LEUF

Terms of use

The Terms of Use stated herein (collectively, the “Terms”) constitute a legal agreement between you and LEUF, Inc., a Delaware corporation (the “Company”) and its subsidiaries and affiliates (collectively, “LEUF”), concerning the use of possessions of applications, websites, content, products, and services (the “Possessions”) owned and made available in the United States and its territories and possessions by LEUF. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

 

In these Terms, the words “including” and “include” mean “including, but not limited to.” In order to use the Service (defined below) and the associated Application (defined below) you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by LEUF (collectively, the “Service”), and downloading, installing or using any associated website or application supplied by LEUF which purpose is to enable you to use the Service (collectively, the “Application”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to this Agreement as published from time to time at https://www.leuf.me/terms or through the Service.

 

LEUF reserves the right to modify the Terms of Use or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes. Supplemental Terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental Terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

 

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and LEUF. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. LEUF may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

 

Our collection and use of personal information in connection with the Services and Applications is set forth in our Privacy Policy.

 

Representations and Warranties

By using the Application or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Application and Service. Without limiting the foregoing, the Service and Application is not available to children (persons under the age of 18). By using the Application or Service, you represent and warrant that you are at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18). By using the Application or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the Terms of this Agreement. Your participation in using the Service and/or Application is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Application or Service you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Application or Service.

 

You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. LEUF is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset. LEUF reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorized device.

 

Services, Licenses, Restrictions and Consent

The Services provide a technology platform that enables users of LEUF’s applications or websites (each, an “Application”) to arrange and schedule logistics services, including delivery of fuel and other products and services. Unless otherwise agreed by LEUF in a separate written agreement with you, the Services are made available solely for your personal and noncommercial use.

 

Subject to your compliance with these Terms, LEUF grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access, download and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and noncommercial use. Any rights not expressly granted herein are hereby reserved by LEUF and LEUF’s licensors.

 

You may not, directly or indirectly: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by LEUF; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

The Services may be made available or accessed in connection with third party services and content (including advertising) that LEUF does not control. You acknowledge that different Terms of use and privacy policies may apply to your use of such third party services and content. LEUF does not endorse such third party services and content, and in no event shall LEUF be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

 

The Services and all rights therein are and shall remain LEUF’s property or the property of LEUF’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner LEUF’s company names, logos, product and service names, trademarks or services marks or those of LEUF’s licensors.

 

User Eligibility, Accounts and Conduct

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to LEUF certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account.

 

Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or LEUF’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by LEUF in writing, you may only possess one Account.

 

You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to LEUF or any other party. In certain jurisdictions and with certain fuel products, LEUF’s mobile refueling service can only be used when there is an emergency fuel need. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to use of the Services if you refuse to provide proof of identity. You are aware that when requesting Services by SMS, standard messaging charges will apply.

 

User License Grant

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Service or Application, you hereby grant to LEUF a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Service or Application. LEUF does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.

 

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service or Application.

Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or Application or you have all rights, licenses, consents and releases that are necessary to grant to LEUF and to the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or LEUF’s use of the User Content (or any portion thereof) on, through or by means of the Service or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. LEUF does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

Promotional Codes

LEUF may, in LEUF’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and, subject to any additional terms that LEUF establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by LEUF; (iii) may be disabled by LEUF at any time for any reason without liability to LEUF; (iv) may only be used pursuant to the specific terms that LEUF establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. LEUF reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that LEUF determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

 

LEUF, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service or Application, as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service of Application.

 

Payment Terms

Any fees that LEUF may charge you for the Application or Service, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or Service either planned, accidental or intentional, or any reason whatsoever. LEUF reserves the right to determine final prevailing pricing. Please note the pricing information published on the Service or Applications may not reflect the prevailing pricing.

 

You understand that use of the Services may result in charges to you for the services or goods you receive from LEUF (“Charges”). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by LEUF. All Charges are due immediately and payment will be facilitated by LEUF using the preferred payment method designated in your Account, after which LEUF will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that LEUF may use a secondary payment method in your Account, if available.

 

As between you and LEUF, LEUF reserves the right to establish, remove and revise Charges for any or all services or goods obtained through the use of the Services at any time in LEUF’s sole discretion. LEUF may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services or goods at any time prior to provision of Services, in which case you may be charged a cancellation fee.

 

Customers may receive referral discounts on each gallon filled up to $200 in value per 30 consecutive day period. After reaching $200 in discounts during a 30 consecutive day period, customers will pay the advertised price per gallon offered by LEUF at the location of the fill. A referral code may be redeemed before a customers’ fifth transaction.

 

LEUF may, in its sole discretion, round up or round down amounts that are payable to LEUF to the nearest whole functional base unit; for example, an amount of $41.505 will be rounded up to $41.51, and $41.491 to $41.49.

 

Notice Regarding Apple

The following applies to any App Store Sourced Application:

  • You acknowledge and agree that (i) this Agreement is concluded between you and LEUF only, and not Apple, and (ii) LEUF, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between LEUF and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of LEUF.
  • You and LEUF acknowledge that, as between LEUF and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and LEUF acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between LEUF and Apple, LEUF, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
  • You and LEUF acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
  • Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

 

You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Service or the Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.

 

You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Service or its related systems or networks.

