Terms & Conditions

LeaseAlpha Term of Use

Effective Date: July 12, 2024

LeaseAlpha Website Terms of Use

Welcome to the website www.leasealpha.com (the “Site”). The Site is operated by LeaseAlpha, LLC, a Massachusetts limited liability company (“we”, “us” or “LeaseAlpha”).  By accessing or using the Site you (you are referred to hereafter as “you” or “your”) signify that you have read, understand and agree to be bound by these Terms of Use.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and we will indicate at the top of this page the date upon which the most recent version of these terms became effective. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.

If you do not agree to abide by these or any future Terms of Use or the Privacy Policy, do not use or access (or continue to use or access) the Site or the platform available to registered users made available at the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. 

Please read these Terms of Use carefully, as they contain important information regarding your legal obligations, remedies, and rights, including various limitations and exclusions.

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

Proprietary Rights in Site and Site Content.

All content on the Site, including designs, computer code, text, graphics, pictures, music, sound, and other works and their selection and arrangement (collectively, the “Site Content”) is the property of LeaseAlpha, its licensors, or other third parties. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without LeaseAlpha’s prior written permission. You are granted a limited license to access and use the Site and the Site Content in accordance with these Terms of Use, including any password-restricted areas to which you have properly gained access, solely for your internal purposes. You may not upload or republish Site Content on any Internet, intranet or extranet site or incorporate the information in any other database or compilation.  Any use of the Site Content outside this limited license is strictly prohibited. Such license does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights.

Prohibited Conduct

You may not use this Site for any unlawful purpose.  You may not use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.  You may not use any robot, spider, scraper, automated scripts or other automated means to access the Site or content or services provided on the Site for any purposes. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means or use the Site in a manner that could damage, disable, or impair the Site. LeaseAlpha may disable your access to the Site at any time, for any or no reason, and without notice to you, subject to these Terms or to the terms of the User Agreement.

Privacy

You agree that you have read, understood and accept the terms of LeaseAlpha’s Privacy Policy. This policy governs the collection, use and sharing of personal and non-personal information from you when using the Site, including any portions of the site that require user name/password credentials for access.

Your Linking to Site

You are granted a limited, non-exclusive right to create a hyperlink to the Site’s home page, provided such link does not portray LeaseAlpha or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and does not create the appearance of affiliation with or sponsorship by LeaseAlpha.  You may not use any logo or other proprietary graphic or trademark of LeaseAlpha to link to any page of this Site without the express written permission of LeaseAlpha.  This limited right may be revoked at any time.

Links to Other Websites

The Site may contain links to other websites that are not under the control of LeaseAlpha.  The inclusion of any link does not imply endorsement by LeaseAlpha of such site and LeaseAlpha is not responsible for the content of such linked sites. If you decide to leave the Site and access a third-party website, you do so at your own risk.

Disclaimer of Warranties

The Site, Site Content and the other content and services made available on the Site are provided on an “as is” and “as available” basis.  LeaseAlpha does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site Content, or any advice or services provided through the Site to the extent permitted by law.  LeaseAlpha does not warrant that access to the Site or Site Content will be uninterrupted or error-free, that defects in the site will be corrected, or that the Site is free from viruses or other harmful components.

You expressly agree that use of the Site, including all content, data or software distributed by, downloaded or accessed from or through the Site, is at your sole risk.

Limitation of Liability

Under no circumstances shall LeaseAlpha, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages (even if it has been advised of the possibility of such damages), including but not limited to such damages for lost data, due to your use of this Site or due to your reliance on any of the content contained or the services provided on or through the Site.

Indemnification

You agree to indemnify and hold harmless LeaseAlpha, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, harm, actions or demands, damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of, resulting from, or alleged to arise out of or result from: (1) your use of this Site; (2) your violation of these Terms of Use or the User Agreement, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use; or (3) your use of any information obtained from the Site.

Brokerage Services

You acknowledge that LeaseAlpha may provide users of the Site with the opportunity to engage its affiliate, LeaseAlpha Real Estate, LLC, for brokerage services in connection with prospective commercial and financial transactions, including leasing transactions, for jurisdictions in which such entity is licensed as a commercial broker.  LeaseAlpha may use your contact information in a manner consistent with its Privacy Policy to reach out to you and make you aware of such opportunities.

Comments and Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the service provided on the Site (“Comments”), provided by you to LeaseAlpha are non-confidential and that LeaseAlpha shall be entitled to the unrestricted use and dissemination of these Comments for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Governing Law and Venue

These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America.  All disputes arising under, or in any way connected with use of the Site, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Massachusetts and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in Commonwealth of Massachusetts. 

