AGREEMENT BETWEEN USER AND LEASEVILLE.
LeaseVille, its divisions, subsidiaries, and/or affiliates (collectively, “LeaseVille” or “we” or “us”) provide website features and other products and services to you when you (1) visit or shop at any LeaseVille website, (2) use LeaseVille products or services online, through any LeaseVille mobile application, or in any other electronic medium, (3) use any LeaseVille mobile applications, (4) manage your account electronically, make online payments, use promotional offers electronically, enter contests and sweepstakes electronically, manage deliveries electronically, request service electronically, (5) visit or shop at any other website or application owned or operated by us, contact customer service representatives, or (6) use software provided by us in connection with any of the foregoing (collectively, “LeaseVille”). LeaseVille are provided as a service to our customers. Please review these Terms of Service that govern your use of LeaseVille.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH LEASEVILLE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
All orders are subject to additional verification. We may require additional information to verify the information submitted on your order/application. If you are unable to provide the requested information or of the information does not verify the information submitted on the application, your order may be cancelled.
NO CREDIT NEEDED
No Credit Needed means this is not a credit transaction, and no established FICO score is necessary, but approval is not guaranteed. LeaseVille may check creditworthiness from alternative (not major) credit agencies. The application will not affect your FICO score.
MODIFICATION/ADDITIONS TO TERMS OF SERVICE
We reserve the right to change the terms, conditions, and notices under which LeaseVille are offered, including but not limited to any charges associated with the use of LeaseVille. At certain places within LeaseVille, there may be additional or other terms, conditions, and policies that apply to your use of that Service. By using those LeaseVille, you agree to abide by those terms, conditions, and policies. We may change those terms and policies from time to time. LeaseVille will not “retroactively” change these Terms of Service, and any modifications LeaseVille makes shall take effect proactively, once you next access LeaseVille. By continuing to use LeaseVille after we post any changes, you accept and agree to those terms, conditions, and policies, as modified. Please feel free to print out a copy of this Agreement for your records.
THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES
LeaseVille may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or contain links to the sites of others, including, but not limited to, unaffiliated third-party vendors and promotional partners ("Third-Party Materials"). The Third-Party Materials may contain our trademarks, logos, and intellectual property as we may license third parties this right from time to time. Regardless, the Third-Party Materials are not under our control and we are not responsible for the contents of any Third-Party Materials, including without limitation any content or link contained in Third-Party Materials, or any changes or updates to Third-Party Materials. We are not responsible for webcasting or any other form of transmission received from any Third-Party Materials. We are providing the content and links to you only as a convenience, and the inclusion of any content or link does not imply endorsement by us of the Third-Party Materials or any association with the owners or operators of the Third-Party Materials. You acknowledge and agree that LeaseVille is not responsible for Third-Party Materials, including its accuracy, completeness, timeliness, validity, intellectual property compliance, legality, decency, quality, or any other aspect thereof. LeaseVille does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Your access to and use of Third-Party Materials is entirely at your own risk and subject to each third party’s terms and conditions.
We may use web beacons, pixel tags, .gif files, and the like, that allow for the collection of information about your interactions on LeaseVille. These technologies may be used, for example, to place advertisements, to understand site traffic patterns and the number of visitors to LeaseVille, and to measure the effectiveness of advertisements or LeaseVille. Web beacons, and the like, also enable third-parties involved in advertising operations to recognize your browser as you navigate to other websites and are necessary for the online delivery or placement of certain types of ads. By accepting these terms you provide your prior consent for LeaseVille to collect this information from any device you use to access LeaseVille, including but not limited to, LeaseVille-leased devices, devices leased by LeaseVille subsidiaries or affiliates, user-owned devices, or devices owned by third parties.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of LeaseVille, you warrant to us that you will not use LeaseVille for any purpose that is unlawful or prohibited by these Terms of Service. You may not use LeaseVille in any manner which could damage, disable, overburden, or impair LeaseVille or interfere with any other party's use and enjoyment of LeaseVille. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through LeaseVille.
