Thank you for using Lee Digital™ website located at www.leedigital.tech (the "Site"), as well as the system applications we build for clients (the "Applications") and the services provided by Lee Digital™ (the "Services"). Whether you are a business owner ("Owner"), Consultant ("Consultant") or Business Manager (“Manager”), these terms and conditions (these "Terms") govern your use of and access to the Site, the Applications, and the Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING THE SITE, THE APPLICATION, OR THE SERVICES. THESE TERMS CONTAIN IMPORTANT INFORMATION, PARTICULARLY WITH REGARD TO YOUR LEGAL RIGHTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE ANY QUESTIONS ABOUT YOUR POTENTIAL RIGHTS UNDER THESE TERMS.
Agreement with Lee Digital™
Your use of the Site, the Applications, or the Services enters you into a contractual agreement with Lee Digital™ (referred herein as "Lee Digital™"). BY ACCESSING OR USING THE SITE, THE APPLICATIONS, OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, THAT YOU UNDERSTAND THESE TERMS, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND/OR THE APPLICATION. IF YOU DO NOT AGREE TO ANY ASPECT OF THESE TERMS, THEN STOP USING THE SITE, THE APPLICATIONS, AND THE SERVICES. If you are accepting or agreeing to these Terms on behalf of a company or any other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, as a result, "you" and "your" in these Terms will refer and apply to that company or other legal entity.
Lee Digital™ reserves the right, in its sole discretion, to modify the Site, the Applications, or the Services or to update these Terms, at any time and without prior notice. If we update these Terms, we will either post the updated Terms on the Site or via the Application or otherwise provide you with notice of the update. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, the Applications, or the Services after we have posted or provide you with the updated Terms, you are agreeing to be bound by the updated Terms. If you do not agree with the updated Terms, do not use the Site, the Applications, or the Services.
Overview of the Services
Lee Digital™ is a System Architecture Firm that provides companies/businesses a platform for clients to share information regarding their businesses (the "Business"). Lee Digital™ serves as the limited authorized payment collection agent for the purpose of accepting payments from our clients of such amounts stipulated by the signed contract and set forth in the agreement (the "Agreement").
Lee Digital™ does not endorse any client, nor provide any verification or certification process. It is within your sole discretion whether to sign a specific Project and to exercise your due diligence prior to entering into any Agreement. In no way shall Lee Digital™ be liable for any damage or harm resulting from your interactions with any third party platforms we use in our services. By using the Site, the Applications, or the Services, you agree that any legal remedy or liability that you seek to obtain against a Service shall be limited to a claim against that particular Service Provider, which caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Lee Digital™ with respect to such actions or omissions.
THE SITE, THE APPLICATIONS, AND THE SERVICES ARE INTENDED TO PRESENT LEE DIGITAL™ IN THE BEST POSSIBLE MANNER. LEE DIGITAL™ DOES NOT CONTROL THE CONTENT CREATED BY ANY THIRD PARTY PLATFORM OR SERVICE PROVIDERS. LEE DIGITAL™ IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL THIRD PARTY PLATFORMS OR SERVICE PROVIDERS. ACCORDINGLY, ANY CONSULTING SERVICE IS MADE OR ACCEPTED AT THE CLIENT'S OWN RISK.
SINCE LEE DIGITAL™ PERFORMS SERVICE TO MANY PROPERTY MANAGEMENT AND REAL ESTATE COMPANIES, THE SITE, THE APPLICATIONS, AND THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LANDLORDS MAY STORE INFORMATION FOR TENANTS, WITH REGARDS TO THE RENTAL OF A PROPERTY. YOU UNDERSTAND AND AGREE THAT LEE DIGITAL™ IS NOT A PARTY TO THE LEASE AGREEMENT SIGNED BETWEEN THE LANDLORD AND THE TENANT, NOR IS LEE DIGITAL™ A REAL ESTATE BROKER, AGENT OR INSURER. LEE DIGITAL™ HAS NO CONTROL OVER THE CONDUCT OF LANDLORDS, TENANTS, EMPLOYEES OF THE LANDLORD, INDEPENDENT CONTRACTORS, GUESTS AND/OR OTHER USERS OF THE SITE, THE APPLICATIONS, AND THE SERVICES, OR ANY PROPERTY AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
To register for a Client account, you must visit the Site and provide the information that is required. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your account information, including any password, and you agree that you will be solely responsible for any activities and/or actions taken under your account. You acknowledge that Lee Digital™ shall not be liable in the event that there is an unauthorized access of your account and that you will immediately notify Lee Digital™ in the event of an unauthorized access of your account.
The Site, the Applications, and the Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site, the Applications, or the Services by anyone under 18 is expressly prohibited. By accessing or using the Site, the Application, or the Services you represent and warrant that you are 18 years of age or older.
