General Terms of Service
These are the general terms of service (“Terms”) that govern each person’s use of the LeMarketly website, services, and software provided through or in conjunction with LeMarketly. These terms are an agreement between Express Delivery Group Inc., doing business as LeMarketly (“LE”), located at 700 North Brand Blvd, Suite 910, Glendale, California 91203, and Customers, Stores, Delivery Persons, and Third Party Service Providers.
This Agreement governs LE’s relationship with each party. To the extent stated in the Terms below, this Agreement also governs each party’s relationship with other parties with whom those parties transact utilizing LeMarketly, and all such parties remain free to have additional agreements and terms between themselves as they may agree in writing, provided that no such additional terms shall be interpreted to conflict with or supersede this Agreement with respect to LeMarketly specifically.
If you do not agree to these Terms, you should not use LeMarketly. By using LeMarketly, you agree to these Terms.
LE provides online and mobile technology that connects Customers, Stores, and Delivery Persons. Using LeMarketly, Customers place purchase orders for consumer products (i.e., groceries, home improvement supplies) from participating Stores. Delivery Persons access an online portal at LeMarketly to receive delivery opportunities, and then pick-up and deliver Customers’ purchases directly to Customers.
Parties. All parties to this Agreement are independent contractors with respect to one another, such that no party exercises control over any other party or has any liability or responsibility for any other party.
- LE. LE provides facilitation software, information, and online methods for Customers to interact with Stores and Delivery Persons for the purchase and delivery of products. LE does not itself provide physical products or delivery services. Nor is LE a party to any transaction between Stores and Customers and Delivery Persons. LE does not control and has no liability or responsibility for any Customer, Store, or Delivery Person. LE is independent and is not engaged in any employment or agency relationship with Delivery Persons or Stores or Customers.
- Customers. Customers utilize LeMarketly to purchase products from Stores, and to obtain delivery of such products from Delivery Persons. Customers do not control and have no liability or responsibility for any Store or Delivery Person, or for LE. Customers are independent and are not engaged in any employment or agency relationship with Delivery Persons or Stores or LE.
- Stores. Stores utilize LeMarketly to showcase and sell consumer products to Customers. Stores fulfill orders for Customers unless specified otherwise. Stores do not themselves provide delivery services, unless the Store expressly advises the Customer otherwise. Stores may provide Customers with pick-up options in each Store’s discretion. Stores do not control and have no liability or responsibility for any Customer or Delivery Person, or for LE. Stores are independent contractors and are not engaged in any employment or agency relationship with Delivery Persons or LE or Customers.
- Delivery Persons. Delivery Persons utilize LeMarketly to independently select and execute delivery jobs in exchange for a fee. Delivery Persons do not themselves provide products. Delivery Persons do not control and have no liability or responsibility for any Customer or Store, or for LE. Delivery Persons are independent contractors and are not engaged in any employment or agency relationship with LE or Stores or Customers.
- Third Party Service Providers. From time-to- time, LE may offer other third party products and services to Customers, Stores, and/or Delivery Persons. Such products and services are governed by their respective license agreements and service agreements.
- As Is. Unless agreed otherwise in writing by the party providing the product or service, all products and services are provided "as is", and without warranties of any kind.
- LeMarketly Accounts. Parties utilizing LeMarketly must register for an account and provide information about themselves, such as profile and payment information. Parties are responsible for providing accurate information, for maintaining the confidentiality of their own account and password (including for example any third party login password such as Facebook or Google), and for any activities occurring under or through their account. If a party has a reasonable belief that their account integrity or privacy has been jeopardized, they must immediately notify LE through the LeMarketly contact page.
- Accuracy of Information. LE is not responsible for the accuracy of information provided by parties. Parties utilizing LE are responsible for notifying LE when inaccurate information is posted by another party with whom they are transacting; and then LE will use reasonable and prompt efforts to either correct the mislabeled information or delete it.
