PLEASE READ THIS USER AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. IT LIMITS 7MAINSTREET'S LIABILITY AND YOUR REMEDIES.
This is a contract between you and Leff Technology Holdings, LLC, a Delaware Limited Liability Company located in Philadelphia, Pennsylvania with a mailing address of P.O. Box 30527, Philadelphia, PA 19103. Leff Technology Holdings, LLC does business as 7Mainstreet, 7Mainstreet.com, and 7 Main Street. "We," "our," "7Mainstreet" or 7Mainstreet means Leff Technology Holdings, LLC and its successors and assigns. This contract covers your use of the 7Mainstreet Services (defined below). By checking the box next to "I agree to the User Agreement" and clicking "SUBMIT," you agree to be bound by this contract. If you do not agree to this User Agreement, check the box next to "I do not agree to the User Agreement" and click "SUBMIT." Your registration will be discontinued and you will not be permitted to access or use the 7Mainstreet Services (defined below) available to Members (defined below). You may not use or acces the 7Mainstreet Services if you are under age 18. This contract limits our liability.
This contract also limits your remedies. We do not provide any warranties for the 7Mainstreet Services (defined below). Please read Sections 5 and 7 carefully. They contain these limitations.
7Mainstreet operates business networking, social networking, and e-commerce services that allow Members (defined below) to create unique business and personal profiles online in order to make connections, transact business, and communicate with old and new contacts. The 7Mainstreet Services (defined below) are hosted in the United States.
You represent, warrant, and covenant that:
We provide the 7Mainstreet Services "as is," "with all faults," and "as available." We give no express warranties or guarantees. To the extent permitted by law, we exclude and disclaim all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so some or all of these limitations may not apply to you.
By using 7Mainstreet Services, you may choose to do business with parties other than 7Mainstreet. For example, you may choose to buy items in the Marketplace or choose to do business with an entity that advertises on the 7Mainstreet Services.
We have no control over and do not guarantee the quality, safety, or legality of items or services advertised by third parties, the ability of third-party sellers to sell items, the ability of third-party buyers to pay for items, or that a third-party buyer or seller will actually complete a transaction. We make no warranties or guarantees for goods or services sold. See Section 5 of this User Agreement.
We are not involved in any actual transactions between you and a third-party buyer or seller. We do not transfer legal ownership of goods between you and a third-party buyer or seller, and nothing in this User Agreement shall modify the governing provisions of the Pennsylvania Uniform Commercial Code, 13 Pa. Cons. Stat § 2401(2), Uniform Commercial Code § 2-401(2), or other applicable law, under which legal ownership of goods may be transferred upon physical delivery of the goods to the buyer by the seller. Unless the buyer and the seller agree otherwise or other law applies, title passes to the buyer at the time and place at which the seller completes the seller’s performance with reference to the physical delivery of the goods, in accordance with Pennsylvania Uniform Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2).
We have designed the Marketplace so that buyers and sellers exchange money through PayPal or by using a check or money order. We are not involved in any actual exchange of funds between buyers and sellers. If you elect to use PayPal, you do so at your sole risk and you are subject to PayPal’s policies and agreements. We are not responsible the conduct of PayPal or its policies or practices. If you elect to accept checks or money orders, you do so at your sole risk. You assume the risk that a buyer may fail to send you a valid check or money order or otherwise fail to make payment. If you do not want to assume the risks associated with selling an item, you have the option of not selling items in the Marketplace.
We charge fees for using some services. We make no warranties for the services we sell. See Sections 5 and 11 of this Agreement.
If 7Mainstreet should be found liable despite the terms of this User Agreement, you can recover from 7Mainstreet only your actual direct damages up to an amount equal to the greater of (a) the fees you paid to 7Mainstreet in the 12 months before the act giving rise to the liability, or (b) $100. You cannot recover any other damages. Consequential, special, indirect, or incidental damages, including lost profits or business opportunities are hereby disclaimed, whether or not any limitation on any remedy included herein is deemed to fail of its essential purpose.
This limitation applies to:
It also applies even if:
Some states do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitations or exclusions may not apply to you.
