based platform to rent consumer goods and services;
B. “User” shall refer to any person or entity accessing, using, viewing, or renting
through Leazzer Services;
C. “Peer User” shall refer to any person who wishes to rent their consumer goods or
services, or rent others’ consumer goods or services;
D. “Business User” shall refer to any business who wishes to rent their consumer
goods or services, rent others’ consumer goods or services, or rent out other
peers’ or business’ consumer goods or services;
E. “Terms” shall collectively refer to these Terms of Service inclusive of the
Copyright Policy, and the linked Privacy Policy; and
F. “Services” shall collectively refer to all services offered by Leazzer including, but
not limited to, access to its website and mobile application, online products and
services, services from Peer and Business Users, downloadable products, any and
all services, and ability to rent consumer goods and services.
Changes to Terms of Service and Notices Leazzer may modify the Terms at any time, under its discretion. Should there be any
material changes to the Terms, Users shall be notified with a one (1) month notice prior
to the effective date of the new terms. It shall be posted on Services and on the Company
mobile application if applicable. At the beginning of each set of Terms, the effective date
shall be posted. Users agree the continued access of Services after the effective date,
warrants their acceptance to the modifications.
Special Notices
Users are solely responsible for understanding all the laws in all the jurisdictions in which
they reside and offer services. Some jurisdictions have laws with restrictions on rental of
certain facilities or accepting guests. This may include restrictions as to zoning, permits,
or an absolute prohibition. Users are solely responsible for any fees or punishments
incurred, and shall not hold Company liable under any circumstances.
Leazzer Services Overview Leazzer is an internet-based platform that allows peer-to-peer, business-to-peer, business-
to-business, and peer-to-business rental of consumer goods and services. Leazzer
operates a website and mobile application that allows Users to list their goods to be
rented by other Users. Leazzer does not rent these items, but acts as a technological
intermediary to connect Users who need certain goods for a specified period of time with
other Users who own such items and are willing to rent them to other Users.
Service Eligibility In order to use Services, with the exception below, Users must be 18 years old, or older,
and have the requisite power and authority to accept these Terms. If one is under 18 years
of age, such person is strictly prohibited from using Services. People, businesses, or
otherwise, may not access Services if they have been previously banned from Services. If
you are using Services on behalf of a company, entity, or organization, then you represent
and warrant you are: an authorized representative of such organization; have the requisite
authority to bind the organization to these Terms; and agree to be bound by these Terms
on behalf of such organization.
1.
Vehicle Exception to Service Eligibility. Leazzer has a differing age policy when
its Services are used by Users to rent, or rent out, motor vehicles. The primary
renter of the vehicle must be 25 years old, or older. Certain vehicles, which are
determined from time to time by Leazzer, may not be rented out by young
persons. These are subject to change at the sole discretion of Leazzer, may
include, but are not limited to, Luxury, Specialty Minivans, Passengers Vans,
Full-Size SUVs, and Premium SUVs. Users shall be aware that some jurisdictions
have in place differing age limits for motor vehicle rental and Leazzer fully defers
and adheres to local regulations where applicable. Leazzer reserves the right to
refuse the right to allow the rental of a vehicle at its own discretion.
Service Permission Leazzer grants Users permission to use Services subject to all restrictions set out in these
Terms. Use of Services is at User’s own risk, including the risk of exposure to offensive,
indecent, inaccurate, objectionable, or otherwise inappropriate content.
Service Availability Leazzer provides Services to Users, and Services may be interrupted, suspended, un-
secure, modified, updated, discontinued, or unavailable in particular locations. This may
happen without notice from Company, and Company shall not be held liable for any
problems regarding Services availability. Currently, Leazzer offers its mobile application
on multiple mobile device application platforms.
User Accounts Users must create an account on Company’s Services (the “User Account”) and provide
personal information for its creation. Business Users may be required to enter more
information than Peer Users. For details on information collected in the creation of a
Leazzer User Account, please see Leazzer’s Privacy Policy located on its website. The
ability to post goods or services for rent takes place in Users’ accounts. Also, Users will
have the ability to read other Member profiles, and post ratings regarding their rental of
goods and services. Users are solely responsible for remembering and maintaining the
security of their User names and passwords. Should any User fail to remember their
username or password, they are able to enter their e-mail address in order to receive their
username and reset their password. User must notify Leazzer of any unauthorized access
to User Accounts.