- Disputes. Unless specified otherwise in writing by the affected parties, and excepting any small claims disputes, all disputes shall be resolved by binding arbitration by the American Arbitration Association. By agreeing to arbitration in this agreement, the parties consent to waiver of a jury trial. If LE is a party to any dispute (whether in small claims court, arbitration, or otherwise), jurisdiction shall be set in Los Angeles, California. Otherwise (that is, if LE is not a party), jurisdiction shall be set in the location where the consumer product was delivered (or was scheduled to be delivered) to the Customer.
- Intellectual Property License. LeMarketly is made available to the parties by a limited license, and all rights in LeMarketly are reserved to LE. LE grants to each party using LeMarketly a limited, revocable, non-transferable license to use LeMarketly on appropriate and compatible devices that the party owns or controls, provided that such a party may not circumvent this standard and personal LeMarketly license described in this paragraph by attempting to (1) modify, replicate, distribute, share, or otherwise cause LeMarketly to be made available to multiple devices simultaneously, or (2) sell, transfer, redistribute, or sublicense LeMarketly. However, when a party sells or otherwise transfers their business, they are authorized to transfer their LeMarketly account to the transferee, subject to the Terms of this Agreement and subject to LE’s right to terminate the account. In the event a LeMarketly upgrade is made available to a party, then any applicable upgrade license terms will also apply.
Service Limitations and Requirements.
- Customers must be at least eighteen years old to utilize LeMarketly.
- Alcohol purchases can only be dropped off with a person aged 21 or older. For alcohol purchases, the Delivery Person reserves the right to refuse delivery where the recipient cannot provide proper Identification matching the order and showing legal age. Valid forms of identification must include a photo identification, such as: a valid driver license; a passport, or (iii) a valid Armed Forces ID card. Delivery Persons may also refuse to deliver alcohol to anyone visibly intoxicated or otherwise presenting an observable danger to themselves or others.
- Alcohol and tobacco deliveries may be limited in some markets and locales.
- All parties recognize that proprietary content of LE is protected by applicable intellectual property laws, and the parties further agree by contract that no party will violate or misuse the intellectual property of another party.
- All parties agree not to modify, create derivative works of, sell, license or in any way exploit LeMarketly. The parties agree not to reproduce, distribute, publish, stream or broadcast any part of LeMarketly without prior written authorization
- The parties agree not to circumvent or attempt to circumvent any security or other features of LeMarketly designed to limit access.
- The parties agree not to harvest or mine content from LeMarketly, or otherwise access or use LeMarketly inconsistently with an individual and appropriate use.
- Representations. By using the LeMarketly service, you represent that you are at least eighteen (18) years old; you are in good standing with LeMarketly (i.e., no previous suspensions of service with LeMarketly); and you will comply with and all applicable laws and regulations for your jurisdiction; if you are using LeMarketly on behalf of an organization or artificial entity, then you represent that you have authority to agree to these Terms on behalf of that organization or entity. You agree that the information you provide to LE is accurate and that you will keep it up-to-date at all relevant times.
Payments. Multiple features of LeMarketly require LE to process payment information for a party. LeMarketly is structured so that parties are prompted to confirm payments before submitting finally to LE. Unless otherwise agreed mutually in writing, all payments are non-refundable. Certain services provided by LE may incur a fee or surcharge to the party requesting or utilizing the service, and such fees and surcharges may change over time in LE’s discretion. Parties are encouraged to check LE’s current statement of fees for up-to-date information before executing new orders.
- Customers submitting payment information to LE authorize LE and the applicable Store to process payments for orders according to the payment method specified in the Customer account. New payment methods and certain existing payment methods (i.e., credit card) will incur a temporary pre-authorization hold prior to LE’s verification of the Customer’s account and available credit or balance for the intended purchase. Upon completion or cancellation of the Customer’s order, the pre-authorization hold is lifted within approximately 2-4 business days, depending on the Customer’s account holder.