You agree to indemnify and hold 7Mainstreet (and its officers, directors, members, managers, agents, subsidiaries, affiliates, joint venturers, shareholders, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement, or your violation of any law or regulation or the rights of a third party. This obligation will survive and continue after termination of this User Agreement.
We reserve the right, in our sole discretion, to terminate you as a Member, to reject, refuse to post or remove any posting (including private messages) submitted by you, or to restrict, suspend, or terminate your access to all or any part of the 7Mainstreet Services at any time, for any or no reason, without notice, and without liability, and without waiving any other rights or remedies.
We may limit, suspend, or terminate any 7Mainstreet Service at any time without notice and without liability.
You may terminate your Membership at any time, for any reason, by deleting your 7Mainstreet profile. To delete your profile, follow the delete profile link on the 7Mainstreet My Profile page. This User Agreement will survive the termination of your Membership and remain in effect to govern your and our rights and responsibilities even when you are no longer a Member.
When you register to become a Member, you will be asked to choose a password. You agree to keep your password confidential and not to disclose it to any third party. You agree not to use the account, username, or password of another Member at any time. You are solely responsible for any and all use of your account and the protection of the security of your password.
7Mainstreet membership is free. We charge fees for using some services, including a transaction fee for items sold in the Marketplace, Sponsored Links, Featured Businesses, and Featured Products. Click here to view our Fee Schedule. When you use a 7Mainstreet Service that has a fee you have an opportunity to review and accept the fee that you will be charged based on our fee schedule, which we may change from time to time. We may choose to change the fees for our services temporarily for promotional events or new services, and such changes are effective when we post the temporary promotional event or new 7Mainstreet Service.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the 7Mainstreet Services in a timely manner with a valid payment method. If your payment method fails, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel.) You will be responsible for any costs, including attorneys’ fees, associated with fee collection.
When you register to sell items in the Marketplace, we will ask for credit card information. We encrypt your credit card information and store it on a secure server. Upon registration, we will submit a preauthorization for a small amount (usually between $0.01 and $1.00) to your credit card account in order to validate. We will not charge your account, but the preauthorization may appear on your statement. Once we verify your account, you may post items for sale in the Marketplace.
Payments through PayPal
If you choose to accept payment via PayPal (and the buyer agrees to pay via PayPal), we will charge your credit card account the applicable Marketplace fee three business days after the transaction has been completed.
We consider a transaction conducted through PayPal to be completed when the buyer clicks “PayPal click here to pay” and is transferred to the PayPal site. We cannot tell whether a buyer actually completes the transaction by means of PayPal. You agree to check the transactions posted to your 7Mainstreet account and your PayPal account and to notify us within three business days if a transaction has not been completed. To notify us that a transaction has not been completed, click the PayPal Verification link next to the transaction on your Dashboard page. We will not accept notification by any other means. If you notify us that a transaction has not been completed within three business days after the buyer clicked “PayPal click here to pay,” your credit card account will not be charged a Marketplace fee.
We reserve the right to investigate any notices that a transaction has not been completed. If we detect any abnormal patterns or practices, we may, at our sole discretion, terminate your rights to use the Marketplace or take other action we deem appropriate.
Once your credit card account has been charged, Marketplace fees are final and non-refundable. We will not refund a Marketplace fee if you notify us after three business days that transaction has not been completed by means of PayPal, or if the transaction is cancelled, or if you give the buyer a refund, or if you provide another reason.
Payments by Check or Money Order
If you choose to accept payment via check or money order (and the buyer agrees to pay via check or money order), we will charge your credit card account the applicable Marketplace fee after the transaction has been completed.
We consider a transaction conducted by check or money order to be completed when the buyer clicks “Money Received” We cannot tell whether a buyer actually completes the transaction by check or money order. You assume the risk that a buyer may fail to deliver a valid check or money order or otherwise fail to make full and complete payment.
Once your credit card account has been charged, Marketplace fees are final and non-refundable. We will not refund a Marketplace fee if a buyer fails to pay, or if the transaction is cancelled, or if you give the buyer a refund, or if you provide another reason.