Lee Digital™ reserves the right, in its sole discretion and without prior notice, to limit, suspend, deactivate or cancel your account at any point in time and for any reason. Lee Digital™ shall not be liable to you in the event of a limitation, suspension, deactivation, or cancellation of your account. You may cancel your account at any time by contacting Lee Digital™. Upon cancellation of your account, Lee Digital™ shall retain access to and use of any information that you had provided to Lee Digital™ or via the Site or the Applications.
You acknowledge that the rental of any Property shall be contingent upon the Landlord and the Tenant(s) executing a lease agreement (the "Lease Agreement") that is separate and in addition to these Terms. The Landlord and the Tenant shall be solely responsible for fulfilling each person's respective responsibilities under that Lease Agreement. In no way shall Lee Digital™ have any responsibility for any rights and/or obligations that are due under the Lease Agreement. Notwithstanding the foregoing, the Landlord and the Tenant hereby authorize Applications built by Lee Digital™ to collect payments from the Tenant for any and all rental charges, repairs, administrative costs, and other costs for which the Tenant is responsible. By providing payment information, the Tenant agrees and acknowledges that Applications may automatically deduct from the Tenant's bank account or charge the Tenant's credit or debit card for any and all amounts that are due.
Payments Processed by Third Party
The Site, the Applications, the Services, and any content produced by or provided to Lee Digital™ are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, the Applications, the Services and any content produced by or provided to Lee Digital™, including all associated intellectual property rights, are the exclusive property of Lee Digital™ and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site, the Applications, the Services, or any content produced by or provided to Lee Digital™. You hereby agree to assign all rights, title and interest in and to any intellectual property created as a result of your use of the Site, the Applications, and the Services.
Contingent upon your compliance with these Terms, Lee Digital™ grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Application of each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.
You acknowledge that your use of the Site, the Applications, and the Services shall not conflict with any laws, rules, regulations, ordinances, taxes, or other legal requirements and that you are solely responsible for compliance with any laws, rules, regulations, ordinances, taxes, or other legal requirements. In the event that your use of the Site, the Applications, and the Services conflicts with a law, rule, regulation, ordinance, tax or other legal requirement, you hereby agree that: (a) you are solely responsible for that conflict; (b) Lee Digital™ shall not be liable in any way; and, (c) you will indemnify, defend and hold Lee Digital™ harmless from any and all claims, fines, loses, penalties, judgments, decisions or other damages incurred or suffered by Lee Digital™ as a result of such conflict.
By using the Site, the Applications, and/or the Services, you agree not to:
use any information, including the information submitted by you, for purposes not expressly permitted by these Terms;
infringe on the rights of any persons, including but not limited to, any intellectual property, privacy, publicity or contractual rights;
interfere with or damage the Site, the Applications, or the Services in any way;
harass any Client, Employee, or guest of Lee Digital™;
offer any jobs for which you do not have the permission to offer;
impersonate someone else, register for more than one account, or register for an account on behalf of someone else;
recruit or otherwise solicit any Clients or Employee of Lee Digital™ to join any third-party services or any companies that are competitive to Lee Digital™;
use any intellectual property, including any trademarks or logos, of Lee Digital™ without Lee Digital™'s prior express written consent;
attempt to decipher, decouple, disassemble, or reverse engineer any of the software used to provide the Site, the Applications, or the Services; or,
advocate, encourage, assist, or authorize any third party to engage in any of the above.
Lee Digital™ has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Either as an existing client, new client, or Site visitor who is interested in interacting with Lee Digital™, you will be required and/or permitted to submit certain user content, including any reviews of the Site, the Applications, or the Services (any information submitted collectively referred to herein as the "User Content"). You acknowledge and agree that you are solely responsible for any User Content submitted and that you have verified any User Content prior to submission. You also agree not to post anything that: (1) infringes on the intellectual property rights of a third party; (2) violates or encourages conduct that violates any laws, rules, regulations, ordinances, taxes, or other legal requirements; (3) is fraudulent, false, misleading, or deceptive; (4) is defamatory, obscene, pornographic, vulgar, or offensive; (5) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (6) is violent or threatening or promotes violence or actions that are threatening to any other person; or, (7) promotes illegal or harmful activities or substances.
Lee Digital™ may access, preserve, and disclose any of your User Content if we are required to do so by law, or if we believe in good faith that it is reasonably necessary: (1) to respond to claims asserted against Lee Digital™ or to comply with a legal process (for example, subpoenas or warrants); (2) to enforce or administer our agreements with users, such as these Terms; (3) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; or (4) to protect the rights, property, or safety of Lee Digital™, its users, or members of the public. You acknowledge that Lee Digital™ has no obligation to monitor your access to or use of the Site, the Applications, or the Services or to review, modify, edit, or remove any User Content, but that Lee Digital™ has the right to do so, which right will be exercised solely at Lee Digital™'s discretion. Lee Digital™ reserves the right, at any time and without prior notice, to remove or disable access to any User Content, at its sole discretion.
