IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER (SECTION 11). THEY MATERIALLY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
1. ACCEPTANCE OF THE TERMS OF USE
These Terms of Use (the “Terms”) constitute a legally binding agreement between you (“User,” “You,” or “Visitor”) and Leroi Labs LLC and its affiliates (collectively, “Leroi,” “we,” “us,” or “our”). By accessing, browsing, or using the website located at runleroi.com (the “Site”), accessing Leroi web portals, requesting a quote, or purchasing Leroi products and services (“Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY EXIT THE SITE AND DISCONTINUE ALL USE OF Leroi SERVICES.
Leroi reserves the right to modify these Terms at any time without prior notice. Changes are effective immediately upon posting. Your continued use of the Site after any modification constitutes your acceptance of the revised Terms.
2. INCORPORATION OF PRIVACY POLICY
Your use of the Site is also governed by our Master Privacy Policy, which is hereby strictly incorporated by reference into these Terms. You acknowledge that you have read the Privacy Policy (available at https://www.runleroi.com/privacy-policy/) and consent to the data practices described therein. A violation of the Privacy Policy by you shall be deemed a material breach of these Terms. Any dispute regarding privacy, data protection, or communications (including TCPA/SMS claims) is subject to the Arbitration and Limitation of Liability provisions in these Terms.
3. CONSENT TO SITE MONITORING & SESSION REPLAY (CIPA NOTICE)
IMPORTANT LEGAL NOTICE: To ensure Site functionality, prevent fraud, and analyze user behavior to improve our services, Leroi uses third-party analytics and "session replay" software (such as Hotjar, FullStory, Google Analytics, and similar tools). By accessing the Site, you explicitly and affirmatively consent to:
- (A) The real-time monitoring, interception, recording, and storage of your interactions with the Site by Leroi and its third-party vendors; and
- (B) The capture of your mouse movements, clicks, keystrokes, text input (including form data), scrolling activity, and page navigation. You acknowledge that this collection is essential for the operation of the Site and constitutes your "prior express written consent" to the monitoring, recording, and transcription of your site activity under the California Invasion of Privacy Act (CIPA), the Pennsylvania Wiretapping and Electronic Surveillance Control Act, and other applicable state and federal wiretapping laws.
4. SMS Terms and Conditions
4.1. SMS Consent Communication. Phone Numbers obtained as part of the SMS consent process will not be shared with third parties for marketing purposes. Originator opt-in data and consent will not be shared with any third parties, except as necessary for Leroi Labs' service providers to aid Leroi Labs to fulfill your specific service requests.
4.2. Types of SMS Communications. If you have consented to receive text messages from Leroi Labs, you may receive messages related to the following:
- Appointment reminders
- Follow-up messages
- Promotions or offers
Example: "Hello, this is a reminder of your upcoming appointment for a demo of Leroi over Google Meet on Thursday. Reply STOP to opt out of SMS messaging at any time."
4.3. Message Frequency. Message frequency may vary depending on the type of communication. For example, you may receive up to two (2) SMS messages per week related to reminders for your appointment(s).
4.4. Potential Fees for SMS Messaging. Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.
4.5. Opt-In Method. You may opt-in to receive SMS messages from Leroi Labs by submitting an online form. If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.
4.6. Opt-Out Method. You can opt out of receiving SMS messages at any time. To do so, simply reply "STOP" to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.
4.7. Help. If you are experiencing any issues, you can reply with the keyword “HELP”. Or, you can get help directly from us by calling (347) 783-0980.
4.8. Standard Messaging Disclosures.
- Message and data rates may apply.
- You can opt out at any time by texting "STOP".
- For assistance, text "HELP" or visit our Privacy Policy and Terms of Use pages.
- Message frequency may vary
5. INTELLECTUAL PROPERTY RIGHTS
5.1. Content Ownership. The entire content of this Site—including but not limited to graphics, logos, text, images, code, software, audio, video, and data compilations (collectively, "Content")—is the exclusive property of Leroi, its affiliates, or its content suppliers and is protected by U.S. and international copyright, trademark, patent, and trade dress laws.
5.2. Trademarks. "Leroi," the Leroi icon, runleroi.com, and all related logos and service names are registered trademarks or trade dress of Leroi. You may not use these marks in connection with any product or service that is not Leroi’s, in any manner likely to cause confusion, or in any manner that disparages Leroi.