When you register for other fee-based services, your sales representative will ask you for credit card information and charge your credit card for the services you purchase.
All transactions for 7Mainstreet Services will be conducted in U.S. Dollars.
All sales of 7Mainstreet Services are final. 7Mainstreet will not provide refunds or exchanges for purchased 7Mainstreet Services.
The 7Mainstreet Services are for the legitimate business and personal use of its Users and may not be used in connection with endeavors that are not specifically endorsed or approved by 7Mainstreet. Illegal and/or unauthorized access to or use of 7Mainstreet Services is prohibited. You are responsible for ensuring that your use of 7Mainstreet Services is lawful. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this User Agreement, including without limitation, removing any offending posting from the 7Mainstreet Services, terminating the Membership of such violators, and reporting activities to enforcement authorities.
You agree that you will not:
The following types of goods and services are prohibited from the 7Mainstreet Services, including but not limited to the Marketplace. THIS IS NOT A COMPLETE LIST. Any transaction that is otherwise prohibited by the law of any jurisdiction applicable to the transaction shall be prohibited from the 7Mainstreet Services. We, in our sole discretion, reserve the right to prohibit any goods or services for any reason without notice. Users must not list goods or services in the Marketplace that require government authorization for distribution to third parties unless they take all necessary steps to ensure that purchases are made only as authorized by law.
The conveyance of real property must take place in accordance with the laws of the relevant jurisdiction. No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between 7Mainstreet and any seller or buyer of real estate. 7Mainstreet makes no representations about any real property advertised using the 7Mainstreet Services; about the sellers of such properties; about the payment of any commissions that may otherwise be due to any third parties in connection with the purchase and sale or real property; about the accuracy of information provided by sellers; or about the financial capabilities of prospective buyers.
Goods that are to be shipped or delivered via the mail or any private delivery service must comply with all laws, rules, and regulations and the terms of shipment or delivery established by the U.S. Postal Service any such private delivery service.
When you provide us Content, you grant 7Mainstreet a non-exclusive, worldwide, irrevocable, fully paid and royalty-free right and license to use that Content in connection with the 7Mainstreet Services, including the right and license to reproduce and publicly display the Content and to allow access to and use of the Content by all Users. Your grant of the Content license includes the right to grant sublicenses.
7Mainstreet does not claim any ownership rights in your Content. You will continue to retain all ownership rights in your Content, and you will continue to have the right to use your Content in any way you choose. By posting, displaying, or otherwise providing any Content on or through the 7Mainstreet Services, you are granting to 7Mainstreet and to other Users the right to use, copy, distribute, display, and modify your Content in connection with the 7Mainstreet Services. If you submit a photograph or other digital image, you waive any and all rights of privacy and publicity with respect to the images.
The license you grant to 7Mainstreet is non-exclusive (meaning you are free to license your Content to anyone else in addition to 7Mainstreet), fully-paid and royalty-free (meaning that 7Mainstreet is not required to pay you for the use on the 7Mainstreet Services of your Content), sub licensable (so that 7Mainstreet is able to use its affiliates and contractors, such as Internet content delivery networks, to provide the 7Mainstreet Services), and worldwide (because the Internet and the 7Mainstreet Services are global in reach). For each submission of Content, you must have all rights necessary for you to grant the permissions in this section and your submission of Content includes a representation that you have such rights. The license granted by you under this section will terminate at the time you remove your Content from the 7Mainstreet Services.
The 7Mainstreet Services may contain proprietary information, materials, and original works of authorship owned by 7Mainstreet or licensed to 7Mainstreet by third parties ("7Mainstreet Content"). 7Mainstreet grants you a limited, revocable, non-exclusive, nonsublicensable license to reproduce and display the 7Mainstreet Content (excluding any software code) solely for your personal use in connection with any authorized use of the 7Mainstreet Web site and accessing the 7Mainstreet Services. 7Mainstreet reserves all other rights in and to the 7Mainstreet Content. You may not modify, translate, or create derivative works of any 7Mainstreet Content and you may not publish, transmit, sell, or attempt to sell or transfer or otherwise exploit any 7Mainstreet Content. You may not alter or remove any copyright, trademark, or other proprietary rights indicators associated with 7Mainstreet Content.
