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LESA Terms of Service

This is a binding legal agreement between you, your business and your representatives (collectively, “you,” “your” or “Customer”) and  I Do Stream LLC. (DBA LESA Video Solutions or “LESA,” “we” or “our”). These terms of service (“Terms”) cover your use and access to the services available from LESA through which you may sell and purchase vehicles and any services provided related thereto (the “Services”). A Customer can mean the party selling a vehicle (the “Seller”), the party buying a vehicle (the “Buyer”), anyone who bids on a vehicle, or anyone using the Services. These Terms and any amendments to them will be effective as of the date specified herein or in the amended Terms. By using or accessing the Services, you agree to be bound by the current Terms, the LESA Privacy Policy and the YouTube terms of service.

  1. Eligible Participants . LESA provides a business-to-business online marketplace. Only representatives of licensed dealerships or wholesalers are eligible to participate. By using the Services you represent and warrant that you are a licensed dealer or wholesaler of motor vehicles and are legally eligible to purchase or sell wholesale vehicles for resale.
  2. Registration. To be eligible to access the Services, you must complete LESA’ online registration process. Upon receipt and approval of your registration documents, you and your designated authorized representatives (“Authorized Representatives”) will be issued unique names and passwords to access the Services. You are liable and responsible for all actions, omissions and any failure to act of your Authorized Representatives in connection with your Authorized Representatives’ use of the Services. You represent and warrant that all information that you provide to LESA is accurate and complete and that you will notify us in writing of any changes to the information provided. You hereby authorize LESA to share the information you provide to us (including, without limitation, financial information) with LESA partners solely to the extent such information is needed to provide the Services. You agree not to give anyone access to the Services other than your Authorized Representatives. Further, you represent and warrant to LESA that: (a) you and your Authorized Representatives are in compliance with and shall comply with all laws and regulations that apply to your business; and (b) you and your Authorized Representatives have secured and will maintain all permits, licenses and governmental approvals required to operate your business including, without limitation, as required to access and participate in the Services. We reserve the right to temporarily or permanently suspend your access rights and/or the access rights of any of your Authorized Representatives at any time in our sole and absolute discretion.
  3. Permitted Use. You agree that you will use the Services solely for your internal business purposes and will not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign (except as permitted by Section 25 herein), distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than to your Authorized Representatives or as otherwise contemplated by these Terms; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that violates third party privacy rights; (iv) send or store malicious code or viruses; (v) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (vi) attempt to gain unauthorized access to the Services or its related systems or networks. You further agree that you will not (i) modify, copy or create derivative works based on the Services; (ii) frame or mirror any content forming part of the Services; (iii) reverse engineer or decompile the Services; (iv) access the Services in order to (A) build a competitive product or service, or (B) copy any ideas, features, functions or graphics of the Services; or (v) permit or authorize any third party to do any of the above at your direction or on your behalf.
  4. LESA’ Role. LESA provides services to facilitate the exchange of vehicles between Buyers and Sellers. LESA does not take title to the vehicles listed for sale via the Services. LESA is neither the Buyer nor the Seller of the vehicles listed for sale. As a commercial party, you should research the condition and value of the vehicle and the terms of sale before bidding. You agree that any legal claims arising out of a transaction will be between you and the other party (either Buyer or Seller) in the transaction and not against LESA or any LESA partner.
  5. Seller Obligations. Seller shall abide by and comply with all applicable laws, rules and regulations, including but not limited to all rules and regulations set forth by the applicable department of motor vehicles.
  6. Buyer Obligations. The Buyer represents, warrants and agrees to the following terms:
  1. Buyer will not attempt to manipulate bids, intentionally bid up the price of any vehicle, or otherwise fraudulently bid on any vehicle; and
  2. Buyer shall abide by and comply with all applicable laws, rules and regulations, including but not limited to all rules and regulations set forth by the applicable department of motor vehicles.