MATERIALS PROVIDED TO OR POSTED ON LeaseVille
You may post reviews, comments, photos, videos, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content you share, post, or submit. LeaseVille reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. We do not claim ownership of the content or materials that you provide to us, but if you do provide, post, upload, input, or submit content or materials (including without limitation, reviews, photos, comments, video, feedback, suggestions, or other content), you hereby grant LeaseVille and any affiliated third parties, franchisees, sublicensees, unaffiliated third party vendors, and promotional partners, a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, repost, reproduce, transmit, modify, adapt, publish, perform, translate, reformat, create derivative works from, distribute, and display such content and materials in any type of media for any purpose whatsoever, and combine such content and materials with data from other websites, mobile applications, and sources. You grant LeaseVille and sublicensees the right to use the name that you submit in connection with such content, if we choose, along with your city and state/province. No compensation will be paid with respect to the use of your content or materials as provided herein. By posting, inputting, providing or submitting content or materials, you represent and warrant that you own or otherwise control all of the rights to such content and materials, that the content or materials are accurate, that use of the content or materials that you supply does not violate these Terms of Service and will not cause injury to any person or entity, and that you will indemnify LeaseVille for all claims resulting from content or materials that you supply. LeaseVille has the right but not the obligation to monitor and edit or remove any materials, activity, or content. LeaseVille takes no responsibility and assumes no liability for any content or materials posted by you or any third party. We are under no obligation to post or use any content or materials you may provide and may remove any content or materials at any time in our sole discretion. We reserve the right at all times to disclose any information regarding any content or materials as necessary to satisfy any applicable law, regulation, legal process, or governmental request, in our sole discretion.
COPYRIGHT AND TRADEMARK NOTICES
All content included in or made available through LeaseVille, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of LeaseVille or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through LeaseVille is the exclusive property of LeaseVille and protected by U.S. and international copyright laws. All rights reserved.
The trademarks, trade dress, logos, and service marks displayed on LeaseVille (collectively the "Trademarks") are our registered and unregistered trademarks or those of our affiliates or suppliers in the U.S. and other countries. Under no circumstances may you copy, alter, modify, or change the Trademarks. Nothing contained in LeaseVille should be construed as granting any license or right to use any of the Trademarks without our express permission. Any rights not expressly granted herein are reserved. All trademarks not owned by LeaseVille that appear in any of LeaseVille are the property of their respective owners.
INTELLECTUAL PROPERTY INFRINGEMENT
LeaseVille respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please submit written claims to:
LeaseVille Legal Department
1925 Century Park East Suite 1700
Los Angeles, CA 90067
Email: [email protected]
Written claims concerning infringement must include the following information:
We reserve the right, in our sole discretion, to terminate your access to LeaseVille and the related services or any portion thereof at any time, without notice.
You may need an LeaseVille account to use certain LeaseVille, and you may be required to be logged into the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Your credentials should be unique, difficult to guess, different from your other credentials, and should not be shared with others. LeaseVille does not sell or lease products or provide services to children. LeaseVille reserves the right to refuse service, terminate accounts, terminate your rights to use LeaseVille, remove or edit content, or cancel orders in its sole discretion.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE INFORMATION, CONTENT, SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH LeaseVille MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO LeaseVille AND WE MAY MAKE CHANGES TO LeaseVille AT ANY TIME. ADVICE RECEIVED VIA LeaseVille SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU ACKNOWLEDGE THAT THERE ARE INHERENT RISKS TO PROVIDING PERSONAL INFORMATION AND ACCOUNT NUMBERS OVER THE INTERNET. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF. YOU AGREE TO DETERMINE WHETHER LeaseVille ARE SUFFICIENTLY SECURE TO MEET YOUR NEEDS. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA ACCESSED OR DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH LeaseVille. LeaseVille AND ALL INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED IN LeaseVille FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEASEVILLE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, FRANCHISEES, AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THIS AGREEMENT OR IN CONFORMITY WITH USAGE, EQUITY OR LAW, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, WORKMANSHIP, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR GENERAL PURPOSE, TITLE, OWNERSHIP, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, FRANCHISEES, REPRESENTATIVES, AGENCIES, AND SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, (I) DAMAGES FOR LOSS OF USE, DATA, PROFITS, REVENUE, OR GOODWILL, (II) THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) PERSONAL INJURY, (IV) PROPERTY DAMAGE, (V) BUSINESS INTERRUPTION, OR (VI) COMPUTER, MOBILE DEVICE, OR ELECTRONIC DEVICE FAILURE OR MALFUNCTION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF LeaseVille, WITH THE DELAY OR INABILITY TO USE LeaseVille OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE LeaseVille, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, APPLICATIONS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH LeaseVille, OR OTHERWISE ARISING OUT OF THE USE OF LeaseVille, WHETHER BASED ON CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND EVEN IF WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, FRANCHISEES, AGENCIES, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LOCAL LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF LeaseVille, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING LeaseVille.