Miscellaneous Terms

LEASEALPHA and the LeaseAlpha Logo are trademarks of LeaseAlpha.  You agree not to display or use these trademarks in any manner without LeaseAlpha’s prior, written permission.

LeaseAlpha may assign this agreement at any time. You may not assign or transfer this agreement.

If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

The failure of LeaseAlpha to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any instance.

These Terms of Use, the User Agreement, the Privacy Policy, and any additional terms you assent to in the course of using the Site constitute the sole and entire agreement between you and LeaseAlpha regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

No waiver by LeaseAlpha of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LeaseAlpha to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Effective Date

These Terms of Use were last revised on  July 12, 2024.

Contact Us

If you have any questions or suggestions regarding these Terms of Use, please contact LeaseAlpha at: LeaseAlpha, By e-mail: contact@leasealpha.com

LeaseAlpha Platform User Agreement

This LeaseAlpha Platform UserAgreement (“Agreement”) is a binding agreement entered into on the date upon which you click “I Agree” after reading the terms below (the “Effective Date”), and is between you (“End User” or “you” and LeaseAlpha, LLC, a Massachusetts limited liability company (“LeaseAlpha”). This Agreement governs your access to and use of LeaseAlpha’s platform, which provides data and calculations regarding commercial lease terms  (the LeaseAlpha platform, the services provided there, including any and all supporting documentation, are referred to herein collectively as the “Platform”). The Platform is licensed, not sold, to you.  

By using the Platform, you (a) acknowledge that you have read and understand this Agreement; (b) represent that you are 18 years of age or older; and (c) accept this Agreement and agree that you are legally bound by its terms.  If you do not agree to these terms, you may not register to access or use the Platform.

1.  Registration/Collection and Use of Your Information.  In the course of using the Platform you may have the option of signing up on a registered user basis by submitting information about you for purposes of creating a user profile.  By submitting information that identifies you or others directly or indirectly, you agree to the use of that information as described in the Privacy Policy, the terms of which are incorporated by reference into this Agreement.  You acknowledge that when you use the Platform, LeaseAlpha may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Platform. By downloading, installing, using, and providing information to or through the Platform, you consent to all actions taken by LeaseAlpha with respect to your information and User Content (as defined below) in compliance with the Privacy Policy. 

2.  User Name/Password Protection.  You also will be required to choose a username and password for your account. You agree that you are entirely responsible for safeguarding and maintaining the confidentiality of the username and password you use to access the Platform. You authorize LeaseAlpha to assume that any person using the Platform with your username and password is you or is authorized to act for you. You agree to notify us immediately by sending an email to contact@leasealpha.com if you suspect any unauthorized use of your account. 

3.  Your Responsibilities. 

(a)  You have and will retain sole control of all access to and use of the Platform by any individual using your Platform logon credentials, including any: (i) information, instructions, or materials posted by or provided by any individual within the Platform; (ii) results obtained from any use of the Platform; and (iii) conclusions, decisions, or actions based on such use.

(b)  You have and will retain sole responsibility for: (a) all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly from you, or from any individual using the Platform under your logon credentials, by or through the Platform or that incorporates or is derived from the storage, compilation or management of such information, data, or content by or through the Platform; (b) all information, instructions, and materials iprovided by or on behalf of you or by any individual using the Platform under your logon credentials; (c) your information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by you or through the use of third-party services; (d) the security and use of your Platform access credentials; and (e) all access to and use of the Platform directly or indirectly by you or any individual using the Platform under your logon credentials, with or without your knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use.

4.  Pricing and Payment. 

(a)  Pricing. LeaseAlpha initially and for a limited time is making the Platform available for free.  LeaseAlpha reserves the right to begin charging for access to the Platform at a time of its choosing and without prior notice to you.  When LeaseAlpha begins charging you will be directed to a payment information page when you next attempt to login to access the Platform.   

(b)  Pricing Increases. LeaseAlpha may increase the pricing at its sole discretion.

5.  User Content. 

(a)        The Platform allows you to submit, upload, publish or otherwise make available to LeaseAlpha content authored by you or others and data arranged and compiled by you or others (“User Content”).  Any User Content provided by you in which you or others own rights remains your property, or the property of others where applicable.  However, by posting User Content within the Platform and submitting the User Content to LeaseAlpha, you grant LeaseAlpha a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to use, edit, copy and distribute such User Content for any purpose in all formats and distribution channels now known or hereafter devised (including in connection with the Platform and LeaseAlpha’ business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

(b)       You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant LeaseAlpha the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor LeaseAlpha ’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(c)        LeaseAlpha will exert commercially reasonable efforts to carry out the services rendered via the Platform in an error-free manner.  You understand that LeaseAlpha does not warrant accuracy or a lack of data processing errors.  Furthermore, you agree to engage in validation review of the User Content that you submit to the Platform, and of data outputs generated by the Platform, to independently ensure the integrity and usability of the data, and to inform LeaseAlpha of any errors, inconsistencies or issues that should be addressed.  