  1. Data. LESA has the right to use certain Customer generated information, content, photographs and vehicle data for the limited use of promoting and carrying out the Services requested by such Customer. Customers and their representative dealerships grant LESA a limited license to utilize non-confidential information for the general purpose of promoting and providing Services to our Customers, and this license extends to trusted third parties with whom we work. Customers agree that this permission is royalty free, irrevocable and worldwide for so long as Customer Information is held by LESA. All data collected by LESA related to vehicles, and all transaction data related to the Services shall be owned by LESA without restrictions on its use of such data.
  2. LESA Intellectual Property. LESA reserves all rights, title, and interest in and to the Services, the LESA trademarks, logos and other brand features. These Terms do not grant Customers any rights in the Services except as expressly set forth herein. LESA’ trademarks may not be used in connection with any product, service, or marketing without the prior written consent of LESA. LESA welcomes feedback, but reserves the right to use comments or suggestions without any obligation to the Customer.
  3. Availability, Errors and Inaccuracies. LESA is constantly updating the Services, and may experience delays in updating information on the Services. The information found on the Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Services, and we cannot guarantee the accuracy or completeness of any information found on the Services. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
  4. Links to Other Web Sites. The Services may contain links to third party web sites or services that are not owned or controlled by LESA. LESA has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that LESA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
  5. Termination. Customers are free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate a Customer’s access and use of the Services if they are not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. LESA reserves the right to terminate and delete your account.
  6. DISCLAIMER OF WARRANTIES AND LIABILITIES. LESA AND THE LESA AFFILIATES PROVIDE THE SERVICES TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES RELATED TO CUSTOMER’S AND/OR AUTHORIZED REPRESENTATIVE’S USE OF AND ACCESS TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES WHICH MAY BE CREATED THROUGH COURSE OF DEALING.
  7. CUSTOMER AGREES THAT LESA AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER, ACTUAL OR OTHERWISE, TO CUSTOMER OR ITS AUTHORIZED REPRESENTATIVES BASED ON ANY OF THE FOLLOWING: (i) ANY DELAY, INTERRUPTION IN USE OF, FAILURE IN OR BREAKDOWN OF THE SERVICES OR ERRORS OR DEFECTS IN TRANSMISSION OCCURRING IN THE COURSE OF ACCESSING OR USING THE SERVICES; (ii) ANY UNLAWFUL OR UNAUTHORIZED USE OF THE SERVICES; (iii) ANY LOSS OF OR DAMAGE TO CUSTOMER’S RECORDS OR INFORMATION; (iv) ANY CLAIM RESULTING FROM THE TERMINATION OF ACCESS TO THE SERVICES OR (v) ANY CLAIM RELATED TO ANY VEHICLE SOLD OR BOUGHT USING THE SERVICES, EXCEPT AS MAY BE SPECIFIED IN THE GO GREEN POLICY FOUND WITHIN LESA’ ARBITRATION POLICY.
  8. Indemnity. Each Customer agrees at their own expense to defend, indemnify, and hold LESA and its affiliates, and each of their directors, officers, employees and agents, harmless from and against any loss, damage, liability, demand, lawsuit, debt, charge, action, penalty, interest, claim, cost, tax or expense whatsoever, including without limitation any and all out-of-pocket costs and actual legal and accounting fees, duties and bonds, which LESA may incur, suffer or be required to pay as a result of or relating to, arising out of, or in connection with (a) your use of the Services; (b) your violation of the Terms; (c) your violation of any third party right, including, but not limited to, any intellectual property right, right of attribution, association, integrity, publicity, confidentiality, property or privacy right; (d) any claim in connection with a vehicle; or (d) any claim that Customer information, or your use the property of others, may have caused or did cause damage to a third party, including, but not limited to, claims that Customer information, or your use of the property of others, infringe the rights of others or caused damages to others.

    Customer also agrees to indemnify LESA for reasonable legal and accounting fees, costs, and expenses incurred in enforcing the rights of LESA against Customer under these Terms.
  9. Representations Regarding Taxes. Buyer certifies that it holds the appropriate documentation issued by the sales tax authority of the state, province, or locality of its business or where it purchases vehicles, as applicable, which exempts Buyer from the payment of sales tax, and warrants that it will provide a copy of such applicable documentation to LESA upon registration, at any time upon request, and as necessary to maintain the validity of such documentation. In the event that vehicles or other products purchased are used for any purpose other than for resale, Buyer will pay directly to the proper taxing authorities such sale or use tax as may then accrue and be due and payable.
  10. Dispute Resolution. Any controversy or claim between Customer and LESA arising out of or relating to these Terms or the validity, inducement, or breach hereof (each such controversy or claim is hereinafter referred to as a “Dispute”), shall be settled as follows:

    First, the parties involved in the Dispute shall attempt to resolve any Dispute prior to commencing the procedures set forth below.

    If after seven days the parties are unable to resolve the Dispute, the parties shall submit to non-binding mediation which shall take place for a period of one day in Connecticut before a mediator that is mutually acceptable to the parties. If the parties are unable to agree on the selection of a mediator, a mediator will be chosen by an arbitrator selected pursuant to the rules of the American Arbitration Association (“AAA”) who will then select such mediator from a list of distinguished neutral mediators maintained by the AAA. The mediator shall confer with the parties to design procedures to conclude the mediation within no more than 30 days after initiation. Each party has the right to pursue any provisional relief from the appropriate court, such as attachment, preliminary injunction, specific performance (the parties acknowledging that monetary damages may not be sufficient remedy), replevin, etc. to avoid irreparable harm, maintain the status quo, or preserve the subject matter of the Dispute even though mediation has not been commenced or completed.

    Customer may only resolve disputes with LESA on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed, and Customer expressly disclaims any right to bring or participate in any such action. If the parties are unable to resolve the Dispute within the 45 day period referred to above, or in the event that the agreement to arbitrate is found not to apply to Customer or Customer’s claim, Customer and LESA agree that any judicial proceeding will be brought in the federal or state courts of Connecticut. Both Customer and LESA consent to venue and personal jurisdiction there.
  11. Controlling Law. The Services provided hereunder are performed in the State of Connecticut and these Terms will be governed by Connecticut law except for its conflicts of laws principles. You represent that you have sufficient authority and all right and full power to agree to these Terms and to perform your respective obligations under these Terms on behalf of yourself or on behalf of the organization for whom you are acting, as the case may be.
  12. Entire Agreement. These Terms constitute the entire agreement between you and LESA with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.
  13. Waiver, Severability & Assignment. LESA’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms without LESA’ prior written consent, and any such attempt will be void. LESA may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
  14. Changes. We reserve the right, at our sole discretion, to modify or replace these Terms at any time with respect to all sales occurring after such modifications are effective. Modifications will take effect immediately upon posting of the revised Terms, provided however, if a change is material we will provide at least 30 days’ notice prior to such modifications taking effect. What constitutes a material modification will be determined at our sole discretion. By continuing to access or use our Service after any modifications become effective, you agree to be bound by the revised terms.
  15. Contact Us. 

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at support@lesautomotive.com.

16. Notices. Notices must be sent via first class mail or overnight courier and are deemed given when received. Notices to Customer may also be sent to the applicable account email address and are deemed given when sent. Notices to LESA must be sent to:

LESA Video Solutions

945 Main Street,

Manchester, CT – 06040

YouTube Terms of Service

https://www.youtube.com/t/terms