Leazzer may suspend, terminate, modify, or delete User Accounts, with or without
notice, to Users, at any time and for any reason. Users are required to provide complete
and accurate information in the creation of their User Accounts. Users are expressly
prohibited from creating names with false information, false names, false business names,
or creating multiple User Accounts. Through the registration of a User account, Leazzer
may request a consumer report from Users from a Consumer Reporting Agency.
Users may delete their Account, Account Content, and all other Account information, at
any time, by sending an email to Leazzer to the address below with the following subject
line:
To: admin@leazzer.com
Subject: User Account Termination
Communication and Data Retention Users may receive emails from Company and other Users regarding communications in
connection with Leazzer Services. Leazzer, may collect highly sensitive information
(“HSI”) including but not limited to: User financial information (indirectly via third party
processing companies), email addresses, passwords, and usernames. Further information
regarding HSI may be found in the Privacy Policy. Leazzer will keep HSI for the shortest
possible duration that is reasonably necessary in order to carry out the task for which it
was collected. Furthermore, any and all data and communications shall be retained to
minimally meet any applicable legal or ethical reporting or document retention
requirements.
Leazzer Intellectual Property
Leazzer owns all intellectual property connected to Services, including but not limited to
its website, applications, or otherwise. This shall include visual interfaces, graphic
design, website design, logo, application development, interactive features, compilation,
technological code, software, Company hardware, and any method of compiling or
analyzing Users’ Content. This shall be considered Company intellectual property, which
is protected worldwide by copyrights, trademarks, trade secrets, and any other applicable
intellectual property rights. These rights shall apply to property now existing or that
which is created in the future by Leazzer. User may not copy, reproduce, distribute,
create derivative works of, publicly display, publicly perform, republish, download, store
or transmit any of Company content on Services. Such unauthorized use may violate
copyright, trademark, and communication regulations.
Leazzer shall be able to use any ideas or suggestions made by Users in their Company
Services, if Company chooses to do so. User is not entitled to any remuneration of any
kind, under any circumstances, for such information. Any submitted suggestion shall
provide Leazzer with complete ownership and any intellectual property rights arising
therefrom. Leazzer shall be entitled to unrestrictive use of such information.
Privacy Policy By using Company Services, Users hereby agree to the Leazzer’s Privacy Policy which
may be found on the Company’s website.
Copyright Policy The following Copyright Policy (the “Policy”) explains how Leazzer respects the
intellectual property rights (the “IP Rights”) of others and describes Leazzer’s policy
concerning rules and regulations of its Company and Services. If anyone believes their IP
Rights have been infringed, please contact Leazzer with contact information found in the
Contact Information Section located at the end of this Policy.
A. Changes to Policy. Leazzer may modify this Policy at any time, under its
discretion. Should there be any material changes to the Policy, Users shall be
notified with a seven (7) day notice prior to the effective date of the new policy. It
shall be posted on Services and on the Company mobile application. At the
beginning of each set of Policies, the effective date shall be posted. Users agree
the continued access of Services after the effective date, warrants their acceptance
to the modifications.
B. Prohibitions. Leazzer prohibits Users from uploading, posting, transmitting, or
otherwise making available, any content that violates any IP Rights of any person,
company, or otherwise. This prohibition shall apply to any of Company Services
including websites, web pages, applications, widgets, blogs, social networks, or
otherwise. Any violations of US Copyright Law, shall subject offenders to its
penalties to the fullest extent allowed under law. Leazzer reserves the right to
terminate any User who is in violation of IP Rights of other users, persons,
company, or otherwise. Leazzer requests Users adhere to these same policies.
Pursuant to the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) (the
“DMCA”) and US Copyright Law. Leazzer may terminate Users’ access to
Services, and use thereof, if Company deems User is repeatedly infringing the IP
Rights of another User, person, company, or otherwise. Leazzer is not responsible
for any errors in web based material and shall not be liable for any damages
arising from the use of such material found on Leazzer’s website.