6.  Prohibited Uses of Platform. 

(a)        You agree not to access (or attempt to access) the Platform by any means other than through the website interface that is provided by LeaseAlpha.  You agree that you will not copy or scrape, through manual or automated means, any data from the Platform apart from your use of the data needed by or useful to you for your individual use consistent with the intended use of the Platform.  You agree that you will not engage in any activity that interferes with or disrupts the Platform (or the servers and networks which are connected to the Platform). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Platform for any purpose. You agree that you are solely responsible for (and that LeaseAlpha has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which LeaseAlpha may suffer) of any such breach.

(b)       You agree that you shall not transmit to LeaseAlpha or upload to or through the Platform (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Platform for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

(c)        Without limiting the foregoing and by way of example only, users may not:

  1. Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
    1. sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
    1. imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
    1. sending messages to users who have asked not to be contacted;
    1. selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
    1. using LeaseAlpha contacts in violation of LeaseAlpha policy, as determined by LeaseAlpha, including, for example, as indicated by low response rates from those persons contacted.
  2. Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same.
  3. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
  4. Conduct or forward pyramid schemes or similar programs.
  5. Transmit content that may be harmful to minors.
  6. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
  7. Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission.
  8. Violate the legal rights (such as rights of privacy and publicity) of others.
  9. Promote or encourage illegal activity.
  10. Interfere with other LeaseAlpha users’ enjoyment of the Platform.
  11. Create user accounts by automated means or under false or fraudulent pretenses.
  12. Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any LeaseAlpha account.
  13. Modify, adapt, translate, or reverse engineer any portion of the Platform.
  14. Reformat or frame any portion of the web pages that are part of the Platform without LeaseAlpha’ explicit written permission.
  15. Contact other LeaseAlpha users about multi-level marketing (MLM) programs or any topics LeaseAlpha considers detrimental to its users.
  16. Create multiple LeaseAlpha accounts without permission.
  17. Bypass any limitations or suspensions of functionality.
  18. Provide false information.

7.  License Grant. Subject to the terms of this Agreement, LeaseAlpha grants to you a limited, non-exclusive, non-sublicensable and nontransferable license to use the Platform for the Term strictly in accordance with the Platform’s documentation.  For the avoidance of doubt, this license does not entitle you to distribute or re-sell the Platform or any data accessed through or created or compiled by the Platform.

8.  License Restrictions. You shall not:

            (a)  copy the Platform, except as expressly permitted by this Agreement;

      (b)  modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platform;

                  (c)  reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;

                 (d)  remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof;

                 (e)  rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, the data accessed through the Platform, or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time; or

                 (f)  remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform.

9.  Reservation of Rights. The Platform and its entire contents (other than materials you submit), 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 LeaseAlpha, 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 or proprietary rights laws.  You acknowledge and agree that the Platform is provided under license, and not sold, to you. You do not acquire any ownership interest in the Platform or the data accessible through the Platform under this Agreement, nor do you acquire any other rights thereto other than to use the Platform in accordance with the license granted, and subject to all terms, conditions, and in accordance with the Platform’s documentation.  LeaseAlpha reserves and shall retain its entire right, title, and interest in and to the Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

            You or a third party own all content that you or any individual using the Platform under your logon credentials submit to the Platform, and LeaseAlpha disclaims ownership of or responsibility for such content.  You hereby irrevocably grant all rights and permissions in or relating to such content as is necessary or useful to LeaseAlpha to enforce this Agreement and exercise LeaseAlpha’ rights and perform LeaseAlpha’ obligations hereunder.

           

10.  Updates. LeaseAlpha may from time to time in its sole discretion develop and provide Platform updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that LeaseAlpha has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. If you access the Platform via a mobile application, and depending upon your mobile device settings, when your mobile device is connected to the internet either:

    (a)  the Platform will automatically download and install all available Updates; or

    (b)  you may receive notice of or be prompted to download and install available Updates.

            You shall promptly download and install all Updates and acknowledge and agree that the Platform or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Platform and be subject to all terms and conditions of this Agreement.