5.3. Limited License. Leroi grants you a limited, revocable, non-exclusive, non-transferable license to access the Site solely for personal, non-commercial use. Any unauthorized use, reproduction, modification, distribution, scraping, or transmission of the Content is strictly prohibited and results in immediate revocation of this license.
6. PROHIBITED CONDUCT & USE RESTRICTIONS
You agree NOT to use the Site for any unlawful purpose. Specifically, the following activities are strictly prohibited and constitute a material breach of these Terms:
- Scraping & AI Training: Using any robot, spider, scraper, offline reader, deep-link, or other automated data gathering tool to access the Site, extract data, or train artificial intelligence (AI) or machine learning models without Leroi’s express written permission.
- Security Breaches: Attempting to probe, scan, or test the vulnerability of the Site or our network; breaching security or authentication measures ("hacking" or "password mining").
- Interference: Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure (DDoS) or interferes with the proper working of the Site.
- Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or derive the source code of any software comprising the Site.
7. TERMINATION
Leroi reserves the right, in its sole discretion, to terminate or suspend your license to use the Site and to block your future access to the Site at any time, for any reason, without notice. Reasons for termination include, but are not limited to, your breach of these Terms, requests by law enforcement, or technical issues.
8. DISCLAIMER OF WARRANTIES
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LEROI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LEROI DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. LIMITATION OF LIABILITY (HARD CAP)
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- NO CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL LEROI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, REVENUE, OR DATA) ARISING FROM YOUR USE OF THE SITE OR SERVICES.
- MONETARY CAP: LEROI’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE STRICTLY LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO LEROI IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
- BASIS OF THE BARGAIN: YOU ACKNOWLEDGE THAT LEROI HAS SET ITS PRICES AND PROVIDED ACCESS TO THE SITE IN RELIANCE UPON THESE LIMITATIONS OF LIABILITY, WHICH FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Leroi and its affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (i) your use of the Site or Leroi Services; (ii) your violation of these Terms; or (iii) your violation of any third-party right, including without limitation any intellectual property or privacy right.
11. DISPUTE RESOLUTION: ARBITRATION & CLASS WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT WAIVES YOUR RIGHT TO A JURY TRIAL.
11.1. Mandatory Informal Dispute Resolution. Before filing any arbitration or claim, you agree to first send a detailed Notice of Dispute to [email protected]. You and Leroi agree to attempt to resolve the dispute in good faith for a period of sixty (60) days. You may not initiate arbitration until this period has expired.
11.2. Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Services (including statutory claims such as TCPA, CIPA, or BIPA) shall be determined by binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.
11.3. Governing Law & Venue. These Terms shall be governed by the laws of the State of New York, without regard to conflict of law principles. The seat of arbitration shall be Kings County (Brooklyn), New York, or remotely if mutually agreed.
11.4. Class Action Waiver. YOU AND LEROI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
11.5. Mass Arbitration Protocol ("Batching"). To prevent the abuse of the arbitration process, if 25 or more similar demands for arbitration are filed against Leroi by the same or coordinated counsel ("Mass Filing"), the following protocol applies:
- Staged Batches: Claims shall be organized into batches of 50 demands at a time.
- Suspension of Fees: AAA filing fees for all claims outside the active batch shall be suspended until the claim becomes part of an active batch.
- Bellwether Process: The first batch shall proceed to arbitration to establish precedent. No other demands may be filed or processed until the first batch is resolved.
- Mandatory Mediation: Prior to the arbitration of any subsequent batch, the parties shall engage in a global mediation to attempt to resolve the remaining claims.
- Authority: A court of competent jurisdiction shall have the authority to enforce this batching protocol and enjoin the filing or prosecution of arbitration demands that violate it.
12. GENERAL PROVISIONS
- Severability: If any provision of these Terms is held to be invalid or unenforceable (except for the Class Action Waiver), such provision shall be struck and the remaining provisions shall remain in full force and effect.
- Entire Agreement: These Terms, together with the incorporated Privacy Policy, constitute the entire agreement between the parties regarding the Site.
- No Waiver: Leroi's failure to enforce any right or provision of these Terms will not be considered a waiver of such right.
CONTACT US
Leroi Labs LLC
Email: [email protected]
Phone: 866-984-1713