Copyright and other intellectual property laws and treaties protect the software and content associated with the 7Mainstreet Services. 7Mainstreet or its licensors own the title, copyright, and other intellectual property rights in all software and content other than your Content. Such software and content is licensed and not sold to you. You do not have ownership rights to any 7Mainstreet content, software or other content made available or accessible on the 7Mainstreet Services, regardless of how such software and the 7Mainstreet Content is used or downloaded. The license granted to you under this section will terminate on the date your 7Mainstreet Membership ends.
If you believe that your work has been copied, posted, or otherwise used on the 7Mainstreet Services in a way that constitutes copyright infringement, please notify our Copyright Agent at the address provided below. In order for us to act promptly to remove allegedly infringing content in accordance with the Digital Millennium Copyright Act, your notice must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the 7Mainstreet Services; (iv) your address, telephone number, and e-mail address; (v) a written 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 7Mainstreet's Copyright Agent for notice of claims of copyright infringement can be reached as follows: John Bounds, 7Mainstreet Copyright Agent, c/o Corporation Service Company, 2711 Centerville Road, Suite 400,Wilmington, DE 19808; e-mail address: dmcasop@cscinfo.com; telephone: 1-800-927-9800; facsimile: 1-302-636-5454. For more information, refer to the Notice and Procedure for Making Claims of Copyright Infringement at www.copyright.gov/legislation/dmca.pdf.
The following is a summary of our Privacy Policy. Click here to see the full text of our Privacy Policy. You agree to our Privacy Policy, which is by made a part of this User Agreement.
7Mainstreet collects the personal information you provide when you register or update your Membership. We collect your billing information when you sign up for fee-based services. We also collect the information you post on 7Mainstreet. When you browse 7Mainstreet, our system automatically receives and records information on our server logs from your browser, including your IP address, cookie, and the page you request. We also place cookies on your computer.
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. We use information for the following general purposes: billing, identification, authentication, services improvement and delivery, product improvement and delivery, User contact, service announcements, advertising, research, customization, and anonymous reporting. IP addresses may be used for various purposes, including: diagnosing or servicing technology problems reported by our Users or engineers that are associated with the IP addresses controlled by a specific Web company or Internet Service Provider, and estimating the number of Users visiting 7Mainstreet from specific geographical regions. We use cookies for a number of purposes, including: accessing your information when you log in, keeping track of your preferences, displaying the most relevant information and advertising banners based on your interests and activity online, estimating and reporting our total audience size and traffic, and conducting research to improve 7Mainstreet content and services. We do not link the information we store in cookies to any personally identifiable information you submit while accessing or using our site, except for your IP address, which may be considered personally identifiable information in some jurisdictions.
We may share the personal information we collect in order to complete fee-based transactions, investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of this User Agreement, or as otherwise required by law. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights or comply with a judicial proceeding, court order, or legal or administrative process served on us.
Ads appearing on 7Mainstreet may be delivered to Users by one of our advertising partners. Our policies may be different than those of our advertising partners. We are not responsible for the conduct of our advertising partners or their policies or practices.
If you post Content to a Web site, bulletin board, forum, blog or any area on the 7Mainstreet Web Site, you should be aware that any personally identifiable information you submit t can be read, collected, or used by other Users, and could be used to send you unsolicited messages. We are not responsible for further distribution of the personally identifiable information you choose to provide.
We never sell or disclose your name, e-mail address, or other personally identifiable information to third parties without your consent, except as described in this User Agreement and our Privacy Policy.
7Mainstreet may change its Privacy Policy in the future in accordance with Section 17 below.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this User Agreement at any time. We will post any changes to this User Agreement on this page and will indicate at the top of this page the date these terms were last revised. We will give you at least 30 days' notice by posting the changes on the 7Mainstreet User Agreement Web page or by e-mail. It is your responsibility to check this Web page regularly to determine if there have been changes to this User Agreement. If you do not agree to the changes, then you must cancel your Membership and stop using the 7Mainstreet Services before the changes become effective. If you continue using the 7Mainstreet Services, then your use of the 7Mainstreet Services will continue under this User Agreement as modified.
