TERMS OF SERVICE

1. Your Acceptance

This is an agreement between LeRosh Inc., a New York corporation ("LeRosh"), the owner and operator of the Lease SwApp application ("Service"), and you ("you" or "You"), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND LEASE SWAPP'S PRIVACY POLICY WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

2. Lease SwApp Service

These Terms of Service apply to all users of the Lease SwApp application. Lease SwApp is designed to match those who want to get out of their leases with those who want to assume a lease. Information provided by our users through the Lease SwApp application may contain links to third party websites that are not owned or controlled by LeRosh. LeRosh has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, LeRosh will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that LeRosh shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

3. Lease SwApp Access

A. Subject to your compliance with these Terms of Service, Lease SwApp hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without LeRosh's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Lease SwApp with your email address. You are solely responsible for the content of messages that you submit and that are displayed under your username on the Lease SwApp Service. LeRosh will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of LeRosh or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers" etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Lease SwApp servers in a given period of time than a human can reasonably produce in the same period by using a Lease SwApp application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, LeRosh grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. LeRosh reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Lease SwApp clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

4. Registration

To obtain access to certain Lease SwApp services, you will be given an opportunity to register with Lease SwApp. As part of the registration process, you will be required to enter a valid e-mail address and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not (i) register under the name of, nor attempt to enter the service under the name of, another person; nor will you (ii) adopt a user name that Lease SwApp, in its sole discretion, deems offensive. You will be responsible for preserving the confidentiality of your password and will notify Lease SwApp of any known or suspected unauthorized use of your account.

5. Accuracy of Information.

The material that appears on Lease SwApp is for informational purposes only.
 Despite our best efforts to provide useful and accurate information, errors may appear from time to time. Before conducting any transaction, including but not limited to, the leasing or transferring an automobile lease, that you've read about on Lease SwApp, you should confirm with the leasing company any information (including, where the lease of a vehicle is concerned, the monthly auto lease payments, inception fees, taxes, lease term, lease end buyout, excess mileage charge, total allowed mileage, and actual mileage of the vehicle) that is important to your decision. Lease SwApp is not responsible for, and does not guarantee the performance of, any such goods or services or information.

 The lease transfer process requires each party to provide information essential to the transaction. Such information may include an individual or company's name, address, phone number, e-mail address, vehicle's description details, and other information ("User Information"). The Lease SwApp accepts the User Information supplied by various users, and Lease SwApp assumes no responsibility for testing or verifying the accuracy of such user Information, and does not endorse or approve of any leased asset, or any current lessee or prospective new lessee. The user Information is used by Lease SwApp and the users to contact each other.

You guarantee that any listing you submit is truthful and in compliance with all copyright laws and all other applicable laws and regulations. You guarantee that you shall conduct yourself ethically in the use of the Lease SwApp and in any transaction resulting from said use.

6. Interactive Area

The Message Centers are provided to give users 18 years of age or older a convenient means of contacting another party to the auto lease. Lease SwApp does not endorse the accuracy of any message transmitted through the Message Center. Please use your best judgment and be respectful to other individuals using this application. Do not use vulgar, abusive, or hateful language. You may not use the Message Center for advertising or promotional materials or other forms of solicitation not related to the applicable listing.
 Given the nature of the Lease SwApp service and the volume of messages and listings, Lease SwApp cannot monitor all messages transmitted though the Message Center. However, please contact Lease SwApp if you encounter any communication that is obscene, defamatory, or otherwise unacceptable. Lease SwApp reserves the right to delete, move, or edit any communication that it deems in its sole discretion to be a violation of this Agreement or defamatory or insulting in any way.

7. Vehicle Listing

Lease SwApp DOES NOT REVIEW every vehicle listing posted on Lease SwApp. You may well read any given listing before anyone on the Lease SwApp staff does. You can expect these areas to include information and opinions from a variety of individuals and organizations other than Lease SwApp. We do not endorse or guarantee the accuracy of any listing. Responsibility for what is listed in Lease SwApp lies with each user. You alone are responsible for material you post. By using Lease SwApp you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy Lease SwApp. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.
 Although Lease SwApp cannot monitor all the listings in the application, we reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to Lease SwApp. However, we will comply with the requirements of the law regarding disclosure of such messages to others, including law enforcement agencies.
Y ou will not use the service to violate the copyright, trademark, or other intellectual property rights of any person or other entity. By submitting material to Lease SwApp, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner.

8. Copyrights

You hereby grant Lease SwApp a non-exclusive license to publish all listings you provide us. Lease SwApp is not responsible for any damage or loss to any listings, copy, drawings, and art or any other materials you provide. You herby agree that by placing a listing on Lease SwApp, you hereby grant a license to Lease SwApp a non-exclusive basis, all copyrights and other ownership rights in the listing, including the right to publish, reproduce, display, adapt, transmit, or produce derivative works in any medium, including any digital electronic medium.

9. Promotional Offers

From time to time, Lease SwApp may post listings of promotional offers of car leases. You are eligible to qualify for the promotional offer lease, if you post your own vehicle on the Lease SwApp application. Upon verification of placement of listing, Lease SwApp may require you to provide proof of your FICO Score. Lease SwApp reserves the right to offer the promotional lease offer to the user with the highest verifiable FICO score. Lease SwApp does not have to disclose to recipient of the promotional lease, nor the full selection process it used to reached its final determination. These promotional offers are never to be considered a contest, sweepstakes or a lottery.

10. Intellectual Property Rights

The design of the Lease SwApp Service along with Lease SwApp created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Lease SwApp, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Lease SwApp reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.

11. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE LEASE SWAPP SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LEROSH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. LEROSH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LEASE SWAPP SERVICE. LEROSH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LEASE SWAPP SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND LEROSH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.

12. Limitation of Liability

IN NO EVENT SHALL LEROSH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LEASE SWAPP CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT LEROSH SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by LeRosh from its facilities in the United States of America. LeRosh makes no representations that the Lease SwApp Service is appropriate or available for use in other locations. Those who access or use the Lease SwApp Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

13. Indemnity

You agree to defend, indemnify and hold harmless LeRosh, its directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Lease SwApp Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Lease SwApp Service.

14. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the Lease SwApp Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the Lease SwApp Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

15. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LeRosh without restriction.

16. General

You agree that: (i) the Lease SwApp Service shall be deemed solely based in New York; (ii) the Lease SwApp Service shall be deemed a passive server that does not give rise to personal jurisdiction over Lease SwApp, either specific or general, in jurisdictions other than New York; and (iii) that you agree to subject to the jurisdiction of New York in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and LeRosh that arises in whole or in part from the Lease SwApp Service shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms of Service, together with the Privacy Policy shall constitute the entire agreement between you and LeRosh concerning the Lease SwApp Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and LeRosh's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. LeRosh reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Lease SwApp Service. Your continued use of the Lease SwApp Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND LEROSH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LEASE SWAPP SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

17. Third-parties copyright

© Certain Automotive Content displayed within this mobile application, Copyright DataOne Software (2000-2016) and are protected under the United States and international copyright law. Any unauthorized use, reproduction, distribution, recording or modification of this content is strictly prohibited.