Leksi Terms & Conditions

Welcome to Leksi! Leksi, LLC. (“Leksi”, “us” or “we”) is the operator of the www.Leksi.co site (the “Site”). These terms and conditions, together with any documents they expressly incorporate by reference (collectively the “Terms”), govern your access and use of the Site, including any content, functionality, and services offered on or through the Site, whether as a guest or a registered user. These Terms also apply to the use and sale of products, content, and other services through the Site.            
By accessing, browsing or using this Site you acknowledge that you have read, understood and agreed to be bound and abide by the Terms. If you do not agree to these Terms, you should not use or access this Site.

Agreement to these Terms also constitutes your agreement to the Leksi Privacy Policy (the “Privacy Policy”) and Additional Terms (as defined in Section 3 of these Terms), which are incorporated herein.

Use of the Site

You may use the Site and its services only for your own noncommercial personal use and in compliance with these Terms. By using the Site, you represent and warrant that you (i) are located inside the United States, or (ii) are located outside the EU or EEA and agree to be bound by U.S. laws. The Site are intended for users situated in the United States. We currently do not offer goods and services to the EU or EEA.    We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.    You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Leksi. You may not otherwise copy, modify, or distribute the contents of this Site, its services, and its byproducts without the prior written consent of Leksi. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part. We require all Members (as defined below in section 4 of these Terms) to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy rights of another person or entity
- Posting any information which is untrue, inaccurate or not your own
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
- Attempting to interfere in any way with the Site or Leksi’s network security, or attempting to use the Site service to gain unauthorized access to any other computer system
- Using the Site or parts of the site to sell your own services.
- You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding,'' “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of Leksi.

Registration and Passwords

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. You agree to notify us and our third party provider immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We may suspend or terminate your access at any time with or without notice. To understand how we use the information collected from you, please read our Privacy Policy.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders, or your use of certain portions of the Site, including with respect to ordering and return policies, review guidelines, community guidelines, and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

We may use third party providers to fulfill your orders and requests. These third party providers may have their own Terms. Refer to the third party provider to review their Terms and Conditions.

Access to the site

The Site is available to registered and unregistered users who have not been suspended or removed by Leksi for any reason (each, a “Member”). You must be 18 years old in order to make a purchase on our Site. If you are under 18 years old, then you may not make a purchase on our Site. We reserve the right to revoke your ability to access the products and services offered on the Site for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice.        

Fraud Protection

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to fulfill the order due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Transactions

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Leksi the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Leksi reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

You agree that by placing an order on the Site, you are entering into a binding contract with Leksi and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation. In addition, you remain responsible for any taxes that may be applicable to your Transactions.


The Access Contract Between You And Us

Leksi offers subscription products on the Site. Because products are updated to ensure that information is accurate and timely, all purchased products may be accessed for 1 year. After 1 year, the product will be expired and access will be revoked. To continue to use the product after expiration, the products may be manually re-purchased.

Changes to the Price of Leksi Products and Services

We reserve the right to adjust pricing for our products and services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes will take effect on your next purchase.

Refund Policy

Leksi monthly subscriptions are non-refundable, and no prorated refunds or credits will be offered for partially used subscriptions. However, if we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future. If you cancel your monthly subscription, you’ll retain access to the subscription until it expires (30 days from purchase).

Product Information and Content

We strive to ensure that the information and content on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.

Information on our Site may not be inclusive of all available data or mayb be limited in scope, e.g. use in the US, most commonly used products or agents etc. This limitation does not constitute a Members right to a refund or cancelation of order.

Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Leksi or our licensors and are protected by United States and international copyright, trademark and/or other intellectual property or proprietary rights and laws. These Terms permit you to use the Site for your personal, non-commercial use only. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

Leksi and the Leksi logo are copyrighted, and The Journal of Leksi, Leksi 101, are copyrighted by Leksi , Inc. All other trademarks names, product, services names, designs, and slogan are the property of their respective owners. All of our Site's content is copyrighted by Leksi, LLC. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Leksi.

If you submit an unsolicited idea to us via the Site, or otherwise, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Leksi to utilize your idea, you hereby grant Leksi an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Contributed Content Guidelines

Leksi values your engagement. When contributing content, please remember the following guidelines:

By submitting or posting any materials or content on the Site, you grant Leksi a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Leksi the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Leksi will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

All contributed content is subject to the Terms, which include our policy regarding copyright infringement, and our User Generated Content Terms;

We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:

- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Use obscenities, discriminatory language, or other language not suitable for a public forum
- Post advertisements, “spam” content, or references to other products, offers, or websites
- Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information
- Post unduly critical or spiteful comments of other content posted on the page or its authors
- Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents
- Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity

We are under no obligation to screen or monitor any content, but may review the content from time to time at its sole discretion. We reserve the right to edit or remove any content at our sole discretion for any reason.

Under no circumstances will Leksi be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any such content or communications posted on the Site or endorse any opinions expressed therein.

In addition, if you wish to share feedback with us about products, pricing, ordering, content or other customer service issues, please contact us directly via hello@leksi.co.

General Disclaimers

You assume all responsibility and risk with respect to your use of the Site. THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND OUTCOMES IN GRADES OR LIFESTYLE. SPECIFICALLY, BUT WITHOUT LIMITATION, LEKSI DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Leksi makes no warranties of any kind regarding any non-Leksi sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Leksi makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Leksi sites. Leksi does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

Disclaimer – No Professional Advice

Any information provided by us on our products, blog/journal, or otherwise (e.g. flashcard content, blog/journal posts) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice.

This Site may include content provided by third parties, including services required to fulfill services, materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Leksi are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Leksi. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Indemnification

You agree to indemnify, hold harmless, and defend Leksi, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms, defamatory or infringing content posted to the Site by you, or your violation of any law or the rights of a third party.          

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LEKSI, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF LEKSI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF LEKSI, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ANY DIRECT DAMAGES, EXCEED THE AMOUNT YOU PAID TO LEKSI IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

International Use

We control and operate the Site from the United States. We provide this Site for use only persons located in the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Copyright Infringement; Notice and Take Down Procedures

Leksi specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Leksi will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifice of claimed copyright infringement should be sent to hello@Leksi.co.

To be effective, the notice must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notifice, a representative list of such works at that site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Waiver; Remedies

The failure of Leksi to partially or fully exercise any rights or the waiver of Leksi of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Leksi or be deemed a waiver by Leksi of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Leksi under these Terms and any other applicable agreement between you and Leksi shall be cumulative, and the exercise of any such right or remedy shall not limit Leksi’s right to exercise any other right or remedy.          

Governing Law

All matters related to the Site and these Terms shall be governed and constructed in accordance with the laws of the State of Oregon without regard to conflict of laws provisions.

Dispute

Any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the Site (including the Journal of Leksi or Leksi 101), or to your relationship to Leksi ("Claims") shall be exclusively submitted to confidential and binding arbitration in Portland, Oregon, including based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Oregon. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Leksi agree in writing, and the arbitrator shall apply Oregon law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association
Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties.

ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND LEKSI HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

Changes to the Site

We may update the content on the Site from time to time. In addition, Leksi reserves the right to revise these Terms at any time by updating this posting; provided any material modifications will only be applied prospectively. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You are encouraged to review these Terms each time you use the Site and prior to purchasing any product or service that are available through this Site. Your continued use of the Site after the posting of changes will constitute your acceptance of and agreement with such changes.

Your Feedback

This Site is operated by Leksi, LLC. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to hello@leksi.co.                        

Last updated: March 2020