Lessen website terms of use

Last updated: May 5, 2022

These website terms of use (“Terms of Use”) are entered into by and between you and Lessen, Inc. (“Lessen”, “we”, “us” or “our”) and govern your access to and use of https://www.lessen.com, (the “Website”).  The term “you,” as used in these Terms of Use, means any person or entity who accesses or uses the Website.  
Please read these Terms of Use carefully before you use the Website.  By using the Website, you accept and agree to be bound and abide by these Terms of Use.  The Website is offered and available to users who are 18 years of age or older.  By using the Website, you represent and warrant that you meet the foregoing eligibility requirements.  If you do not accept these Terms of Use, please do not access or view the Website.
Additional terms and conditions may apply to your relationship with us, such as for example, if you are a user of the Lessen Platform.  These Terms of Use do not alter any existing agreement or other terms that you and Lessen have entered into.
THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION.  SEE BELOW.
  1. CHANGES TO THE TERMS OF USE
    We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them, and your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.  
  2. ACCESSING THE WEBSITE
    We reserve the right to terminate, alter, or amend the Website, any service or material we provide on the Website, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
  3. INTELLECTUAL PROPERTY RIGHTS
    The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Lessen, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property rights laws.  All rights not specifically granted herein are reserved by Lessen.
    You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except for your personal use.  If we provide social media features, you may take such actions as are enabled by such features.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except for your personal use.  If we provide social media features, you may take such actions as are enabled by such features.
You must not:
No right, title or interest in or to theWebsite or any content on the Website is transferred to you under any circumstances, and all rights not expressly granted are reserved by Lessen.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
We may incorporate third party software as part of the Website, and any such third party software may be subject to additional terms provided by a third party licensor to Lessen.
  1. YOUR INFORMATION
    You grant to Lessen a non-exclusive license to copy, use and display any and all data, information or communications (including personally identifiable data) sent to Lessen or entered by you while accessing the Website (your “Information”) to the extent necessary for Lessen to operate the Website, its business, and/or to facilitate interactions or transactions with you.  You acknowledge that Lessen exercises no control whatsoever over the content of your Information and it is your sole responsibility, at your own expense, to provide the Information, and to ensure that the Information you transmit or receive complies with all applicable laws and regulations now in place or enacted in the future.  Lessen is under no obligation to review your Information for accuracy, potential liability or for any other reason. 
  2. TRADEMARKS
    All trademarks, service marks, logos and trade names which appear on the Website, whether registered or not (including but not limited to: the word mark “Lessen” and the Lessen logo, and the word mark “Property Services, Simplified.”  and the associated logo) (the “Marks”) are and shall remain the exclusive property of Lessen or its licensors (as applicable) and are protected by applicable intellectual property and trademark laws and treaties.  You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Lessen’s prior consent, which shall be in Lessen’s sole discretion.  The use of any of the Marks on any other website is prohibited without the express written consent of Lessen.
  3. PROHIBITED USES
    You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website:

Additionally, you agree not to:

  1. NO RELIANCE ON INFORMATION POSTED
    The information presented on or through the Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness, timeliness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

    While we may periodically update or correct information presented on this Website, and such information, or other information on this Website, may include typographical errors and/or technical inaccuracies and/or omissions.  We make no representation or warranty as to the accuracy of any information on this Website and expressly disclaim any obligation to update such information.  We also reserve the right to make additions, deletions or modifications to any information at any time and from time to time without any prior notice.

    The Website may include content provided by third parties.  All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of Lessen.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
  2. COMMUNICATIONS AND FEEDBACK
    When you use parts of the Website or send emails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by email or by posting notices on the Website.  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 and are effective immediately.

    You may provide feedback, ideas and suggestions to Lessen (collectively, “Suggestions”).  If you provide any Suggestions, you agree that: (i) your Suggestion(s) become our property and you are not owed any compensation in exchange; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.
  3. PRIVACY
    Our Privacy Policy located at https://www.lessen.com/privacy-policy (“Privacy Policy”), describes our collection, use and disclosure of data and information in connection with the Website.  Our Privacy Policy is expressly incorporated into this Agreement, and by using the Website you agree to the collection, use and disclosure practices in our Privacy Policy.
  4. LINKS FROM THE WEBSITE
    The Website may contain links to websites that are owned and controlled by third parties that are not within Lessen’s control, which are for your convenience only.  The sites you can link to have their own separate terms and conditions and privacy policies, which we encourage you to review prior to using such sites.  We are not responsible and cannot be held liable for the content and activities of these sites.  You therefore visit/access these sites entirely at your own risk.
  5. DISCLAIMER OF WARRANTIES
    YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.  NEITHER LESSEN NOR ANY PERSON ASSOCIATED WITH LESSEN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER LESSEN NOR ANYONE ASSOCIATED WITH LESSEN REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS.  WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE WEBSITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING AND USING THE WEBSITE AND THE CONTENT.
  6. LIMITATION ON LIABILITY
    IN NO EVENT WILL LESSEN, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  7. ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER
    Neither you nor we will be able to sue in court in connection with any action or claim related to or in connection with the Website or your use thereof (“Claim”).  All Claims must be resolved through individual (non-class) arbitration.  You indicate your acceptance to these Terms of Use, including this agreement to arbitrate, by continuing to use the Website after having the opportunity to review these Terms of Use.

    You and Lessen intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A.  §§ 1–16.

    You and Lessen waive any rights to maintain other available resolution processes for Claims, such as a court action or administrative proceeding, to settle disputes.  You and Lessen waive any right to a jury trial for Claims.

    Instead of litigating in court, we each agree to handle and settle Claims solely by binding arbitration conducted in Phoenix.  Arizona before one arbitrator.  The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/.  Judgment on the award may be entered in any court having jurisdiction.  This provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  If for any reason, JAMS cannot or will not provide this arbitration, you or Lessen may ask any court of competent jurisdiction to select an arbitrator from a list provided by you and Lessen.

    You agree that you will not file a class action against Lessen, or participate in a class action against Lessen.  You further agree that you will not file or seek a class arbitration, or participate in a class arbitration against Lessen.
  8. INTERNATIONAL USERS
    We operate the Website from the United States of America.  If you choose to access the Website from outside of the United States, you are responsible for complying with applicable local laws.
  9. GOVERNING LAW
    These Terms of Use are governed by the laws of the State of New York without giving effect to any principles of conflict of law.
  10. YOUR COMMENTS AND CONCERNS
    All feedback, comments, requests for technical support and other communications relating to the Website should be directed to legal@lessen.com.

    LESSEN, Inc.
    4800 N.  Scottsdale Rd., Suite 5000
    Scottsdale, AZ 85251
    Phone: (480) 576-7200