Terms of Use
Last Modified: May 6, 2020
LeaseHawk, LLC (“LeaseHawk”, or “we”, “us”, or “our”, as applicable) provides the website www.leasehawk.com (the “Website”), our products such as the LeaseHawk® CRM mobile application, HawkEye, and various other software, applications, content, access points, and data related to leasing and customer relationship management services (the “Products and Services”). In this document, “use of the Website” or similar language means your accessing, visiting or browsing the website www.leasehawk.com, sending or receiving email or other electronic communications to or from us, and other similar events or services offered in connection with the use or access of the leasehawk.com domain.
In using (a) the Website, or (b) the LeaseHawk® CRM mobile application, or (c) HawkEye or any of our products, technologies and services, software, applications, content, access points, and data (collectively, the “Platform”), you must review and agree to the following Terms of Use. Before using the Platform, you must have also executed the LEASEHAWK MASTER SERVICE AGREEMENT (the “MSA”), including the Master Contract and the Addendum A thereto that outlines the subscribed products and services. These Terms of Use govern use of the Website, and govern use of the Platform together with the MSA. If you do not accept these Terms of Use, you cannot, and we do not authorize you to, access, browse, or use the Website or Platform.
1. Amendment to Terms of Use. We reserve the right to amend or replace these Terms of Use from time to time in our sole discretion, and will post and maintain the most recent version of these Terms of Use on the Website. We may not notify Website visitors or Platform users of any such amendments by e-mail or other personal communication. You are responsible for reviewing these Terms of Use upon each visit to the Website or Platform. You can determine if the Terms of Use have been revised since your last visit by referring to the “Last Modified” date at the top of this document.
2. User Representations; Prohibited Uses. You represent and warrant that (a) your use of the Website and/or Platform is legal in, and does not violate any laws, rules or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website; (b) the information you provide to us is correct; (c) you have the legal right and ability to enter into these Terms of Use and to use the Website and/or Platform in accordance with these Terms of Use and the MSA; and (d) your use of the Website and/or Platform shall be in accordance with these Terms of Use, the MSA, and all applicable laws, rules or regulations.
You may use the Website and/or Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website and/or Platform:
LeaseHawk reserves the right, at its sole discretion, to change, suspend or discontinue any or all aspects of the Website and/or Platform, including but not limited to features and functionality, or any related Services for any reason, at any time without notice. LeaseHawk may impose limits or restrict the volume of usage of the Website and/or Platform without notice or liability.
3. Limited Right to Use the Website and/or Platform. These Terms of Use permit you to use the Website and Platform and their 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) for your personal use only, and you agree not to sell, resell, share, distribute, copy, or reproduce, for any purpose, any communications from the Website or Platform.
You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Website and Platform. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Website and Platform. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFORE.
You agree that you will not, and will not permit anyone else to, directly or indirectly:
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Website and Platform at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website and Platform at your sole cost and expense.
However, by uploading, posting or submitting User Content to the Site or to our pages or feeds on third party social media platforms (e.g., LeaseHawk’s Facebook page, LinkedIn page or Twitter feed), you hereby grant LeaseHawk a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes, however, LeaseHawk will only share personal information that you provide in accordance with our Privacy Policy.
You acknowledge and agree that LeaseHawk may disclose or use any User Content that you Transmit for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms of Use; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of LeaseHawk, its customers or the public.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about LeaseHawk, the Website and Platform, or the Products and Services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of LeaseHawk. LeaseHawk shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
4. Copyrights, Trademarks and Service Marks. The Website and Platform and their 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 us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, and/or other intellectual property or proprietary rights laws. The content of the Website and Platform is copyrighted and any unauthorized use of the Website or Platform may violate copyright, trademark, and other laws, in addition to being a material breach of these Terms of Use.
There are a number of proprietary logos, service marks, trademarks, slogans and product designations (“Marks”) found on the Website and Platform. By making these Marks available on the Website and Platform, LeaseHawk is not granting you a license to use them in any fashion. Access to the Website or Platform does not confer upon you any license under any of LeaseHawk’s or any third party’s intellectual property rights. Use of LeaseHawk’s Marks found on the Website or Platform by users is restricted as set forth in the Terms of Use.