C. DMCA. The DMCA and US Copyright Law provides the framework for owners
of IP Rights who believe their material that is appearing in public infringes their
IP Rights under US Copyright Law. It is Leazzer’s policy to respond to all notices
and counter-notices that are in conformity with the requirements under 17 U.S.C.
§ 512(c)(3)). Notices and counter-notices must meet the then-current statutory
requirements imposed under the DMCA. Please visit
www.copyright.gov for up
to date details of current DMCA legislation.
a. Take-Down Notices. If one believes their IP Rights have been infringed
upon by any materials in Leazzer’s Services, such person may submit a
notification pursuant to the DMCA (17 U.S.C. §512(c)(3)) by sending a
properly formatted take-down notice to Company at the address in Contact
Information Section. Please include all required information, including:
i. The electronic or physical signature of the owner of the copyright
or a person authorized to act on the owner’s behalf;
ii. In sufficient detail, provide the copyrighted work that you claim
has been infringed. If multiple copyrighted works on the websites
are covered by a single notification, you may provide a
representative list of such works on the websites; however, the
representative list must still contain sufficient detail of the
copyrighted works so that we can identify them;
iii. The URL or other specific location on the websites that contain the
material that you claim to be infringing your copyright. You must
provide us with reasonably sufficient information to enable us to
locate the alleged infringing material, so that we can comply with
your request to remove or deny access;
iv. Your name, address, telephone number, and email address;
v. A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
vi. A statement that you swear under penalty of perjury that the
information contained in your notification is accurate and that you
are the copyright owner or that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
b. Response to Take-Down Notices. Leazzer shall take response to such
DMCA notice, and will make a good faith attempt to contact any party
believed to have infringed the IP Rights of another. DMCA infringement
notices may be forwarded to the party who originally made the alleged
infringed content available on Services.
c. Counter-Notices. If you believe in good faith that your own copyrighted
material has been removed from Services as a result of a mistake or
misidentification, you may submit a written counter notification letter to
Company pursuant to the DMCA (17 U.S.C. 512(g)(2-3)). If a counter-
notice is received by Leazzer, Company may send a copy of such counter-
notice to the original complaining party that Company may reinstate the
removed content. Unless the alleged IP Rights holder files a court action
against the party that provided the counter-notice, the removed content
may be reinstated on Company’s Services. Counter-Notices require the
following information:
i. Your physical or electronic signature;
ii. Identification of the material that has been removed or disabled,
and the location at which the material appeared before it was
removed or disabled;
iii. A statement under penalty of perjury that the subscriber has a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or
disabled;
iv. Your name, address and telephone number; and
v. A statement that you consent to the jurisdiction of the Federal
District Court in which your address is located, or if your address
is outside the United States, that you consent to the jurisdiction of
the United States District Court for the Western District of Texas
and a statement that you will accept service of process from the
party, or party’s agent, that filed the notification of alleged
copyright infringement.
D. Contact Information. Should you require any further information regarding these
policies, please contact:
Leazzer
9900 Spectrum Dr.
Austin, TX, 78717
832-381-0817
Email: admin@leazzer.com
Subject: “Copyright Policy – DMCA Notification”
This contact information is for DMCA purposes only. Any other inquiries to the
DMCA Agent will not be answered. Any material misrepresentations regarding
copyright violations may subject complainant to court costs and attorney fees.