Refunds. Refunds, credits, and order changes are processed by LE on a case-by-case basis in the discretion of LE. LE’s policy is to diligently and with good faith assist Customers in processing these requests. However, if the Store and/or Delivery Person objects to the Customer’s request, then LE’s general policy is to withdraw from the refund/credit/order-change process to allow the applicable parties to resolve the issue or dispute civilly between themselves. This refund policy applies at all times regardless of any disruptions or downtime in LeMarketly for any reason whatsoever.
- Returning Items To A Store. Stores and Delivery Persons give the original receipt to the Customer. Delivery Persons are not obligated to return items to a Store for a Customer; however, Delivery Persons are free to independently agree to do so for a Customer as a continuation of their delivery service under the Terms of this Agreement.
- Order Changes. Customers acknowledge that after placing an order through LeMarketly, the order is processed quickly by a Store and Delivery Person. Once an order is in process, it may not be changed without the consent of the Store and Delivery Person where applicable.
- Surcharge. Cancelled orders may incur a surcharge. Customers are encouraged to check LE’s current statement of fees.
- Store Pricing. Stores are required to provide up-to-date and accurate pricing to Customers through LeMarketly. In the event that the current price of a consumer product has not posted to LeMarketly, then the Store agrees to cancel the order and provide the Customer a refund. If the product has already been purchased and delivered to the Customer (or is in the process of delivery by the Delivery Person), then the Store agrees to abide by the pricing then published on LeMarketly.
- Store Inventory. Stores upload desired inventory to LeMarketly. LE is not responsible for the accuracy of inventory data and information provided by Stores. Rather, Stores are responsible for actively monitoring inventory data to ensure its accuracy before uploading to LeMarketly and after uploading to LeMarketly while it is being showcased to Customers. LE reserves the right to delete inventory entries in LE’s discretion. Custom inventory items may be subject to LE’s advance approval prior to appearing online.
- Customer Specifications. When purchasing a consumer product, Customers have the option to make comments & specifications (i.e., “large ripe tomatoes please”) and also replacement options (i.e., ‘If no organic free trade shade-grown bird-friendly coffee, then regular organic coffee’). Stores, and Delivery Persons where applicable per section 11b, agree to read Customer comments & specifications and options and fulfill these Customer requests to the fullest extent reasonable and commercially practicable. Customers agree to be reasonable with Delivery Persons and Stores in all parties’ requests for accommodation.
Party Communication. A party (Providing Party) may authorize LeMarketly to share that Providing Party’s contact information with another party (Receiving Party) for purposes of party communication regarding a transaction. The Receiving Party (i.e. Store and/or Delivery Person) is responsible for maintaining the privacy of the Providing Party’s contact information, including but not limited to refraining from selling the contact information or using it for future promotional purposes without the express consent of the Providing Party.
- For purposes of LeMarketly operations or a specific transaction, parties agree to receive text messages and phone calls at the phone number provided to LE and/or the sender, and also emails to the email address provided to LE and/or the sender, and also written correspondence to the address provided to LE and/or the sender. Parties will not be able to use LeMarketly without agreeing to receive such communications.
- For purposes of promotional communications, a party may opt-out of promotional communications with the sender. Otherwise, a party may receive text messages, phone calls, emails, or written communications to the contact information provided to the sender.
- Off-Site Links. LeMarketly may contain offsite links. LE is not responsible for and does not specifically endorse or accept any responsibility for the contents or use of these third party websites. LE provides these links as a convenience only, and the inclusion of any link does not imply endorsement by LE. It is each party’s responsibility to take precautions to ensure that whatever they select for their own use is suitable for their own needs and free of viruses or other harmful items.
- Delivery Fees. Where multiple stores are selected during a purchase order, the Customer acknowledges that multiple delivery fees will apply.
- Tips. Customers are free and encouraged to give monetary tips to Delivery Persons. Such tips are solely the income of the Delivery Person, and are not received or accounted in any manner by LE or Stores.