           

11.  Third-Party Materials. The Platform may display, include, or make available other users’ and other third-party content (including data, information, applications and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that LeaseAlpha is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. LeaseAlpha does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

12.  Representations and Warranties.

            You represent and warrant that:

            (a)  you are in compliance with and will comply with all laws applicable to your use of the Platform;

            (b)  you own or otherwise have and will have the necessary rights and consents in and relating to all User Content that you or any individual using the Platform under your logon credentials submit to the Platform so that, as received by LeaseAlpha and stored and shared within the Platform, such content does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights, privacy right or other rights of any third party or violate any applicable law;

            (c) you have the right and authority to enter into this Agreement; and

            (d) your entering into this Agreement with LeaseAlpha and your performance of your obligations under the Agreement do not and will not conflict with or result in any breach or default under any other agreement to which you are subject.

           

13.  Term and Termination.

            (a)  The term of Agreement commences on the Effective Date and will continue in effect until terminated by you as set forth below in Section 13(b) or by LeaseAlpha as set forth below in Section 13(c).

            (b)  You may terminate this Agreement by permanently refraining from use the Platform.

            (c)  LeaseAlpha may terminate this Agreement at any time without notice if it ceases to support the Platform, which LeaseAlpha may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically, and LeaseAlpha reserves the right to disable your or any individual’s access to the Platform, without any notice if you violate any of the terms and conditions of this Agreement.  This Section 13(c) does not limit any of LeaseAlpha’ other rights or remedies, whether at law, in equity, or under this Agreement.  

            (d)  Upon termination:

  • all rights granted to you under this Agreement will also terminate;
  • LeaseAlpha’s license to use the User Content, including all data you inputted to the Platform, set forth in Section 5(a) shall survive, and

(ii)       you must cease all use of the Platform and, if applicable, delete all copies of the Platform from your mobile device and account.

            (e)  Termination will not limit any of LeaseAlpha’ rights or remedies at law or in equity.  Moreover, upon termination or expiration of this Agreement Sections 1, 5(a), 5(b), 8, 9, 11, 12, 13(d), 13(e), 14, 15, 16 and 20 and any other provision of this Agreement that by its terms would be expected to survive termination or expiration of this Agreement will survive termination or expiration of this Agreement.

           

14.  Disclaimer of Warranties. THE PLATFORM IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LEASEALPHA, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. YOU AGREE THAT LEASEALPHA CANNOT CONTROL AND IS NOT RESPONSIBLE FOR THE BEHAVIOR AND COMMUNICATIONS OF OTHER USERS. WITHOUT LIMITATION TO THE FOREGOING, LEASEALPHA PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, PLATFORMS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO IT COULD BE THAT SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS DO NOT APPLY TO YOU.

           

15.  Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LEASEALPHA, ITS PRINCIPAL OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR THE CONTENT AND SERVICES FOR:

                 (a)  PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

                 (b)  IN THE CASE OF ONE-TIME USE LICENSES, DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO LEASEALPHA FOR USE OF THE PLATFORM DURING THE ONE (1) YEAR PERIOD PRIOR TO THE EVENT THAT GIVES RISE TO YOUR CLAIM OF LIABILITY ON LEASEALPHA’ PART.

            LEASEALPHA IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE OF PERFORMANCE CAUSED IN WHOLE OR IN PART BY YOUR DELAY IN PERFORMING, OR FAILURE TO PERFORM, ANY OF YOUR OBLIGATIONS UNDER THIS AGREEMENT.  THE PLATFORM DOES NOT REPLACE THE NEED FOR YOU TO MAINTAIN REGULAR DATA BACKUPS OR REDUNDANT DATA ARCHIVES. LEASEALPHA HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF YOUR DATA.

            THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LEASEALPHA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

           

16.  Indemnification. You agree to indemnify, defend, and hold harmless LeaseAlpha and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees (collectively “Claims”), arising from or relating to your use or misuse of the Platform or your breach of this Agreement, including but not limited to the content you submit or make available through the Platform.

           

17.  Geographic Restrictions.  LeaseAlpha makes no claims that the Platform, any of its content or services are accessible or lawful outside of the United States. Access to the Platform and use of the services might not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.  Furthermore, by agreeing to the terms of this Agreement you consent to the processing of your personal data in the United States.

           

18.  Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.

           

19.  Governing Law & Venue. This Agreement is governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Platform shall be instituted exclusively either in federal court in the United States District Court for Massachusetts in Boston or in the courts of the Commonwealth of Massachusetts in Suffolk County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

           

20.  Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

           

21.  Entire Agreement. This Agreement, our Privacy Policy and any other terms that you are presented with while navigating the Platform and engaging in transactions through the Platform constitute the entire agreement between you and LeaseAlpha with respect to the Platform, and supersede all prior or contemporaneous understandings and agreements outside of this Agreement or outside of the Platform, whether written or oral, with respect to the Platform.

           

22.  Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.