Prohibited Conduct User hereby agrees, while using Services, certain restrictions exist concerning which type
of transactions Users may engage in with other Users on Company Services. All of the
following transactions are expressly disallowed on Company’s Services. If Users are
found to be conducting any of the following transactions, all User accounts associated
with the transaction will be immediately deleted, and User may face any and all criminal
and civil penalties applicable to the illegal transaction. The following Services are strictly
not allowed on Services:
A. Any transaction that involves a violation of any and all federal, state, county,
local, or municipality law;
B. Under no circumstances may a User contract with another User for the delivery of
alcohol, even if both Users are above the legal age in the jurisdiction(s) in which
the transaction takes place;
C. Under no circumstances are Services to be used by one User to contract with
another User that involves in any way whatsoever, any minor User or minor third
party to obtain access to alcohol;
D. Under no circumstances are Services to be used by one User to contract with
another User in such a way that involves the purchase, use, delivery, or otherwise,
of any illegal substance, including any controlled substance, street drug, narcotics,
prescription drug (even with a prescription), or otherwise;
E. Under no circumstances may Users contract with other users in any way that
could be considered dating, or any similar service or act;
F. Under no circumstances may Users contract with other Users in any way that
would be construed as prostitution, or for the transaction of providing sexual acts
or favors for any payment or bargained for exchange of any kind;
G. Under no circumstances may Users contact with other Users in any way that
involves the use, rental, or otherwise, of anything that can be defined, described,
or used as a weapon; and
H. Under no circumstances are Users permitted to contract with other Users for
professional services, examples include but are not limited to: accounting, legal,
or medical services.
Users hereby agrees not to post or upload any of the following prohibited Content:
A. Content known by User to be false, misleading, or Content that encourages or
promotes illegal activity;
B. Content that is abusive, threatening, obscene, defamatory, or libelous;
C. Content that harasses any other User, person, business, or person, in any way;
D. Content that violates another person’s intellectual property rights;
E. Content that solicits any private information, including passwords, or personal
identification information;
F. Content that is offensive to any User, person, or business, including, but not
limited to: racism, bigotry, hatred, physical harm of any kind against any group,
minority, or individual;
G. Content promoting any business venture of the User, person, business, or
otherwise;
H. Content used to solicit information from minors or other protected classes;
I. Content involving the transmission of junk mail, chain letters, or unsolicited mass
mailing; or
J. Content displaying obscene, pornographic, or sexually explicitly material, of any
kind.
User hereby agrees, while using Services, not to commit any of the following actions:
A. Upload content or any information that could damage, disable, overburden, or
impair any of Leazzer’s servers or networks;
B. Attempt to gain any unauthorized access to other Users’ account, Leazzer
computer networks, systems or infrastructure, by any means;
C. Attempt to gain access to other Users’ accounts, for any reason;
D. Use data mining, robots, or other data gathering devices on or through Services;
E. Frame or link to the Services without express permission;
F. Attempt in any way to reverse engineer, decompile, interrupt, or disassemble, any
part of Services or its security features;
G. Modify, distribute, reproduce, copy, adapt, or create any derivative work in any
way, of Service;
H. In any way restrict other Users or persons from gaining access or creating
accounts;
I. Use any technology or tool that automatically retrieves, alters, or combines
Company content or Services;
J. Reverse engineer any content, Services, website, or application of Company and
its Users;
K. Breach Leazzer rights regarding intellectual property rights, or otherwise; or
L. Use the Services or content to transmit any computer viruses, Trojan horses,
worms, or otherwise, that could potentially cause any damage to software or
hardware of Users or Company.
Member Conduct, Safety, and Suggestions Leazzer encourages its Users to practice safe and reasonable procedures when carrying
out transaction on its Services. Leazzer wishes to ensure its Users are kept safe, and its
services remain professional. Therefore, Leazzer strongly suggests that Users:
A. While using Company Services online:
a. Do not violate any terms under Prohibited Conduct;
b. Be respectful to other Users;
c. Practice proper language;
d. Practice appropriate behavior;
e. Do not harass other Users; and
f. Do not act in any way that could be considered offensive.
B. When Meeting someone in person:
a. Meet in a public place such as a café, restaurant, or shopping center;
b. Do not meet in a secluded place;
c. Meet in a safe place;
d. Do not meet someone at your home;
e. Inform a relative or friend of the meeting place, time, and expected time of
return;
f. Take a cell phone with you;
g. Do not meet others alone;
h. Do not meet others at night;
i. Take extra precaution when renting items of high value; and
j. Trust your instincts.
