Terms & Conditions
TERMS OF SERVICE
Effective as of August 31, 2017
Welcome to the LesseeDirect online portal and website (“Site”) and associated online services (“Services”). The following terms of service (“TOS”) are an agreement between each entity using the Site and Services, by way of its authorized users (“you”) and LesseeDirect. The owner of this Site (“LesseeDirect”) is willing to provide access to the Site and Services to you only upon your agreement that your use of the Services will be subject to the TOS. By using this Site or clicking the “I agree” button at the bottom of this page, you manifest your assent and agree to be bound by the TOS. If you do not agree to the TOS, you must discontinue your use of the Site immediately. You agree that in exchange for your use of the Site and Services, these TOS may be revised from time to time and are effective upon the effective date stated above (“Effective Date”). Your continued use of the Site after the Effective Date will constitute your assent and agreement to any revisions to these TOS.
You have a duty to read this entire document because it contains important information.
Description of Services
Access to SiteThe Site provides you Services such as access to online resources, including applications that allow you to view your bill. By using this Site, you represent and warrant to LesseeDirect that (i) the use of this Site and its Services has been duly authorized by all your necessary company or corporate action and (ii) these TOS are legal, valid, and binding, enforceable against you in accordance with its terms. Unless stated otherwise, any new features that augment or enhance the current Services will be subject to these TOS. By clicking on the “I accept” button below, LesseeDirect grants you a nonexclusive, nontransferable limited license to access and use the Site and Services, including the release of new Services which will be subject to these TOS. The foregoing license includes the specific rights to use the available applications and functionalities of the Services and to print information from the Services. LesseeDirect reserves (iii) the right to modify, suspend, or terminate operation of or access to the Services at any time for any reason; (iv) modify or change the Services or its applicable operating policies at any time; and (v) interrupt the Services as necessary to perform routine and non-routine maintenance, error corrections, or other changes.
Links to Third Party WebsitesThis Site may provide links to other websites operated by third parties. LesseeDirect is not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from those websites. DLL will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These TOS do not apply to your use of third party websites. Your use of such websites is subject to the terms, conditions, and/or policies of the owner of those websites.
User Names and PasswordsDuring the registration process for the Services, a user name and password (collectively, “Authentication Materials”) will be established for your use in accessing the Services. The Authentication Materials are intended for your use only and for lawful business purposes only. You agree: (a) not to disclose such Authentication Materials to any third party, (b) to take reasonable care to protect such Authentication Materials from inadvertent disclosure to third parties, (c) to change your password immediately if you believe your Authentication Materials may have been compromised or used without authorization, and (d) to immediately notify LesseeDirect of any loss or unauthorized use of such Authentication Materials. You agree that you will be responsible for all actions taken using your Authentication Materials, whether or not authorized by you.
Representations, Warranties, and CovenantsYou hereby represent and warrant to LesseeDirect and agree that (a) any and all information that you provide through the Site and its Services will be accurate and complete; (b) you will not use the Services to access information about any account unless you have the authority to do so by the company whose account you are accessing; (c) you will not provide any information to the Site unless you have the authority to do so; (d) you will not use the Site or the Services for any illegal or improper purposes; (e) you will not use: (i) any robot, spider, or any other program to monitor or copy portions of the Site or Services or the content contained therein without the prior written permission of LesseeDirect or (ii) any device, software, or routine to interfere with or attempt to interfere with the proper functioning of the Site and its Services; (f) you will not download, reproduce, duplicate, copy, or otherwise exploit any portion of the Site or its Services for the purposes of sale, resale, or making commercial use thereof (other than the use specified in these TOS); and (g) LesseeDirect may send you electronic correspondence describing changes to the Site, Services, and TOS.
Reliance on Site InformationWhile LesseeDirect exercises reasonable efforts to ensure the accuracy of the information on the Site and through the Services, you acknowledge and agree that your use of the Site or Services, and your reliance upon any data or information accessed using the Site or Services, is at your own risk. You agree to make and rely on your own independent investigation of the completeness, accuracy, and suitability of any information, data, or analytical product available on the Site or Services before your reliance thereon.
Warranty DisclaimersYOU ACKNOWLEDGE AND AGREE THAT THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. LESSEEDIRECT MAKES NO WARRANTY WHATSOEVER ABOUT THE SITE OR SERVICES, THE OPERATION OR AVAILABILITY OF EITHER, THE ACCURACY OF INFORMATION PROVIDED ON OR THROUGH THE SITE OR SERVICES, OR THE SECURITY OF THE SITE OR SERVICES. MOREOVER, LESSEEDIRECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE SITE AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SAME WARRANTIES ARE HEREBY EXCLUDED FROM THESE TOS AND ALL TRANSACTIONS CONTEMPLATED HEREBY. LESSEEDIRECT MAKES NO WARRANTY THAT (A) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) TRANSMISSION OF DATA TO AND FROM THE SITE OR SERVICES WILL BE TIMELY OR ERROR-FREE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT NEITHER LESSEEDIRECT NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, OPINION, ADVICE OR STATEMENT ON THE SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING IN ANYWAY, YOU AGREE TO RELEASE LESSEEDIRECT FROM ANY AND ALL LIABILITY, DIRECT OR INDIRECT, ARISING OUT OF, OR RELATED TO A KNOWN OR UNKNOWN BREACH OF LESSEEDIRECT’S SECURITY NETWORK.