By making available any User Content on or through the Site, the Applications, and the Services, you hereby grant to Lee Digital™ a worldwide, irrevocable, perpetual (or for the term of the protection), 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, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Site, the Applications, and the Services.
Lee Digital™ Content.
Subject to your compliance with these Terms, Lee Digital™ grants you a limited, non-exclusive, non-transferable license, to: (1) access and view any content produced by or shared by Lee Digital™ via the Site, the Application, or the Services (the "Lee Digital™ Content") solely for your personal and non-commercial purposes; and, (2) access and view any User Content to which you are permitted to access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Site, the Applications, the Services, or any content produced via the Site, the Applications, or the Services except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Lee Digital™ or its licensors, except for the licenses and rights expressly granted in these Terms.
IF YOU CHOOSE TO USE THE SITE, THE APPLICATIONS, THE SERVICES OR ANY USER CONTENT OR LEE DIGITAL™ CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT LEE DIGITAL™ DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND ON ANY USER. THE SITE, THE APPLICATIONS, THE SERVICES, AND ANY USER CONTENT OR LEE DIGITAL™ CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LEE DIGITAL™ EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LEE DIGITAL™ MAKES NO WARRANTY THAT THE SITE, THE APPLICATIONS, THE SERVICES, OR ANY USER CONTENT OR LEE DIGITAL™ CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LEE DIGITAL™ MAKES NO WARRANTY REGARDING THE QUALITY OF ANY THIRD PARTY SERVICES PROVIDED IN CONNECTION WITH APPLICATIONS, USER CONTENT, OR LEE DIGITAL™ CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OR LEE DIGITAL™ CONTENT OBTAINED THROUGH THE SITE, THE APPLICATIONs, OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LEE DIGITAL™ OR THROUGH THE SITE, THE APPLICATIONS, THE SERVICES OR ANY USER CONTENT OR LEE DIGITAL™ CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, THE APPLICATIONS, OR THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE APPLICATIONS, OR THE SERVICES. YOU UNDERSTAND THAT LEE DIGITAL™ DOES NOT MAKE ANY ATTEMPT TO VERIFY ANY USER CONTENT OR LEE DIGITAL™ CONTENT. LEE DIGITAL™ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, THE APPLICATIONS, OR THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, THE APPLICATIONS, OR THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, THE APPLICATIONS, OR THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE APPLICATIONS, OR THE SERVICES, REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY LEE DIGITAL™. NOTWITHSTANDING LEE DIGITAL™ APPLICATIONS' APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE LANDLORD FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TENANTS ON BEHALF OF THE LANDLORD, LEE DIGITAL™ EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE APPLICATIONS, THE SERVICES, THE USER CONTENT, AND THE LEE DIGITAL™ CONTENT, YOUR USE OF ANY APPLICATION VIA THE SITE, THE APPLICATIONS, AND THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF LEE DIGITAL™ WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER LEE DIGITAL™ NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, THE APPLICATIONS, THE SERVICES, THE USER CONTENT, OR THE LEE DIGITAL™ CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, THE APPLICATIONS, THE SERVICES OR THE USER CONTENT OR LEE DIGITAL™ CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, THE APPLICATIONS, OR THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE APPLICATIONs, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LEE DIGITAL™ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL LEE DIGITAL™'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, THE APPLICATIONS, AND THE SERVICES INCLUDING, OR FROM THE USE OF OR INABILITY TO USE THE SITE, THE APPLICATIONS, THE SERVICES, OR ANY USER CONTENT OR LEE DIGITAL™ CONTENT, EXCEED THE AMOUNT OF THE SERVICES PROVIDED. IF THERE IS NO SUCH SERVICES PROVIDED, THEN LEE DIGITAL™'S TOTAL LIABILITY IN THE AGGREGATE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LEE DIGITAL™ AND YOU.
You agree to release, defend, indemnify, and hold Lee Digital™ and its affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your access to or use of the Site, the Applications, the Services, or any User Content or Lee Digital™ Content; (2) your violation of these Terms; (3) your interaction with any Users via the Site, the Applications, the Services, or any User Content or Lee Digital™ Content.
These Terms constitute the entire and exclusive understanding and agreement between Lee Digital™ and you regarding the Site, the Applications, the Services, or any User Content or Lee Digital™ Content, and any use of Lee Digital™ Services via the Site, the Application, and the Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between Lee Digital™ and you regarding the use of the Site, the Application, the Services, and any User Content or Lee Digital™ Content.
Lee Digital™ is an independent contractor of Clients. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms or any use of the Site, the Applications, or the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Lee Digital™'s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Lee Digital™ may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Lee Digital™: (1) via email (in each case to the address that you provide) or (2) by posting to the Site or via the Applications. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction.
These Terms and your use of the Site, the Applications, and the Services will be interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any conflict-of-law provisions. You and Lee Digital™ agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Pittsburgh, Pennsylvania, for any disputes arising out of or related to these Terms.
Third Party Beneficiary.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.