The following trademarks and other marks (not listed here) are used in connection with the Website or the Platform, and are the proprietary trademarks of LeaseHawk:
ACE™
LEASETRACE®
HAWKEYE®
LEASEHAWK®
Other than nominative uses, LeaseHawk’s trademarks may be used publicly only with prior written permission from LeaseHawk. Fair use of LeaseHawk’s trademarks in advertising and promotion of LeaseHawk products requires proper acknowledgment. No LeaseHawk trademark or service mark may be used as a hyperlink without LeaseHawk’s prior written permission. Other trademarks that may appear in connection with the Products and Services may be owned by third-parties, and should only be used with the permission of the third-parties, unless such use qualifies as Fair Use or is otherwise permitted under applicable laws.
The various marks used in connection with the Services represent some of the marks currently owned or controlled by LeaseHawk or under license to LeaseHawk. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all LeaseHawk worldwide proprietary ownership rights, and LeaseHawk may own or control other proprietary rights in one or more countries outside of the United States.
5. No Representations or Warranties. We make no representation or warranty of any kind with respect to the Website or Platform or the content contained on or accessible through the Website or Platform. Your use of the Website or Platform is at your own and sole risk. We attempt to provide accurate information, but the Website is for general reference and informational purposes only. We assume no responsibility for errors or omissions in the content of the Website or Platform, and make no commitment to update such content. Your sole and exclusive remedy for issues relating to the use of, or the content on or accessible through, the Website or Platform shall be to discontinue accessing the Website or Platform, and using the content so obtained.
6. Accessing the Website or Platform. We reserve the right to withdraw or amend the Website or Platform, and any service or material we provide on the Website or Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Platform is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Website or Platform, and ensuring that all persons who access the Website through your internet connection or Platform through your cellular service provider are aware of these Terms of Use and comply with them. You agree that all information you provide to this Website or Platform or otherwise, including but not limited to through the use of any interactive features on the Website or Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
7. Indemnification. You will indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, representatives, successors, and assigns harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and court costs) (collectively, “Losses”) that constitute, or arise out of or in connection with your (a) failure to comply with any of these Terms of Use or (b) use of the Website or Platform. These defense and indemnification obligations will survive these Terms of Use and your use of the Website or Platform. We have no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms of Use or the Website or Platform.
8. Release, Disclaimer and Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE US, OUR SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, COUNSEL, INSURERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH OF THE FOREGOING FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) THAT CONSTITUTE, RELATE TO, OR ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO AND/OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE OR PLATFORM, OR (II) THE USE OF ANY INFORMATION OR MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE OR PLATFORM. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND PLATFORM AND ALL RELATED SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, UNLESS SPECIFIED OTHERWISE IN THE MSA. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, OUR CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED DOLLARS).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “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.”
9. Arbitration And Class Action Waiver. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH LEASEHAWK AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU AND LEASEHAWK AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, OR THE WEBSITE AND PLATFORM, SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.
Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms of Use that a court can award under these Terms of Use. You and LeaseHawk agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. LeaseHawk further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and LeaseHawk are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and the termination of your use of the services. REGARDLESS OF THE FORUM, YOU AND LEASEHAWK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and LeaseHawk agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
10. Governing Law; Dispute Resolution. These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the state of Arizona, without regard to conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any cause of action by you with respect to the Service (including, but not limited to, these Terms of Use) must be instituted within one year after the cause of action arose or be forever waived and barred. Except as otherwise provided in Section 9, you agree that any claim or dispute you may have against LeaseHawk arising out of or related to use of this Website must be resolved exclusively by a state or federal court located in Maricopa County, Arizona. You agree to submit to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of litigating all such claims or disputes.
11. Severability. If any part of these Terms of Use is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms. Headings are for reference purposes only and do not limit the scope or extent of such section.
12. DMCA. LeaseHawk respects the intellectual property rights of others, and expects its users to do the same. We will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (www.copyright.gov/legislation/dmca.pdf). If you believe that content hosted on the Website infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
By mail:
DMCA Designated Agent
c/o LeaseHawk, LLC.
16435 N Scottsdale Road, Suite 280
Scottsdale, AZ 85254
By Email: support@leasehawk.com
13. General Provisions. The failure by either party to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, including any other applicable terms and conditions or rules that govern your use of individual services, which are either incorporated herein by specific reference or posted on the Website from time to time, comprises the entire agreement between you and LeaseHawk and supersedes any and all prior agreements regarding the subject hereof, provided, however, that in the event of any conflict between the terms in the MSA and these Terms of Use, the MSA shall control. These Terms of Use are binding upon and inures to the benefit of the respective successors and assigns of the parties. These Terms of Use are solely for the benefit of LeaseHawk and you, and shall not be construed for the benefit of any third party.
