PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH LECLIX, LLC ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
1.ACCEPTANCE
These Terms of Use govern your use of the LeClix, LLC websites, including www.getleclix.com (each a
“Site”). By using the Site, you agree, without limitation or qualification, to be bound by these Terms
of Use and the LeClix, LLC Privacy Policy. If you do not agree, please do not use the Site.LeClix, LLC
may revise these Terms of Use at any time. Your continued usage of the Site will mean you accept those
changes, and you agree to comply with all applicable laws and regulations. The materials provided on the
Site are protected by law, including, but not limited to, United States copyright laws and international
treaties.The terms “You,” “Your,” “User,” and “Users,” as used herein, refer to all individuals and/or
entities accessing the Site for any reason
2.ELIGIBILITY
You must be 18 years of age or older to visit or use the Site in any manner. By visiting the Site
or accepting these Terms of Use, You represent and warrant to LeClix, LLC that You are 18 years of age
or older, and that You have the right, authority, and capacity to agree to and abide by these Terms of
Use. You also represent and warrant to LeClix, LLC that You will use the Site in a manner consistent
with any and all applicable laws and regulations.
3.USE RESTRICTIONS
The content on the Site, such as text, graphics, images, photographs, illustrations, trademarks,
trade names, service marks, logos, information obtained from LeClix, LLC’s licensors, and other
materials (“Contents”) is protected by copyright under both United States and foreign laws. Title to the
Contents remains with LeClix, LLC. Any use of the Contents not expressly permitted by these Terms of Use
is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated
herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means without the prior written permission of LeClix, LLC or
its licensors. Except as permitted by United States copyright law, you may not reproduce or communicate
any of the content on the Site, including files or images that may be downloadable from the Site,
without the permission of LeClix, LLC. All rights not expressly granted herein are reserved to LeClix,
LLC and its licensors. If you violate any of these Terms of Use, your permission to use the Contents
automatically terminates and you must immediately destroy any copies you have made of any portion of the
Contents. So long as you are in compliance with these Terms of Use, LeClix, LLC grants a non-exclusive
limited, non-transferable license to use the Site. You may not distribute or make the Site available
over a network where it could be used by multiple devices at the same time. You may not rent, lease,
lend, sell, redistribute or sublicense the Site. You may not copy, decompile, reverse engineer,
disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any
updates, or any part thereof. Any attempt to do so is a violation of these Terms of Use. If you breach
this restriction, you may be subject to prosecution and damages. These Terms of Use will govern any
upgrades provided by LeClix, LLC that replace and/or supplement the original Site, unless such upgrade
is accompanied by separate or updated Terms of Use. If you violate any of these Terms of Use, your
permission to use the Contents automatically terminates and you must immediately destroy any copies you
have made of any portion of the Contents.You may not, without LeClix, LLC’s written permission, “mirror”
any Contents contained in the Site or any other server. You may not use the Site for any purpose that is
unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage,
disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the
Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or
any other means. LeClix, LLC reserves the right, in its sole discretion, to terminate your access to the
Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice
or any notice.
4.USER SUBMISSIONS
The personal information you submit to LeClix, LLC is governed by the LeClix, LLC Privacy Policy.
To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy
Policy shall govern. Except as provided under Submission of Ideas (below), LeClix, LLC does not claim
ownership of any information or material a user provides to LeClix, LLC or posts, uploads, input,
submits, or transmits through a Site (“Submission”). You agree that you will not make any Submission
that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false;
threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy;
hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views,
or disability; in violation of local, state, national, or international law; or that infringes on, or
violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission
that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a
Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c)
post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other
harmful computer code; (e) harvest or otherwise collects information about others, including email
addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in
any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which,
in the judgment of LeClix, LLC, exposes LeClix, LLC or any of its licensors, partners, or customers to
any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by LeClix, LLC. If you make a Submission, you automatically grant — or warrant that the owner of such content has expressly granted — LeClix, LLC a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, LeClix, LLC is not required to use any Submission. You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. LeClix, LLC is not responsible for the consequences of any Submission. LeClix, LLC is not responsible for screening or monitoring Submissions made through a Site by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, LeClix, LLC may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. LeClix, LLC will have no liability or responsibility to users for performance or nonperformance of such activities. LeClix, LLC reserves the right (but is not obligated) to: (a) record the dialogue on the Site; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Site upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Site, regardless of whether such Submission violates these Terms of Use.
Combination of Information
We may combine the information we receive from and about you, including the information you provide
to us and information we automatically collect through our Site, as well as information collected from
other sources.
5.SUBMISSION OF IDEAS
LeClix, LLC’s policy is to not accept or review unsolicited ideas or suggestions from persons
outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are
offered or communicated to LeClix, LLC through a Site or otherwise shall be the property of LeClix, LLC,
and may be treated by LeClix, LLC as non-confidential information. LeClix, LLC shall have the
unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose
without compensation or obligation to any party.
6.LIABILITY OF LECLIX, LLC AND ITS LICENSORS AND PARTNERS
The use of the Site or the Contents is at your own risk. The Contents in the Site could include
technical inaccuracies or typographical errors. LeClix, LLC may make changes or improvements at any
time. THE CONTENTS IN THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LECLIX, LLC DISCLAIMS ALL
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LECLIX, LLC DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LECLIX, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE
OF THE CONTENTS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND
NOT LECLIX, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LECLIX, LLC ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR
TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT
LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH
OR ARISING FROM ANY ACT OR OMISSION BY LECLIX, LLC, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS,
INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT
OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.