For more information, please visit:
http://www.staysafeonline.org
Users are strongly encouraged to take “before and after” pictures of any product or place
rented through Leazzer, or any other reliable form of documentation of the condition of
rented items through Leazzer Services. When taking “before and after” photos, Leazzer
strongly encourages Users to use a smartphone, digital camera, or other similar device
that utilizes date stamping on the photos.
Reporting Misconduct Should any User feel any level of dissatisfaction with any rental through Leazzer,
including but not limited to all provisions in Prohibited Conduct above, has the right to,
and where necessary, encouraged to contact the relevant law enforcement authority. If
such action is taken, Users are further encouraged to provide any legal documentation to
Leazzer. However, all duties and responsibilities regarding any investigation and
punishment are wholly outside Leazzer’s control and obligation.
Purchases and Payment Processing/Fees All payments between Users and Users for goods and services rented shall be paid
through a third-party processor PayPal, Stripe, Google Pay, Apple Pay (the
“Third Party Payment Processers”). Leazzer reserves the right to add or remove
alternative payment processing services in the future. Third Party Payment Processers
charge their own fees separate of that from Leazzer. For their fees and Terms of Service,
please visit the relevant Third Party Payment Processer website.
Leazzer Fee Leazzer charges a commission from each transaction between Users. Such transaction fee
shall be made at the sole discretion of Company, and shall be subject to change.
Currently, Leazzer charges a flat fee of fifteen percent (15%) of the total rental price of
each User to User transaction. Users are free to set their own rates.
Customer Dissatisfaction Process As previously mentioned, Users will have the ability to rate their experiences with other
Users on Leazzer’s Services. This will be in the form of a one-click survey that allows
the relevant User to rate the owner of the good or service rented and a comments section
to enter text. These ratings will show on the owning Users’ Account. This is currently the
only process for customer dissatisfaction offered by Leazzer. As Leazzer merely acts as
an intermediary, it does not offer any returns on its services, unless otherwise allowed by
law. For returns, Users are encouraged to contact the owner from whom they rented the
goods or service.
Vehicle Rental Disclosures The following rules and regulations shall apply strictly to all Users who use Leazzer to
rent motor vehicles:
1. Vehicle Rental and Personal Protection. All Users who rent out their vehicles and
Users who rent vehicles are required to provide their own motor vehicle insurance
coverage. This shall include comprehensive and collision protection for the
vehicle, as well as liability insurance for bodily injury and property damage.
Leazzer does not provide such coverage, and shall not be liable for any failure of
a User to hold and retain such coverage.
2. User Responsibilities. Renting Users are solely responsible for any damage,
losses, or other liabilities arising from the rental of the owners’ vehicle,
equipment, good, or service. Users hereby acknowledge they are primarily liable
for such financial occurrences should they arise. Users are solely responsible for
assessing their capabilities in any item they rent to use. Leazzer shall not be
responsible should a User experience any loss, of any kind, due to the User’s
inability to properly use any rented good or service.
3. Vehicle Use. Users are only allowed to rent vehicles through Leazzer for personal
use. Any other use is strictly prohibited. This involves using the car for
transportation to work, or as a means of work (i.e. Uber and Lyft). Users must
pickup and return the vehicle on time at the specified locations. Users are strictly
required to use reasonable care and abide by all traffic laws of the jurisdiction in
which they are in, or traveling through. Regardless of local laws, all Users are
strictly required to use safety belts when using vehicles through Leazzer. Should
Leazzer find any of these provisions are being violated, Leazzer reserves the right
to cancel any rental at any time. Any misuse of any vehicle shall subject such
User to all damages arising therefrom.
4. Insurance Coverage. It is Users’ sole responsibility to ensure that whether they are
renting, or renting out, that such vehicle will be covered under their insurance
policy. Leazzer accepts no responsibility for any failure of coverage due to the
fact said vehicle is not covered when being used by Leazzer’s Services.
5. Vehicle Condition. Owning users are strictly required to maintain up to date
registration, insurance, and any applicable emissions or safety testing in their
jurisdiction.