Limitations of LiabilityYOU EXPRESSLY UNDERSTAND AND AGREE THAT LESSEEDIRECT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LESSEEDIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED TEN DOLLARS ($10.00).
IndemnityYou agree to indemnify, defend, and hold LesseeDirect, its subsidiaries, affiliates, officers, members, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of information you submit, post to or transmit through the Site or Services, your use of the Site or Services, your connection to the Site or Services, your violation of these TOS, or your violation of any rights of another.
SubmissionsLesseeDirect welcomes any comments, suggestions, and questions about the Site or Services. LesseeDirect does not, however, welcome any information that is confidential or proprietary to you or to any other person or company. By submitting comments, messages, suggestions, ideas, concepts or other information (collectively, “Materials”) to LesseeDirect, you (a) represent and warrant that such information is not confidential or proprietary to you or to any other person and (b) grant LesseeDirect and its affiliates an irrevocable, perpetual, royalty-free, non-exclusive, unrestricted, worldwide license to: use, copy, publish, transmit, perform and display the Materials for any purpose; create derivative works from such Materials; and implement and use the Materials and any suggestions, concepts or ideas contained therein without compensation to you. Furthermore, you agree that LesseeDirect is not responsible for the confidentiality of the Materials that you send through the Site or the Services.
Trademarks, Copyrights, and RestrictionsAll materials available through the Site or Services, including, but not limited to, text, images, illustrations, audio clips, video clips and other data, are protected by copyrights which are owned or licensed by LesseeDirect. Except for the limited license granted above, you may not reproduce, perform, create derivative works from, republish, transmit, or distribute in any way whatsoever any materials from the Site or Services, or any other site owned or operated by LesseeDirect, without the prior written permission of LesseeDirect.
Modification and TerminationLesseeDirect reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice. You agree that LesseeDirect will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services. You agree that LesseeDirect, in its sole and absolute discretion, may terminate your password, access to the Site, or use of the Services, and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if LesseeDirect believes that you have violated or acted inconsistently with the letter or spirit of these TOS. You agree that any termination of your access to the Services under any provision of the TOS may be effectuated without prior notice, and acknowledge and agree that LesseeDirect may immediately deactivate or delete your Site account and all related information and files in your Site account and/or bar any further access to the files within your Site account or the Services.
Governing LawUse of the Site or Services and these TOS will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law provisions. The parties hereby irrevocably waive their right to a trial by jury relating to any breach of these TOS. Any dispute or claim relating to or arising out of or in connection with use of the Site or Services will be exclusively submitted to the competent court in either the Commonwealth of Pennsylvania, Chester County or the United States District Court for the Eastern District of Pennsylvania.
MiscellaneousThese TOS and any agreements governing use of specific portions of the Services constitute the entire understanding between you and LesseeDirect with respect to the Site and Services, superseding all prior written and oral communications and understandings. Every provision within these TOS will be enforced to the fullest extent of its enforceability. If any provision of the TOS is deemed unenforceable, the other provisions will remain enforceable. Unenforceability in one jurisdiction will not render unenforceability in any other jurisdiction. The parties agree that these TOS will not be interpreted or construed to confer any rights or remedies upon any third parties.
CommunicationsAll Communications (defined in Section 13(a) below) in electronic format sent from LesseeDirect to you will be considered in writing, for all purposes. You should print or download, for your records, a copy of this these TOS or any other Communication that is important to you.
- You may request paper Communications at any time after submission by sending an e-mail to firstname.lastname@example.org or calling LesseeDirect at: 1-800-736-0220. To update your electronic address, you may contact LesseeDirect at 1-800-736-0220 or send LesseeDirect an e-mail at email@example.com. You agree to promptly notify us, when you change your email or other electronic address. It is your responsibility to provide LesseeDirect with a true, accurate and complete email address, contact information and any other information needed to contact you electronically. LesseeDirect may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically.
- Unless you request paper Communications as provided for in Section 13(b) above, you may receive one or more of the following disclosures electronically: (i) account agreements, schedule of service charges and fees, fee notices including late or returned fees, or account disclosures, (ii) if applicable, payment program disclosures, and (iii) other information related to your Site account.
System RequirementsTo access the Site and Services and to receive Communications, you will need:
- connection to the internet and an active email address along with a computer and an operating system capable of supporting this Site and its Services;
- one of the following browsers:
- Microsoft Internet Explorer 10 or higher
- Chrome 60 or higher
- Firefox 55 or higher;
- access to a printer or the ability to download information (which will require sufficient hard drive space) in order to keep copies for your records; and
- a version of a program that accurately reads and displays portable document format or PDF files (such as Adobe Acrobat Reader).
By providing your consent at the end of these TOS, you give your affirmative consent to LesseeDirect to provide electronic Communications to you, as described in this form. You further affirm and confirm that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have provided, or will provide to LesseeDirect a current valid email account, to which, LesseeDirect may send you electronic Communications. By obtaining electronic delivery of Communications, you confirm that you are authorized to, and do, consent on behalf of all the other account users, authorized signers, authorized representatives, and delegates identified with your Site account.