About the Site. You must have an account with Leck to access and use the Service. You may use the Site for obtaining information regarding your account and to pay invoices for waste disposal services provided by Leck. Any waste disposal services provided by Leck are subject to a separate agreement between you and Leck. The Site includes information, software, text, photographs, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of Leck or third parties. Leck grants you a limited, non-exclusive license to use the information on the Site for your internal use. You may download your account information of other information on the Site to a computer or print a hard copy for personal reference. Otherwise, you may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, frame in another web page, reproduce or in any way exploit the Site or any of the information contained on the Site, in whole or in part, without obtaining permission of the copyright owner, except as expressly permitted in this Agreement or permitted under copyright law.
Leck offers the Service to its account holders through WAM-WEB Services by WAM Software and Authorize.net / Elavon credit card processing. The on-line payment data provided by you, our customer, is not stored by the Site and the payment information will need to be inputted each time a payment is made. The Site exchanges the online payment data you provide with Authorize.net / Elavon, with whom Leck has contracted to process online payments. To process an online payment, Leck will transmit payment instructions and banking information that you provide to us to Authorize.net / Elavon, via Secure Sockets Layer (SSL) connection over the Internet,. Leck will not store such payment instructions and banking information on its systems once a payment transaction has been completed. Payment instructions and banking information will be stored by Authorize.net / Elavon for reconciliation and recall purposes.
Leck uses commercially reasonable measures to protect the security of the data you provide to us for online payment processing and follows PCI Compliance regulations. Authorize.net / Elavon has agreed to keep such data confidential. Please be aware, however, that the security and confidentiality of information sent over or connected to the Internet cannot be guaranteed. Leck shall have no liability for incomplete or erroneous transactions caused by the user’s provision of inaccurate information, by the user’s lack of sufficient funds, by loss or misuse of the user’s authentication information, or for any other circumstances beyond Leck’s reasonable control and occurring without Leck’s fault or negligence. Leck and Authorize.net / Elavon reserve the right not to process any transaction which is believed to be erroneous, unauthorized or otherwise invalid or unlawful.
Exchange of Information. In connection with using the Site, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. Leck does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.
Termination of Access to the Site. Leck reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Site at any time for any reason without prior notice or liability. Leck may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, information or content without prior notice or liability. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liability set forth in this Agreement, shall survive.
Links to Third-Party Sites. The Site may contain links to sites on the Internet that are owned and operated by third parties. You acknowledge that Leck is not responsible for the availability of, or the content located on or through, any third party sites. You should contact the site administrator or webmaster for those sites if you have any concerns regarding such links or the content located on such sites.
Disclaimer of Warranties and Liability. Although Leck uses commercially reasonable efforts to maintain the Site, the Site and the Service is provided to you free of charge, “as is, as available”. Please read this disclaimer carefully before using the Site.
YOU AGREE THAT YOUR USE OF THIS SITE AND THE SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK.
THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU “AS IS, AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, LECK AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHATABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LECK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRDPARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT LECK ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
UNDER NO CIRCUMSTANCES SHALL LECK OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES AND LOST PROFITS, IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, (1) THE USE OR INABILITY TO USE THIS SITE, ITS CONTENT, OR THE SERVICES; (2) ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS SITE; (3) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ON THE SITE; OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF LECK IS ADVISED OF THE POSSIBILITY THEREOF.
IF YOU BECOME DISSATISFIED WITH THIS SITE, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND LECK AND THE SITE WOULD NOT BE PROVIDED FREE OF CHARGE WITHOUT SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF LECK, ITS AFFILIATES, AGENTS AND LICENSORS, SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. You agree to defend, indemnify and hold harmless Leck, its parents, affiliates, licensees and their respective directors, officers, employees and agents for, from and against all liabilities, claims, damages and expenses, including attorneys fees, arising out of or in connection with your use of the Site, or your violation or alleged violation of the terms of this Agreement. Any indemnified party may participate, at its own expense, in the defense of any matter subject to indemnification by you and you agree to cooperate with such party in the defense of such claim.
Dispute Resolution. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. The parties agree that any disputes arising out of or related in any way to this Agreement, including the breach thereof, shall be filed in the state or federal courts in Bucks County, Pennsylvania. The parties agree that the laws of the Commonwealth of Pennsylvania shall govern any such dispute and they consent and agree to the jurisdiction of the Pennsylvania courts. Neither party will argue or contend that it is not subject to the jurisdiction of the Pennsylvania courts or that venue in Bucks County, Pennsylvania, is improper. The parties agree to waive any right to a trial by jury in any such dispute. The parties understand that they are giving up valuable legal rights under this provision, including the right to trial by jury, and that they voluntarily and knowingly waive those rights.
Other. This Agreement constitutes the entire agreement between the parties with respect to the Site and the Service, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.
Effective September 7, 2011