6. Reporting an Incident. Should any User, renting or owning, find any damage to
any vehicle at any time, or encounter any accident or otherwise, they should
immediately contact Leazzer at the specified contact information found at the
bottom of these Terms and contact the vehicle owner. Users are required to
contact the local police in the case of any accident. Users will need to use all
reasonable efforts to secure evidence from any available witnesses and to provide
Leazzer or third party claims administrators with a written description of the
incident and any other information requested, including identity and insurance
information of any parties involved in the incident. Users are strictly required to
cooperate in any investigations that are related to said accidents with any
insurance company or claim administrators.
7. Stolen and Missing Vehicle. It is a felony in most states to steal, misplace, or not
return a rented vehicle after the rental has expired. Users are strongly encouraged
to research the relevant law in their jurisdiction should they have any questions. In
the event a vehicle you have rented through Leazzer becomes missing, the renting
Users must immediately return the key and any other information to the owning
Users, and file a police report.
8. Owning User Maintenance. Any person who owns or has possession of a vehicle
and rents it through Leazzer is strictly required to routinely check their vehicle
and conduct any and all necessary maintenance to ensure the safe operation of the
vehicle. All vehicles must continue to be in safe operable condition, and in
compliance with any and all laws and regulations of the jurisdiction within which
it is registered.
Limited Liability and Disclaimers The following information applies to the maximum extent permitted under law. User
rights are not limited beyond those they are rightfully entitled to. By using Company
Services, Users hereby agree to the following Terms, and Users forfeit certain legal rights
they may otherwise be entitled to you. If a User is uncertain of any of the following, it is
suggested they consult a legal professional.
A. Availability. Leazzer provides Services on an “as is” and “as available” basis for
Users’ use. Leazzer does not guarantee Services will be available in any location
for any User, or that Services will always be available at any given time. Leazzer
does not warrant Services will be uninterrupted, timely, error-free, or secure.
Furthermore, it does not warrant any defects will be corrected.
B. Security. Leazzer makes every effort to keep its Services, Content, website, and
application secure. However, Leazzer does not guarantee its website or
applications will be free from viruses or other harmful components Leazzer
accepts no liability for any loss, disruption, or damage incurred by Users to its
data, computer, or software, that is a result of unauthorized access by any person
who has caused a loss due to any data breach or hacking, even if such breach or
hack was the mistake of Company. Users are responsible for taking their own
precautions to ensure the electronic process employed for accessing Services,
website, or application, does not expose them to the risk of viruses, malicious
computer code, Trojan horses, worms, or otherwise, that may interfere, infect, or
damage their computers, software, or data. Furthermore, Leazzer limited liability
shall extend should any Company computer, server, or software malfunction, and
cause any Users any of the aforementioned losses. Leazzer has taken precautions
to prevent any malfunction, however User hereby agrees to accept full liability for
any loss, of any kind, should they occur.
C. Limited Liability Between Users. Company provides Services so Users may
interact with other Users to rent goods and services, and it provides the platform
and ability for User to conduct transactions with other Users. These transactions
are in the form of services for hire on a project basis. These transactions are
strictly between User and another User, and Company is not involved in the
transaction. User hereby assumes all risk and liability in contracting services for
hire with other Users on Company Services. User hereby agrees not to hold
Company liable for any damage or loss arising out of the transaction with other
User, including but not limited to, financial loss, future loss, or loss of business or
opportunity. Company is expressly not liable in the event one User fails to pay
other User for contracted service or transaction. Further, this liability disclaimer is
to include any injury to body of any kind resulting from assault or battery, which
arose from a transaction through Services, whether directly or indirectly
occurring. If User engages in a transaction with another User for the service of
carpooling, ridesharing, vehicle rental, or any other similarly construed service,
User who chooses to ride with another User accepts any and all liabilities of doing
so. Company does not check whether such driver’s have a license, active motor
insurance, whether it is active, or verifies such driver’s personal driving record.
User hereby agrees to release Company from all liability regarding any
ridesharing transaction, and hold them harmless for any injury arising therefrom.
D. Third Party Disclaimer. Users hereby agree to hold third parties solely liable for
any and all claims regarding such transactions with third parties. Any products or
services rented or otherwise acquired by a third party, are separate legal
transactions solely between Users and the relevant third party, and in no way
involve Company.