- Ratings and Reviews. All parties may utilize LeMarketly to submit reviews or ratings of other parties with whom they have transacted through LeMarketly. LE retains full discretion to moderate and delete any reviews and ratings. Each party agrees to be reasonable, fair, and honest in their review and rating of another party.
User Submissions. Except where expressly provided otherwise by LE, all comments, feedback, information or content submitted to LE through or in association with LeMarketly (“Submissions”) shall be considered non-confidential, and LE shall be free to use such Submissions on an unrestricted basis or as provided by an agreement with LE.
- Each party making Submissions grants LE a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use the Submissions for any reasonable purpose.
- Each party acknowledges that they are responsible for their own Submissions’ copyright and legal compliance, as well as reliability and appropriateness. LE may, but is not obligated to, monitor areas on LeMarketly where users post reviews and communications. To the fullest extent of the law, LE will not be liable for the content of such reviews and communications, whether or not arising under the laws of copyright, libel, privacy, or otherwise.
- Nonpayments. If payment for purchases on a Customer’s account is delinquent, your account information may be sent to a collection agency / debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If you have questions regarding an outstanding balance on your account, please contact us.
- The Customer is responsible for providing the Delivery Person with access to the Customer’s designated delivery location. Delivery Persons are entitled to rely upon their reasonable interpretation of the description of the Customer’s delivery location.
- If a Customer requires delivery to a person at a location, then the Delivery Person may only drop off the goods with a person at Customer’s designated location. If a person is not present at the designated delivery location when the Delivery Person arrives to complete the delivery, then the Delivery Person may either (1) attempt to contact the Customer to schedule delivery at a later time, or (2) return the order to the Store so that Customer can pick up at Customer’s earliest opportunity within a reasonable time – and in either case, LE reserves the right to charge the Customer the full amount of the Order, along with a redelivery surcharge. Customers are encourage to check LE’s current statement of fees.
- If a Customer allows drop-off to an unmanned location, then the Delivery Person may drop off the goods at the Customer’s designated location. Delivery Person may take a photo of the dropped off order and upload to LeMarketly for Customer’s convenience.
- Whether a delivery is late depends on the Customer’s reasonable expectations. If a Customer demands delivery at a precise time in order to satisfy the Customer’s expectations, the Customer must indicate such timing necessity in clear terms in the Customer specifications; otherwise, delivery times are governed by general standards of reasonableness.
- If goods are damaged in transit, the party that assumes the risk of damaged goods is LE, provided that the damage is identified by the Customer at the time of delivery by the Customer notifying the Delivery Person. And in such event, LE may recover 30% of the refund from the Delivery Person, and 70% of the refund from the Store. In all other situations, if goods are damaged, the party that assumes the risk of damaged goods is Customer.. Liability under this section 23e is limited to the cost of the consumer product.
- Subscription Services. LE may offer special subscription services to Customers, which shall be governed by the Terms of this Agreement, and also the Customer’s Subscription Service Agreement.
Applicability of Terms and Limitations of Liability. This Agreement governs LE’s relationship with each party. This Agreement also governs each party’s relationship with other parties with whom those parties transact utilizing LeMarketly, and all such parties remain free to have additional agreements and terms between themselves as they may agree in writing, provided that no such additional terms shall be interpreted to conflict with or supersede this Agreement with respect to LeMarketly specifically. Certain Stores and Third Party Service Providers may request a Customer’s agreement or Delivery Person’s agreement to additional terms for purposes of a transaction or license, and LE disclaims any and all responsibility or liability arising from such agreements.
- When Customers use LeMarketly to purchase consumer products from Stores, the Store and the Customer are the primary parties, and LE is an independent third party. Any representations, terms, warranties, or disputes related to such a Customer’s purchase of consumer products from a Store, is solely between the Customer and the Store. LE shall have no liability or responsibility for any transaction between a Customer and a Store, except where liability is required by law or this Agreement.