7. YOUR ACCOUNT
If you use the Site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer. You agree to accept responsibility for all
activities that occur under your account or password. LeClix, LLC reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in its sole discretion.
8.CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES
The Site may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to
text, graphics, videos, images, music, sounds, and information belonging to or originating from other
third-parties (collectively, “Third-Party Applications”). LeClix, LLC does not investigate, monitor, or
review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or
appropriateness. LeClix, LLC is not responsible for the Third-Party Pages or any Third-Party
Applications accessed through the Site. You agree that LeClix, LLC shall have no liability with respect
to any loss or damage of any kind incurred as a result of any dealings between you and any third party,
or as a result of the presence of such third party on the Site. The inclusion of any hyperlinks to any
Third-Party Pages or Third-Party Applications on the Site does not indicate LeClix, LLC’s approval or
endorsement thereof. These links are provided solely as a convenience or benefit to users. Your
interactions with a third party on the Site, or based on such third party’s participation or presence on
the Site, are solely between you and the third party. LeClix, LLC makes no representations or warranties
with respect to the content, ownership, or legality of any such linked third party website. If you
choose to leave the Site to access any Third-Party Pages or Third-Party Applications, you do so at your
own risk.
9.INDEMNITY
You agree to defend, indemnify, and hold LeClix, LLC, its officers, directors, employees, agents,
licensors, and partners, harmless from and against any claims, actions, demands, liabilities, and
settlements including, without limitation, reasonable legal and accounting fees, resulting from, or
alleged to result from, your use of the Site or Contents, or your violation of these Terms of Use.
10.MODIFICATION OR SUSPENSION OF THE SITE
You agree that LeClix, LLC may, in its sole discretion and at any time, modify, discontinue, or
suspend its operation of the Site, any part thereof or any Contents, temporarily or permanently, without
notice or liability to you.
11.GENERAL
LeClix, LLC makes no claims that the Contents are appropriate or may be downloaded outside of the
United States of America. Access to the Contents may not be legal by certain persons or in certain
countries. If you access the Site from outside the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. The following provisions survive the
expiration or termination of these Terms of Use for any reason whatsoever: Liability of LeClix, LLC and
its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity,
Applicable Laws, and Complete Agreement.
12.APPLICABLE LAWS
In the event of a sale, merger, or acquisition, your information may be transferred as part of the
transaction.
Aggregate or Anonymous Information:
These Terms of Use are governed in accordance with the laws of California, United States of
America, without regard to its conflict of law provisions. You and LeClix, LLC hereby expressly consent
and submit to the exclusive jurisdiction of the state and federal courts of Los Angeles, California for
the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use. If
any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall
be deemed a further or continuing waiver of such term or condition or any other term or condition
13.MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS
Scope of Arbitration Agreement: You and LeClix, LLC mutually agree that any and all disputes,
claims, or controversies arising out of or relating to your use of our services, these Terms and
Conditions, or any aspect of the relationship between you and LeClix, LLC, whether based in contract,
statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation,
fraudulent inducement, or negligence), or any other legal or equitable theory, and whether the claims
arise during or after the termination of these Terms, shall be resolved exclusively through final and
binding arbitration, rather than in court. This includes any claims you assert against our affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content
providers. Arbitration Procedures: Arbitration shall be administered by Judicial Arbitration and
Mediation Services, Inc. (“JAMS”)] under its Consumer Arbitration Rules (or equivalent rules if JAMS is
not applicable), as amended by this Arbitration Agreement. The arbitration will be conducted by a single
neutral arbitrator, and will take place in California, or another mutually agreeable location.
Waiver of Class Actions and Class Arbitrations: You and LeClix, LLC agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative action or proceeding. Further, unless both you and LeClix, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Costs of Arbitration: The payment of filing, administration, and arbitrator fees will be governed by the [Arbitration Provider’s] rules, unless otherwise stated in this Arbitration Agreement. In the event the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse LeClix, LLC for all fees associated with the arbitration paid by LeClix, LLC on your behalf, which you otherwise would be obligated to pay under the [Arbitration Provider’s] rules. Severability and Survival: If any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the [Arbitration Provider’s] rules, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the waiver of class or representative actions is found to be invalid or unenforceable, neither you nor LeClix, LLC is entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth herein. Opt-Out of Agreement to Arbitrate: You can decline this agreement to arbitrate by sending an email to getclix@leclix.com within 30 days of first accepting these Terms and Conditions, stating that you (include your first and last name) decline this Arbitration Agreement.”] Modification of Arbitration Clause: Notwithstanding any provision in these Terms and Conditions to the contrary, we agree that if LeClix, LLC makes any future change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to LeClix, LLC.
In an effort to protect the rights of copyright owners, LeClix, LLC maintains a policy for the termination, in appropriate circumstances, of users of the Site who are repeat infringers.
15.COMPLETE AGREEMENT
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of LeClix,
LLC on the Site, these Terms of Use, including LeClix, LLC’s Privacy Policy, constitute the entire
agreement between you and LeClix, LLC with respect to the use of the Site and Contents.
LeClix operates on the highest levels of performance for every client, no matter what size or industry. We treat every budget the same taking a 1 on 1 approach with every client.
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