Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, INCLUDING, WITHOUT LIMITATION, TERMS AND CONDITIONS RELATED TO WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY, LIMITATIONS ON PERIODS FOR ASSERTING ANY CLAIMS, INDEMNIFICATION, GOVERNING LAW, AND THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

OVERVIEW

This website (the “Site”) is operated by Lease Capital LLC (“Lease,” “we,” “our,” or “us”). The following terms and conditions of use as well as the corresponding Privacy Policy which is incorporated herein by reference and available through the Site (the “Terms of Use”), govern your access to and use of the Site. All pages within the Site and any information, material, or content made available on or through the Site are subject to these Terms of Use. If you purchase products or services from us through this Site, your purchase will be subject to additional terms of sale which will be presented to you at the time of purchase before completing your transaction.

These Terms of Use apply only to your use of the Site and do not apply to any other third-party website or any Lease product or service. To the extent that there is any conflict between these Terms of Use and any terms and conditions or agreements relating to services you receive from Lease, those other terms and conditions or agreements will govern.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

YOUR USE OF THIS SITE CONSITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

Changes to the Terms of Use or Site

We reserve the right to change, modify, or discontinue the Site or any portion of the Site, including any and all content, at any time, without notice to you. WE reserve the right, in our sole discretion, to update, revise, supplement and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means including by posting updates to this webpage and changing the “Last Updated” date at the top of this webpage.  Your continued use of the Site following the posting of changes to these Terms of Use will mean you accept those changes.

Your Use of the Site

You are granted a limited, non-exclusive, revocable right to access and use the Site solely for personal use, and to receive Lease products and services. This right does not include the right to and you shall not (nor shall you facilitate, direct, or assist a third party to):

• modify, reproduce, or resell any part of the Site’s content or data (excluding your personal information), or otherwise commercially exploit any of the Site’s content or data (even if that content or data is provided by a third party);
• access, tamper with, or use non-public areas of the Site or our computer systems;
• probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
• access or search or attempt to access or search the Site by any means (automated or otherwise) other than through currently available, published interfaces that are provided by Lease;
• use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the Site, or otherwise collect, gather, extract, scrape, or obtain any data or content from the Site for any commercial purpose other than obtaining products and services from Lease or your own personal, non-commercial use;
• interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus, flooding, spamming, overloading, or mail-bombing the Site;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the or Site;
• attempt to hide, hide, or direct, facilitate or assist any third party in hiding or attempting to hide your IP address to circumvent any of the restrictions in these Terms of Use, including without limitation, if any IP address you have been assigned or used is blocked or dropped by Lease, you are hiding or switching your IP address to scrape or collect data and content from this Site, or you have received a cease and desist or other correspondence from Lease related to any activity in violation of these Terms of Use that requires you to cease accessing or using the Site;
• use the Site or any of its content in any manner other than the manner in which it is intended to be used, unless you first obtain our express written consent; or
• use the Site or its content for any purpose prohibited or restricted by law.

 

Except for the limited right expressly granted to you in these Terms of Use, Lease and its licensors expressly reserve all other rights and licenses. For the avoidance of doubt, nothing in this Section shall restrict legitimate search engine providers (i.e., Google, Yahoo, Bing, etc.) from spidering the Site for the purpose of generating search results in any such search engine. In addition, you may link to the Lease’s home page provided that we reserve the right to withdraw this consent at any time in its discretion. You are not authorized to link to any other page on the Site without our prior express written consent. You may not use any of our logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to (1) imply affiliation with or endorsement or sponsorship by Lease; (2) cause confusion, mistake, or deception; (3) dilute Lease’s trademarks, service marks or trade names; or (4) otherwise violate applicable law.

 

Your User Account

If you register for an online account with Lease or obtain access to restricted portions of the Site, you are solely responsible for maintaining the confidentiality and security of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

If you provide information on the Site, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update such information to keep it true, accurate, current, and complete to the extent the Site facilitates such updates. If you provide any information that is false, inaccurate, outdated, or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your account and prohibit or refuse any and all current or future use of the Site (or any portion thereof) by you.

Termination / Suspension

You agree that we may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Site, including any online account hereon, without notice, for any reason in our sole discretion, including, without limitation, violation of these Terms of Use or our belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Lease, another user, or any third party.

Privacy

By accessing and using the Site, you agree to the terms of our Privacy Policy which is incorporated into these Terms of Use by reference and assessable through the Site. You are also expressly agreeing and consenting to the collection and use of your personal information and other data as set forth (and more fully described) in the Privacy Policy.

Trademarks

Lease, or third parties from whom Lease has permission, own the trademarks and service marks that are used on the Site. All rights are reserved by Lease and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress of Lease and its licensors may not be used without prior written consent of Lease or its licensor, as the case may be. Without limiting the foregoing, no Lease trademark or trade dress may be used in connection with any product or service that is not Lease’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Lease.

Copyright and Other Proprietary Rights

Lease, or third parties from whom Lease has permission, own the Site and all content that is used on the Site. All proprietary content and materials on the Site including, without limitation, the Site’s layout, organization, design, and any graphics, text, icons, audio, video, and the like are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms of Use or by written consent of the owner of the proprietary rights.

 

You grant Lease a perpetual, worldwide, royalty-free, irrevocable, sub-licensable, assignable, and transferable license to any feedback, submissions, ideas, concepts, know-how, or techniques that you submit to the Site or otherwise choose to share with Lease through other communication channels for any purpose (including without limitation commercialization) and without compensation to you, subject only to Lease’s Privacy Policy.