- When Customers and Stores use LeMarketly, they engage Delivery Persons to provide delivery services. When Customers and Stores interact with those Delivery Persons, any interactions or disputes between the Customer, Store, and/or Delivery Person are solely between such parties. LE shall have no liability or responsibility for any transaction between Customers, Stores, and/or Delivery Persons, except where liability is required by law or this Agreement.
- Any party’s use of a LeMarketly logo on sales and marketing or other materials relating to consumer products or services shall in no way be construed as LE giving ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. LE MAKES NO REPRESENTATIONS, WARRANTIES OR OTHER ASSURANCES IN RELATION TO ANY PART OR FUNCTION OF ANY CONSUMER PRODUCTS OR SERVICES.
- Intellectual Property. The Content provided on this website is the intellectual property of LE, and third parties where applicable, and includes but is not limited to information, documents, logos, graphics, images, and software (“Content”). Except as permitted herein or otherwise agreed in writing, Content on LeMarketly may not be copied, republished, mirrored, or transmitted without the express written permission of LE and/or the applicable third party. Where access is permitted, LE grants you permission to display, copy, download, and distribute for informational purposes the Content provided to you, so long as the appropriate copyright attribution is given to LE and/or applicable third parties. See the contact information below if you have any questions about such access or attribution. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you agree to immediately delete or discard any downloaded Content in your possession. Except where expressly allowed herein by LE and/or the applicable third party, nothing on LeMarketly shall be construed to confer any license or sale under any of LE’s or any of third party’s intellectual property rights. Parties utilizing LeMarketly acknowledge sole responsibility for obtaining any such licensure rights through the appropriate channels. Please see the contact information below if you have any questions about obtaining licenses from LE.
- LeMarketly IS PROVIDED “AS IS,” AND LE DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS, WARRANTIES, AND GUARANTEES, TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING WITHOUT LIMITATION WITH REGARD TO TIMELINESS, SECURITY, QUALITY, AVAILABILITY, SUITABILITY, ACCURACY, AND COMPLETENESS. THIS DISCLAIMER APPLIES ALSO TO CONTENT, SERVICE, AND CONSUMER PRODUCTS PROVIDED BY OTHER PARTIES.
- LE RELIES UPON STORES AND CONSUMER PRODUCT LABELS TO PROVIDE ACCURATE DIETARY INFORMATION, ALLERGEN WARNINGS, AND GENERAL PRODUCT SAFETY INFORMATION. LE DOES NOT ACTUALLY WARRANT THAT ANY SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. RATHER, ALL CONTENT IS ONLY PROVIDED FOR INFORMATIONAL PURPOSES. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH LeMarketly IS SOLELY AT THE RISK OF PERSONS USING OR OTHERWISE HANDLING THE CONSUMER PRODUCTS.
- LE DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONSUMER PRODUCT, AND LE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN CUSTOMERS AND STORES OR AND THIRD-PARTIES.
- DELIVERY PERSONS ARE SOLELY RESPONSIBLE FOR MANAGING THEIR OWN VEHICLES, AND TRAVELLING PROPERLY, SAFELY, AND SECURELY. LE DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY DELIVERY PERSON, AND LE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY DELIVERY SERVICE BETWEEN CUSTOMERS, STORES, AND DELIVERY PERSONS.
- Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL LE BE LIABLE TO ANY PARTY OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, PUNITIVE DAMAGES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER OR NETWORK FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL LE’S TOTAL LIABILITY EXCEED THE CUSTOMER’S COST OF THE TRANSACTION AT ISSUE, OR $500, WHICHEVER IS LESS.