 

LEUF will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. LEUF may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that LEUF has no obligation to monitor your access to or use of the Service or Application or to review or edit any Personal Information or User Content, but has the right to do so for the purpose of operating the Service and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. LEUF reserves the right, at any time and without prior notice, to remove or disable access to any Personal Information or User Content that LEUF, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.

 

Disclaimers, Limitation of Liability and Indemnity

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LEUF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LEUF MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LEUF DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OF FUELS PROVIDED TO YOU. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

LEUF SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF LEUF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LEUF SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. LEUF SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND LEUF’S REASONABLE CONTROL. IN NO EVENT SHALL LEUF’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). IN ADDITION, LEUF SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF, OR RELATING TO, ANY OF THE FOLLOWING, REGARDLESS OF WHETHER SOUNDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE:

  • LEAVING THE GAS TANK DOOR OPEN — YOU WILL LEAVE THE GAS TANK DOOR TO YOUR VEHICLE OPEN AT YOUR OWN RISK, AND THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM LEAVING YOUR GAS TANK DOOR OPEN;
  • ANY SIPHONING OF GASOLINE FROM YOUR VEHICLE;
  • ACCESS BY ANY THIRD PARTY TO ANY AREA WITHIN WHICH YOUR VEHICLE IS LOCATED, WHETHER OR NOT YOU HAVE GIVEN US ANY KEY, PIN OR PASSCODE TO ALLOW US ACCESS TO SUCH AREA;
  • ANY SPILLAGE OF GASOLINE, WHETHER OR NOT RELATED TO OUR SERVICES; AND
  • THE GASOLINE USED TO FILL YOUR GAS TANK.

 

ANY DAMAGE TO YOUR VEHICLE OR OTHER REAL OR TANGIBLE PERSONAL PROPERTY, WHETHER OWNED BY YOU OR BY A THIRD PARTY. BY AGREEING TO THESE TERMS OF USE AND GRANTING ACCESS TO YOUR VEHICLE GAS TANK AND THE PROPERTY ON WHICH YOUR VEHICLE IS LOCATED, YOU ASSUME ALL LIABILITY FOR ANY DAMAGES ARISING FROM OUR ACCESS TO YOUR VEHICLE. YOU AGREE THAT ANY INSURANCE UNDER WHICH YOU ARE INSURED, WHICH MAY BE AVAILABLE TO ADDRESS ANY DAMAGES ARISING OUT OF, OR RELATING TO, ANY OF THE PRECEDING LISTED EVENTS, SHALL BE THE PRIMARY SOURCE OF INSURANCE TO ADDRESS ANY SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT ANY INSURANCE UNDER WHICH WE ARE INSURED SHALL NOT BE THE PRIMARY SOURCE OF INSURANCE TO ADDRESS ANY DAMAGES, AND MAY ONLY BE ACCESSED AT OUR SOLE DISCRETION AND ELECTION, OR NOT AT ALL.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

You are responsible for your use of the Services, and you will indemnify and hold LEUF and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “LEUF Entities”) from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) LEUF’s use of your User Content; (iv) your violation of the rights of any third party, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (v) any dispute or issue between you and any third party.

 

LEUF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with LEUF’s defense of that claim.

 

Arbitration, Rules and Governing Law

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and LEUF. You acknowledge and agree that you and LEUF are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and LEUF otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Arbitration, Rules and Governing Law (“Dispute Resolution”) section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit for injunctive or other relief in a court of law to address an intellectual property infringement claim.

 

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules, formerly known as the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/consumer or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

 

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/consumer and a separate form Affidavit for Waiver of Fees Notice for California residents. will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

 

If you commence arbitration in accordance with these Terms, LEUF will reimburse you for your payment of the administrative filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any other fees or expenses chargeable by the AAA shall be decided by the Arbitrator including, without limitation, any Arbitrator’s compensation. Any arbitration hearing will take place at a location to be agreed upon in Palm Beach County, Florida, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Rule 11 of the Federal Rule of Civil Procedure, then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse LEUF for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

 

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the particular individual claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you may be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. LEUF will not seek, and hereby waives all rights LEUF may have under applicable law to recover, attorneys’ fees and expenses if LEUF prevails in arbitration.

 

YOU AND LEUF 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 LEUF expressly agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

If LEUF makes any future change to this arbitration provision, other than a change to LEUF’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to LEUF’s address for Notice, in which case your account with LEUF will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

 

If this Dispute Resolution section is found to be unenforceable in whole or in part, then the entirety of this Dispute Resolution section will be null and void and, in that case, the parties agree that the exclusive jurisdiction of Florida and venue of Palm Beach County, Florida will govern any action arising out of or related to these Terms.

 

Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any conflict of law principles.

 

Claims of Copyright Infringement

Claims of copyright infringement should be sent to LEUF’s designated agent at legal@leuf.me.

 

Notice

LEUF may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to LEUF, with such notice deemed given when received by LEUF, at any time by first class mail or pre-paid post to LEUF, Inc, Attn: Legal, 4400 North Federal Highway #44, Boca Raton, FL 33431.

 

General

You may not assign these Terms without LEUF’s prior written approval. LEUF may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of LEUF’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and LEUF as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. LEUF’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LEUF in writing.

 

Contact us by e-mail at support@leuf.me

 

© 2017 LEUF, Inc.. All Rights Reserved.