August 23, 2016

Terms of use

Terms of Use

These terms are effective as of January 15, 2015.

Please read carefully! These Terms of Use set forth important details about your relationship with Lazy Lee, including the rights you grant to Lazy Lee, restrictions on how you can use this web site, Lazy Lee’ liability in the event something goes wrong, and our agreement to resolve disputes via binding arbitration without resort to class action litigation.

This web site or mobile application (the "Lazy Lee Site") is owned and operated by Lazy Lee LLC, on behalf of itself and for its subsidiaries and affiliates (collectively, "Lazy Lee," "We" or "Us"). By accessing, using, registering for, or purchasing merchandise from the Lazy Lee Site, you agree to be bound by these terms of use (the "Terms"). All visitors to and users of any aspects of the Lazy Lee Site (collectively, "Users") are bound by these Terms. Lazy Lee reserve the right to modify the Terms at any time without prior notice to you, and therefore, Lazy Lee recommends that you read these Terms carefully each time you use the Lazy Lee Site. By signing in or registering to use the Lazy Lee Site, you accept all the provisions of these Terms. If you are unwilling to be bound by these Terms, you should not access, use, register for, or purchase merchandise from the Lazy Lee Site.

Please note that the guidelines, policies and other terms and conditions of service and use of other web sites affiliated with Lazy Lee may vary from these Terms. If a Lazy Lee affiliate has separate terms of use for its website(s), or a separate agreement governing its use, the provisions of the affiliate site's terms shall control in the event of a conflict with these Terms. Except as supplemented or superseded as described herein, these Terms apply to the entire network of Lazy Lee Sites, and control your use thereof. Except in the event of a conflict, as described in this paragraph, these Terms apply in addition to any other policies or agreements that may apply to you related to any contests, sweepstakes, rewards or loyalty programs, surveys, transactions or purchases of goods or services, or other engagements you have with the Lazy Lee Site.

Eligibility

The Lazy Lee Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Lazy Lee Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register or purchase merchandise on the Lazy Lee Site. In the event we become aware you are under 18, we will terminate your registration if at any point registration is permitted or required to use our site. Some merchandise offered for sale on the Lazy Lee Site may be restricted for sale to persons of a certain age (depending on the state or jurisdiction of residence) and we will require you to submit or provide valid proof of your age before purchasing or receiving age-restricted merchandise.

Privacy

Lazy Lee believes strongly in the protection of the privacy of Users and our customers.

Changes to the Lazy Lee Site

You agree and understand that the Lazy Lee Site, including any and all features available via the Lazy Lee Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Lazy Lee Site implemented after your initial access to the Lazy Lee Site shall be subject to these Terms. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials uploaded or made available via the Lazy Lee Site by or on behalf of any User (all such items provided by or on behalf of Users, collectively, "User Content"). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Content posted in violation of these Terms, terminating the registration of such violators or blocking such violators' use of the Lazy Lee Site.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms, you agree you shall not (and you agree not to allow any other individual or entity using your User ID to):

  • download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Lazy Lee Site, except and to the extent expressly permitted under these Terms;
  • remove any copyright, trademark or other proprietary rights notice contained in or on the Lazy Lee Site;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Lazy Lee Site;
  • collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
  • reformat or frame any portion of any Web pages that are part of the Lazy Lee Site;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit to other Users unsolicited electronic communications, such as "spam," or otherwise interfere with other Users' enjoyment of the Lazy Lee Site;
  • submit to the Lazy Lee Site any content that falsely states or implies that such content is sponsored or endorsed by us;
  • transmit or upload to the Lazy Lee Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Lazy Lee Site, any other Web site, or any computer or other device or system, or the enjoyment of the Lazy Lee Site by any User;
  • use the Lazy Lee Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • submit to the Lazy Lee Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Lazy Lee Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • copy or store any User Content offered on the Lazy Lee Site other than for your personal, non-commercial use;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on the Lazy Lee Site or the IT infrastructure used to operate and make the Lazy Lee Site available;
  • use the Lazy Lee Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
  • collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.

Copyrights

If you believe any User Content or any other aspect of the Lazy Lee Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. § 512) by providing the following information:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Lazy Lee Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated copyright agent for notice of claims of copyright infringement on the Lazy Lee Site may be reached at the following address:

GHERMAN LEGAL PLLC
25 SE 2nd AVE, STE 808
MIAMI FL 33131-1603

Or by email: info@lazylee.com and SGherman@ghermanlaw.com

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE LAZY LEE SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE LAZY LEE SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE LAZY LEE SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE LAZY LEE SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE LAZY LEE SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE LAZY LEE SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE LAZY LEE SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE LAZY LEE SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE LAZY LEE SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE LAZY LEE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation on Liability

IN NO EVENT SHALL LAZY LEE OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE LAZY LEE SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE LAZY LEE SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, LAZY LEE' RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE LAZY LEE SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE LAZY LEE SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Indemnity

You agree to indemnify and hold Lazy Lee and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Lazy Lee Site, (ii) your use of the Lazy Lee Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Use, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Third Party Advertisements and Links to Third Party Sites

We may display advertisements from third parties on the Lazy Lee Site, such as banner advertisements, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE LAZY LEE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Changes to Terms

We reserve the right to make changes at any time to these Terms. Any modifications to these Terms will be effective upon posting. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Lazy Lee Site after any modifications indicates your acceptance of the modified Terms.

Confidential Arbitration

You agree that by entering into these Terms, you and Lazy Lee are each waiving the right to trial by jury and the ability to participate in a class action.

ALL DISPUTES BETWEEN YOU AND LAZY LEE RELATING IN ANY WAY TO THE LAZY LEE SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE LAZY LEE SITE, LAZY LEE’ ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES LAZY LEE SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE LAZY LEE SITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT.

Any User who intends to seek arbitration must first send to Lazy Lee, by certified mail, a written Notice of Dispute ("Notice"). The Notice must be mailed to Gherman Legal PLLC, Attn: Sergiu Gherman Esq. 25 SE 2nd Ave, Suite 808, Miami FL 33131-1603. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.

All arbitrations required by these Terms will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law no arbitration brought under, or with respect to, the Lazy Lee Site (including, without limitation, any Lazy Lee advertisement or disclosure, any email or mobile SMS (text) message that Lazy Lee sends to you, the collection or use of any information about you in connection with the Lazy Lee Site), these Terms or your status as a User is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Lazy Lee and you agree otherwise, the arbitrator may not consolidate more than one User’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.

For arbitration claims you assert against Lazy Lee in accordance with this section (but not for any arbitration claim against you) Lazy Lee will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Lazy Lee will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST LAZY LEE IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE LAZY LEE SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE LAZY LEE SITE, LAZY LEE’ ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES LAZY LEE SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE LAZY LEE SITE), THESE TERMS, OR YOUR STATUS AS A USER. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND LAZY LEE.

Lazy Lee or you may seek injunctive relief in any state or federal court in Miami, Florida, USA, and Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in Miami, Florida, USA for injunctive relief purposes.

Applicable law

By visiting the Lazy Lee Site, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Lazy Lee.