E. Taxation of Services. Users are solely responsible for assessing their own tax
liability under any and all applicable laws in their jurisdictions that occur as a
result of using Leazzer Services. Company does not offer legal, or taxation
advice. Users are required to obtain their own independent legal counsel or tax
professional should they require these professional services. Should Users be
liable for any taxes, it is Users’ sole responsibility to assess and retain any
amounts from the earnings off Company Services.
F. Insurance Disclaimer. Because Leazzer acts as an intermediary, Company does
not obtain any insurance on any equipment, services, or places for Users. Users
are solely responsible for obtaining their own insurance for any foreseeable or
unforeseeable circumstances that may arise from the rental of its good, service, or
otherwise.
G. Software Updates. Leazzer may make software updates to it mobile application at
any given time. In order to use Services, Users may be obligated to download the
updated version of the applications. Leazzer may choose to make downloading
the updated version of the application a required precedent to continued use of
Services. However, Leazzer makes no guarantees any subsequent version of an
application will work on Users mobile phone or devices. Leazzer is expressly not
liable for any loss incurred due to Users inability to use Services due to the
inability to use an updated version of the mobile application on their specific
mobile device.
H. Third Party Transactions. Leazzer does not warrant, endorse, guarantee, or
assume responsibility for any product or service advertised or offered by a third
party through the Company Service, hyperlink, website, or any of its applications.
Users hereby agree to hold third parties solely liable for any and all claims
regarding such transactions with third parties. Any products or services rented or
otherwise acquired by a third party, are separate legal transactions solely between
Users and the relevant third party, and in no way involve Company.
I. Third Party Sites and Embedded Content. Services may contain links, and
embedded content from, third party websites, as well as services not operated by
Company. Leazzer does not control these services. Linked sites may be provided
as a service to Users, and does not imply any endorsement of the activities or
content of these sites, nor any association with its operators. Users assume any
and all risks, known or unknown, now existing or existing in the future, by
following a link to a linked site.
J. Limited Liability. Users assume any and all risk associated with using Leazzers’s
website, application, or Services. Leazzer, its parents, subsidiaries, affiliates,
owners, directors, officers, employees, licensors, distributors, subcontractors, sub-
licensees, independent contractors, and agents (collectively known as the
“Company Parties”) shall not be liable for any direct, indirect, incidental,
consequential, special, punitive, or exemplary damages, or losses of any kind.
These include without limitation, loss of profits, business, goodwill, use, data, or
other intangible losses, whether based in contract, tort, negligence, strict liability,
or otherwise, which may be incurred in connection with the use, or inability to
use, Services, including interruption, inaccuracy, error, or omission.
K. Disclaimer. Leazzer expressly disclaims all warranties, express or implied,
including but not limited to: implied warranties of merchantability; fitness for a
particular purpose; non-infringement; warranties of title and accuracy; warranties
regarding products and services offered by all businesses listed on Company’s
website; and warranties in the course of dealing, performance or usage of trade.
L. Maximum Liability. Leazzer’s maximum aggregate amount of liability for any
loss or damage a User experiences in Company’s content, Services, website,
application, or otherwise, shall not exceed $100 or the aggregated amount paid by
Users for Company Services in the immediate preceding twelve (12) month
period, whichever is lower.
Miscellaneous
A. Class Action Waiver and Other Restrictions. Arbitration shall proceed solely on
an individual basis without the right for any claims to be arbitrated on a class
action basis or on bases involving claims brought in a purported representative
capacity on behalf of others. The arbitrator's authority to resolve and make written
awards is limited to claims between Users and Company alone. Claims may not
be joined or consolidated unless agreed to in writing by all parties. No arbitration
award or decision will have any preclusive effect as to issues or claims in any
dispute with anyone who is not a named party to the arbitration. Notwithstanding
any other provision in these Terms (including the “Continuation” provision
below), and without waiving either party's right of appeal, if any portion of this
“Class Action Waiver and Other Restrictions” provision is deemed invalid or
unenforceable, then the entire Arbitration Provision (other than this sentence)
shall sever and continue.