You agree to defend, indemnify, and hold LeaseVille harmless (including our parents, subsidiaries, franchisees, and affiliates, and all of our and their respective officers, directors, employees, agents, licensors, and suppliers) against all claims, losses, expenses, damages and costs (including reasonable attorneys’ fees) arising from or related to your use of LeaseVille or breach of these Terms of Service. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with us in connection with our defense. Your indemnification obligation shall survive the termination of these Terms of Service.
DISPUTES/ARBITRATION/CLASS ACTION WAIVER
CUSTOMER TRANSACTION - CONFLICTS
You expressly agree that these Terms of Service for use of LeaseVille are independent and separate from the contract for a purchase or lease transaction that you enter into with us, including LeaseVille Arbitration Agreement entered into in connection with a purchase or lease transaction. Any lease transaction with us is governed by your Lease Purchase Agreement, Rent to Own Agreement, Consumer Rental Purchase Agreement, Lease Agreement with an Option to Purchase, Lease Agreement, or Rental Purchase Agreement (as denominated under state law) and is the only contract between you and us with respect to the merchandise and services set forth in that contract. Nothing in these Terms of Service should be interpreted to change or modify any terms of that contract, or LeaseVille Arbitration Agreement entered into in connection with a purchase or lease contract, or to create a separate contract between you and us regarding the purchase or lease transaction. In the event of any conflict between these Terms of Service and the contract covering your purchase or lease transaction or LeaseVille Arbitration Agreement entered into in connection with a purchase or lease contract, the contract covering your purchase or lease transaction and such LeaseVille Arbitration Agreement, will apply and prevail.
When you use LeaseVille, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on or through LeaseVille, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your cellular provider's message & data rates may apply to your use of LeaseVille, and payment is your responsibility.
Text/SMS Wireless Calling Policy
When you provide LeaseVille with your mobile phone number, you expressly consent to LeaseVille sending you text messages to the phone number designated regarding lease deals, merchandise, surveys, and special offers. You also expressly consent to receiving texts messages, as well as auto-dialed, pre-recorded calls to your wireless and other numbers regarding account management and payments (described further below in "Content of Text Messages and Wireless Calls"). LeaseVille will send up to 12 text messages per month. Your cellular provider's message & data rates may apply, and payment is your responsibility. Text messages will be sent via automatic telephone dialing system or through other automated software. LeaseVille cannot guarantee message delivery. Your consent to receive marketing text messages does not mean you are obligated to make a purchase or lease products, nor is providing your consent to receiving marketing text messages a condition of any purchase or lease.
You agree to notify us immediately if you change your mobile phone number. If we modify this Text/SMS Wireless Calling Policy, we will notify you by sending you a text message with a link to the new policy. We may terminate our text message program at any time.
Opt-Out If you wish to stop receiving text messages from LeaseVille, reply to any text message we sent to you by texting the word STOP. You agree to receive a final text message confirming your opt-out.
Participating Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, Cricket, U.S. Cellular, MetroPCS, Alltel, Boost Mobile, and Virgin Mobile.
Content of Text Messages and Wireless Calls: In addition to agreeing to receive text messages regarding lease deals, merchandise, surveys, and special offers, you agree that LeaseVille or its agent(s) may contact you regarding account management or payments for leased merchandise at any mobile phone number(s) you provide to LeaseVille or that LeaseVille obtains for you. This consent includes telephone calls or SMS text messages placed using an artificial or pre-recorded voice or an automatic telephone dialing system or predictive dialer. You understand that, when you receive such calls, texts, or emails, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services. You agree that LeaseVille will not be liable to you in any way for calls or texts placed pursuant to this consent.
SANCTIONS AND EXPORT POLICY
You may not use any of LeaseVille if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using LeaseVille. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including LeaseVille Software), technology and services.
For questions about these Terms of Service, LeaseVille, or if you believe that we have not adhered to these Terms of Service, please contact us at LeaseVille, Legal Department, 1925 Century Park East Suite 1700 Los Angeles, CA 90067. We will use commercially reasonable efforts to respond to and remedy any problems.