TERMS OF SERVICE
1. Your Acceptance
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
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.
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.
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
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.
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.
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.
17. Third-parties copyright
© Certain Automotive Content displayed within this mobile application, Copyright DataOne Software (2000-2018) 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.
18. Auto Renewal Subscription
While all posting a car listing in Lease SwApp is free, we do offer Premium listing which displays your lease listing on the home screen of Lease SwApp for 7 days from the day of purchase. If you subscribe to Lease SwApp Premium Listing via iTunes where available, payment will be charged to your iTunes Account at confirmation of purchase and your membership will automatically renew monthly unless auto-renewal is turned off at least 24-hours before the end of the then current membership period. Your account will be charged for renewal within 24-hours before the end of each membership period at the rate of your selected plan. You can manage your subscription and turn off auto-renewal anytime by going to My Account or through iTunes.
Lease SwApp Promotional Campaign Rules
1. Eligibility: This Campaign is open only to those who are 18 years or older as of the date of entry and download the LeaseSwApp application and perform required actions listed for the sweepstakes. The Campaign is only open to legal residents of the United States, and is void where prohibited by law. Employees of LeaseSwApp its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of LeaseSwApp as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting on May 7th and ending June 31st.
4. How to Enter: The Sweepstakes must be entered by following a set of steps.
1) Participant must download LeaseSwApp mobile application and register.
2) Participant must then message the promotional lease with their official Facebook name.
3) Participant must then like and comment on LeaseSwApps's Facebook page.
4) Participant must share a promotional lease offer screen with all friends on Facebook.
Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of LeaseSwApp. Optional verbiage to include: You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of LeaseSwApp.
5. Prize: The Winner of the sweepstakes will have the opportunity to take over the promotional leas offer. Actual/appraised value may differ at time of prize award. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for LeaseSwApp to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of LeaseSwApp. Winner will be notified through Facebook messenger and within the LeaseSwApp application within five (5) days following selection of Winner. LeaseSwApp shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 3 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT LEASESWAPPS‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that LeaseSwApp, anyone acting on behalf of LeaseSwApp, and LeaseSwApps’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of LeaseSwApp if the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless LeaseSwApp from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which LeaseSwApp may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: LeaseSwApp reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond LeaseSwApp’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, LeaseSwApp may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by LeaseSwApp. LeaseSwApp reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. LeaseSwApp has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, LeaseSwApp reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless LeaseSwApp and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF THE UNITED STATES AND NEW YORK, NEW YORK WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York, New York having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: LeRosh Inc 745 5th Ave, New York, NY, 10151. Requests must be received no later than June 31st.
14. Sponsor: The Sponsor of the Campaign is LeRosh Inc 745 5th Ave, New York, NY, 10151
15. The Campaign hosted by LeRosh Inc is in no way sponsored, endorsed, administered by, or associated with Facebook.