ASSUMPTION OF RISK AND RELEASE OF LIABILITY. CUSTOMERS UNDERSTAND THAT BY USING DELIVERY PERSONS, THEIR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT THE CUSTOMER CHOOSES TO ENGAGE DELIVERY PERSONS AT THEIR OWN RISK. EACH PARTY EXPRESSLY WAIVES AND RELEASES LE FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO CUSTOMERS, DELIVERY PERSONS, AND STORES. LE DOES NOT INDEPENDENTLY VERIFY OR ASSESS THE CHARACTER, SKILL, QUALITY, OR SAFETY OF PERSONS UTILIZING LeMarketly. NOR DOES LE INDEPENDENTLY VERIFY OR ASSESS THE LEGALITY OF THE CONSUMER PRODUCTS PROVIDED BY STORES. LE WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN CUSTOMERS, DELIVERY PERSONS, STORES, OR THIRD PARTIES. EACH PARTY ASSUMES RESPONSIBILITY FOR THEIR OWN CONDUCT, AND FULLY ASSUMES THE RISK OF THEIR OWN DECISIONS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:
- A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
- Electronic Commercial Service. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding LeMarketly.
- Legal Compliance. It is each party’s responsibility to use LeMarketly solely for lawful purposes. In this respect a party may not, without limitation (a) intercept or monitor any equipment that is not their own; (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, damage, unreasonably delete or disassemble Content or software; (c) cause or intend to cause unfair embarrassment or distress to, or to unfairly threaten, harass, or harm anyone. LE operates this Website from California and makes no representation that the Content is available for use outside the United States of America. If a party accesses this site from another location, it is by their own initiative and it is their own responsibility to comply with the laws of their jurisdiction, as well as any applicable import/export laws.
- Indemnification. A party (‘Responsible Party’) using LeMarketly shall defend and indemnify LE and its agents (at LE’s option) against any Claim made or brought against LE by another party or a third party arising out of the Responsible Party’s providing of a consumer product, warranty, service, violation of this Agreement, violation of an intellectual property right, breach of contract, negligence, willful misconduct, or crime. Such indemnity shall cover any damages awarded against LE, and for reasonable attorney’s fees incurred by LE, in connection with any such Claim; provided, that LE promptly gives Responsible Party written notice of the Claim. Where Responsible Party provides defense, Responsible Party shall have reasonable control of the defense and any settlement of the Claim (provided that Responsible Party may not settle any Claim without LE’s advance written consent). LE reserves the right, at LE’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section (without limiting indemnification obligations hereunder) and the Responsible Party agrees to reasonably cooperate with LE’s defense of that claim.
- Updates and Amendments. LE may make improvements and/or changes to LeMarketly at any time and without notice. Likewise, Stores may update their own content on LeMarketly at any time and without notice. LE may amend these Terms upon 10-days advance written notice, which amendments shall be binding on all parties.
Legal Contact Information
700 North Brand Blvd, Suite 910
Glendale, California 91203
- Notice. LE may give notice by email to notify parties of updates or changes to their accounts. It is the account holder’s responsibility to ensure the email on file with LE is correct and updated.
- This Agreement shall take effect when electronically accepted by a party.
- A party may terminate this Agreement at any time upon 3-days advance notice, or immediately if the other party breaches the terms of this Agreement. Upon the giving of a termination notice, an account may be immediately suspended. Both parties agree that the opportunities presented by this Agreement constitute adequate consideration for such a termination right. Except as otherwise stated herein, neither party shall be responsible to the other for any costs or damages resulting from the termination of this Agreement.
- Upon termination, LE shall take commercially reasonable efforts to remove the terminating party’s account from LeMarketly, and LE may exercise discretion to retain an archive of the terminating party’s account and any data for record-keeping purposes.
- The provisions of this Agreement that by their nature extend beyond the applicable expiration date or other termination of this Agreement will survive and remain in effect until all obligations are satisfied.
- Waiver. Failure of LE to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
- Validity of Provisions. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the invaldity or enforceability of this Agreement.
- Force Majeur. No party shall be liable to any other party for any failure or delay in performance of its obligations under this Agreement due to any force majeur, labor strike, adverse weather conditions, shortage of materials, war, invasion, acts of a public enemy, governmental preemption in connection with a national emergency, riot, laws, rules, regulations or order of governmental or military authorities, or failure of the Internet.
Last Updated: June 5, 2017