We do not accept e-mail notices. Except as provided in Sections 11 and 15, you may notify us using postal mail. Our address is P.O. Box 30527, Philadelphia, PA 19103. You may notify us that a transaction has not been completed by following the procedures set forth in Section 11.
You may notify 7Mainstreet of claims of copyright infringement by following the procedures set forth in Section 15.
We will send you certain notices in connection with the 7Mainstreet Services. There may be other information regarding the 7Mainstreet Services that the law requires us to send you. We may send you this information in electronic form via e-mail or online posting. You have the right to withdraw your consent to electronic notice, but if you do, we will terminate your Membership.
We may provide required information to you:
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. If you do not consent to receive any notices electronically, you must stop using the 7Mainstreet Services.
If you sell goods or services in the Marketplace or through any 7Mainstreet Service, you are responsible for calculating and paying all applicable taxes.
Claims for the enforcement or breach of this User Agreement will be governed by the laws of the Commonwealth of Pennsylvania, USA without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be governed by the laws of your state or province of residence in the United States and Canada, or, if you reside outside of the United States or Canada, the laws of the Commonwealth of Pennsylvania, without reference to conflict of laws principles.
You consent to the exclusive jurisdiction and venue of state or federal courts in Philadelphia, Pennsylvania, USA for all disputes related to this User Agreement or the 7Mainstreet Services. You may only sue us in Philadelphia, Pennsylvania. You cannot revoke this consent.
We may assign this User Agreement, in whole or in part, at any time with or without notice to you. You may not assign this User Agreement, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your Membership. The other party may then become a Member and enter into a User Agreement with us.
Any claim related to this User Agreement or the 7Mainstreet Services must be brought within one year. This one-year period begins on the date when the claim first could be filed. If not filed within one year, that claim is permanently barred. This applies to you and your successors and assigns.
You are solely responsible for your interactions with Users.
If you have a dispute with one or more Users, you release 7Mainstreet (and 7Mainstreet's officers, directors, members, managers, agents, subsidiaries, affiliates, joint venturers, shareholders, and employees) from claims, liabilities, demands, and damages (direct and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a resident of California or a jurisdiction with a similar law, you waive California Civil Code §1542 which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor" or any similar law.
If two or more Members claim the same business name, location, telephone number, e-mail address, Web site, or other means of identification, we will determine, in our sole discretion, to which Member, if any, it should be awarded, and our decision will be final and binding unless one of the affected Members invokes arbitration against all other affected Member(s). Any controversy or claim arising out of or relating to a dispute over which Member shall be entitled to claim a business name, location, telephone number, e-mail address, Web site, or other means of identification, shall be settled by arbitration between the affected Members administered by the American Arbitration Association under its Commercial Arbitration Rules with Expedited Procedures, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. We will not be a party to the arbitration or pay any arbitration fees or costs, but will abide by the arbitrator's award, unless set aside by a court.
Our failure to exercise or enforce any right or provision of this User Agreement shall not operate as a waiver of such right or provision.
The section titles in this User Agreement are for convenience only and have no legal or contractual effect.
7Mainstreet, 7Mainstreet.com, and 7Mainstreet are the service marks of Leff Technology Holdings, LLC.
This User Agreement operates to the fullest extent permissible by law. If any provision of this User Agreement is determined to be unlawful, void, or unenforceable, that provision is deemed severable from this User Agreement and does not affect the validity and enforceability of any remaining provisions.
Software available in connection with the 7Mainstreet Services (the "Software") is subject to United States export controls. No Software may be downloaded from the 7Mainstreet Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
This User Agreement constitutes the entire agreement between you and us regarding the use of the 7Mainstreet Services.
If you do not agree to the terms of this User Agreement, you should leave the 7Mainstreet Web site and discontinue use of the 7Mainstreet Services immediately.
Minors are prohibited from using 7Mainstreet Services.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that you do not want a minor to view. Click here for information regarding parental controls. We do not provide, and are not responsible for and cannot assure the functioning of, any parental control protection you choose to use.