Digital Millennium Copyright Act

If you have reason to believe that material on the Site infringes your copyright, please send a notice by email: info@leasecapitalre.com or by mail: Lease Capital LLC, PO Box 930131, Verona, WI 53593 requesting that the infringing material be removed. The notice must contain the following information:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
2. a description of the work claimed to have been infringed, or a representative list of such works if the notice is intended to cover multiple works on the Site;
3. identification of the allegedly infringing material and where the material is located on the Site;
4. your contact information, including your name, address, telephone number, and email address;
5. 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
6. a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

 

Children’s Privacy

Individuals under the age of 18 (“Minors”) are not permitted to use the Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from Minors or knowingly allow such persons to register for an online account or to post personal information on our Site.

 

 

Third-Party Content and Sites

Certain information available on this Site may be provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials are the sole responsibility of the originating party and we have no responsibility for such content and do not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a link to another party’s website an endorsement of such other party, their products or services.

 

In addition, the Site may contain links to other unrelated websites on the Internet. We are not responsible for and have no obligation to review the content, accuracy, copyright compliance, decency standards, or other materials on such websites. These Terms of Use do not apply to such unrelated websites and you should review the privacy policy and terms of use for any Site that you visit. We make no representations or warranties regarding the security of any information you make available to such websites. We are not liable for any losses or damages incurred as the result of your business dealings with such third parties.

 

Restricted Content

Certain restricted product and content information is available on this Site only to licensed customers of Lease that are registered to receive information via accounts issued by Lease. This restricted information is considered confidential and proprietary information of Lease. If you are a registered customer or a representative of a registered customer, Lease authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by Lease’s issuance of an account and is conditioned on the customer’s use of the information in accordance with these Term of Use and the terms of its license or service agreement with Lease. You shall not transfer your account information to unauthorized parties. You will immediately notify Lease of any unauthorized use of your account. You are responsible for use of your account.

 

Disclaimer of Warranties

THE SITE, INCLUDING ANY CONTENT PROVIDED THROUGH THE SITE, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. LEASE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE OR CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SUCH CONTENT ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. LEASE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE WAIVER OR DISCLAIMER OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE FOREGOING WAIVERS OR DISCLAIMERS MAY NOT APPLY.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL LEASE, ITS AFFILIATES, RELATED ENTITIES, VENDORS, SUPPLIERS OR CONTENT PROVIDERS OR ANY OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, OR EMPLOYEES (COLLECTIVELY, THE “ACIETA PARTIES”) BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF USE OR REPLACEMENT OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR ANY OF ITS CONTENT WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ACIETA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS OF USE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ACIETA PARTIES IN TOTAL FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF THE TOTAL FEES PAID BY YOU TO LEASE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE UPON WHICH YOUR CLAIM AROSE, IF ANY, OR ONE HUNDRED DOLLARS (US $100).

YOU AGREE TO PROMPTLY NOTIFY LEASE IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE LEASE PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.

Indemnification

You agree to indemnify, defend, and hold harmless each of the Lease Parties from any and all losses, expenses, third-party claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees) arising from or related to your use of the Site, your use of any material, information, data downloaded or otherwise obtained from the Site, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of Lease or any other person or entity.

 

Interpretation and Disputes

These Terms of Use are governed by the laws of the United States and specifically the State of Wisconsin, without regard to any conflict of laws provisions. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable, then the provision shall be severed, and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability.

If we have not been able to resolve the dispute informally within thirty (30) days after both parties received notice of the dispute, we both agree to resolve any claim, dispute or controversy arising out of or in connection with or relating to these Terms of Use by binding arbitration conducted pursuant to the JAMS Streamlined Arbitration Rules and Procedures that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”). Unless we both agree otherwise, the arbitration will be conducted in the same city as Lease’s offices. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the JAMS Rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitration, along with all filings and decisions, will be confidential except as necessary to enforce the award.

ARBITRATION MEANS THAT YOU AND LEASE (OR ITS APPLICABLE SUBSIDIARY) ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LEASE ARE WAIVING THE RIGHT TO A TRIAL BY JURY.

Notwithstanding the foregoing provisions, each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property.

Availability of Products or Services

The Site may refer to products or services that are not available in your state or country. Consult Lease for information about the products or services that may be available to you.

Feedback

leasecapitalre.com encourages visitors to contact us and submit feedback. Any comments or feedback that is submitted becomes the property of Lease and we may use these comments/feedback for marketing purposes, or to contact visitors for more information.

Entire Agreement

These Terms of Use and the Privacy Policy constitute the entire agreement between you and Lease relating to the subject matter herein, and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Notwithstanding the foregoing, certain services and products accessible through the Site may have their own terms and conditions and contracts that apply to that particular service or product, such as terms and conditions of sale. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Lease. These Terms of Use will inure to the benefit of Lease’s successors and assigns.

Notice

Lease may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Lease.

Electronic Communications

You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices, or communications between you and Lease may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.

Force Majeure

Lease shall not be liable to you or any other party for any delay or failure in performance due to events outside of our reasonable control, including without limitation, acts of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, pandemic, fire, flood, earthquake, storm or other like event, disruption or outage of third-party communications facilities or networks, labor strike, delays of common carriers, or any other circumstances beyond our reasonable control.

 

Waiver and Severability

Furthermore, no delay or omission by Lease to exercise any right or any noncompliance on your part with respect to the Terms of Use shall impair any such right or be construed to be a waiver by Lease. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.

Contact

To ask questions or comment about these Terms of Use, we may be contacted at: info@leasecapitalre.com or by mail at:

Lease Capital LLC

PO Box 930131

Verona, WI 53593