B. Indemnification. Users agree to indemnify, defend, and hold harmless, Leazzer
and Company Parties, from and against all: claims; injuries; damages; obligations;
losses; lawsuits; attorney fees; legal fees or filing fees from any and all claims or
demands made by any party related to Users’ use of Service, website, or
applications; violations of these Terms, goods and services purchased; or misuse
of User accounts. Leazzer reserves the right to execute the exclusive defense of
any issues arising out of such indemnification. Users are expressly prohibited
from settling such claims without the prior written Consent of Company.
C. Independent Relationship. Users fully understand and accept in no way do these
Terms, Services, or otherwise, create a joint venture, agency, partnership, or
employment relationship with Company. Leazzer is not liable for any financial or
other loss of Users in any way, on any transaction, under any circumstances.
Users accept use of Leazzer’s Services often involves financial exchange, and the
Leazzer shall bear no liability or responsibility therefore.
D. Integration. Both parties agree these Terms are the complete and exclusive
statement and the mutual understanding of the parties, and these Terms supersede
and cancel all previous written and oral agreements and communications relating
to the subject matter of these Terms. Any waivers or amendments shall be
effective only if made in writing and signed by an agent of the respective parties
authorized to bind the parties.
E. Severability. Leazzer’s failure to exercise, delay in exercising, any privilege, any
power or any rights hereunder will not operate as a waiver thereof, nor will any
single or partial exercise of any right or power hereunder preclude further exercise
of any other right hereunder. If any provision of these Terms shall be adjudged by
any court of competent jurisdiction to be unenforceable or invalid, that provision
shall be limited or eliminated to the minimum extent necessary so that these
Terms shall otherwise remain in full force and effect and enforceable.
F. Termination and Survival. If a User breaches Terms, or any part of the Terms, in
any way, then Company may take action up to, and including, suspending Users’
access to Services or prohibiting them from accessing Company website or
application. Leazzer may take these actions without liability or notice to you. If a
User’s account is terminated due to a breach in the Terms, Users will not be
entitled to any refund of any kind. Furthermore, Users can be barred from any
future use of Services.
The following Sections of these Terms shall survive termination: Communication
and Data Retention; Company Intellectual Property; Privacy Policy; Prohibited
Conduct; Third Party Sites; Independent Relationship; Arbitration Agreement;
Limited Liability and Disclaimers; Class Action Waiver and Other Restrictions;
Indemnification; Exclusivity; Severability; Jurisdiction; Termination and
Survival.
G. Arbitration Agreement. All claims and disputes arising under or relating to these
Terms and Services are to be settled by binding arbitration in the State of Texas or
another location mutually agreeable to the parties. The arbitration shall be
conducted on a confidential basis pursuant to the Commercial Arbitration Rules
of the American Arbitration Association. Any decision or award as a result of any
such arbitration proceeding shall be in writing and shall provide an explanation
for all conclusions of law and fact and shall include the assessment of costs,
expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted
by an arbitrator experienced in commercial arbitration and shall include a written
record of the arbitration hearing. The parties reserve the right to object to any
individual who shall be employed by or affiliated with a competing organization
or entity. An award of arbitration may be confirmed in a court of diction.
H. Jurisdiction. These Terms of Use, and any dispute legal or otherwise arising from
its implementation, shall be deemed to have been made in, and shall be construed
pursuant to the laws of the State of Texas. If any party brings a claim, parties
hereby submit and consent to the personal and exclusive jurisdiction of the State
of Texas.
I. Notice to California Users. Under California Civil Code Section 1789.3, users of
Company Services are entitled to the following contact information: The
Complaint Assistance Unit of the Division of Consumer Services at the California
Department of Consumer Affairs may be contacted in writing or by telephone at:
400 R Street, Suite 1080
Sacramento, California
95814
Telephone: (916) 445-1254, or (800) 952-5210
Contact Information Leazzer
9900 Spectrum Dr.
Austin, TX, 78717
832-381-0817
admin@leazzer.com
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