TERMS AND CONDITIONS OF USE FOR DEALER PORTAL

Effective Date of Terms: May 10, 2022.

  1. GENERAL; AGREEMENT TO TERMS; GENERAL
    These Terms and Conditions of Use (“Terms”) are entered into by and between you and Sleek Home Delivery INC. (‘SHD’)In consideration of your use of and access to the Dealer Portal (the “Site”), and the promises and obligations herein, and intending to be legally bound, you and SLEEK HOME DELIVERY INC. (‘SHD’) hereby agree as follows:
    a. This Site may be accessed and used solely by dealers of Sleek Home Delivery INC. (‘SHD’)Sleek Home Delivery INC. (‘SHD’)products that have active leases financed by SLEEK HOME DELIVERY INC. (‘SHD’), and their employees and agents (each, a “Dealer”). If you are not a Dealer, you must discontinue use of the Site and services provided on or through the Site. Each Dealer is responsible for compliance with these Terms by the individual users whom it has authorized, through its Administrator user, to use this Site.
    b. Your access to and use of this Site is subject to and governed by these Terms. By using this Site, you agree to comply with and will be deemed to be bound by these Terms and all applicable laws and regulations in connection with your use of the Site.If you do not agree to be bound by these Terms and all applicable laws and regulations you are required to leave the Site and discontinue use of the Site and services provided on or through the Site.
    c. Among other things, this Site provides general information concerning SLEEK HOME DELIVERY INC. (‘SHD’) services and Sleek Home Delivery INC. (‘SHD’), as well as the opportunity for Dealers to view customer, lease and asset details, run quotes, submit credit applications on behalf of customers, manage users, and, if and when offered by SLEEK HOME DELIVERY INC. (‘SHD’) through the Site, view and enter equipment meter data. Accessing the Dealer Portal requires registration. SLEEK HOME DELIVERY INC. (‘SHD’) reserves the right to refuse to allow registration for or access to the Dealer Portal to any person or entity, for any reason, at any time, in its sole discretion.
    d. These Terms and the information provided on the Site do not modify or supersede and in no way override the terms and conditions of any written dealer agreement or other contract between you and SLEEK HOME DELIVERY INC. (‘SHD’) or Sleek Home Delivery INC. (‘SHD’). IN CASE OF A CONFLICT BETWEEN THE TERMS AND CONDITIONS OF YOUR DEALER AGREEMENT AND THESE TERMS, THESE TERMS WILL CONTROL, BUT ONLY WITH RESPECT TO YOUR ACCESS AND USE OF THIS SITE.
    e. You may not use any automatic device, extraction tool, robot, program or technology, or any equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Site.
    f. You may only access and view those lease portfolios for which the Dealer with whom you are associated is responsible, and that you, as an individual user, are authorized to view.2. CHANGES IN TERMS; TERMINATION.
    SLEEK HOME DELIVERY INC. (‘SHD’) shall have the right, in its sole discretion, at any time and without prior notice, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. The date of the last revision of the Terms will appear at the top of these Terms. You are responsible for reviewing the Site periodically for any modification to these Terms. You agree that you shall be deemed to be apprised of and bound by any revisions or additions by SLEEK HOME DELIVERY INC. (‘SHD’) to the Terms. Your continued use of the Site with any such changes to the Terms constitutes your acceptance of the new Terms, whether or not you actually reviewed them. No modification to these Terms by any party other than SLEEK HOME DELIVERY INC. (‘SHD’) shall be valid or enforceable against SLEEK HOME DELIVERY INC. (‘SHD’) unless expressly agreed to by SLEEK HOME DELIVERY INC. (‘SHD’) in writing signed by a duly authorized officer of SLEEK HOME DELIVERY INC. (‘SHD’).3. DISCONTINUED OPERATION OF SITE.
    SLEEK HOME DELIVERY INC. (‘SHD’) shall have the right, in its sole discretion, without notice and at any time and for any reason to discontinue operation of the Site, or any portion thereof, or any products or services offered through, if any, or advertised on this Site, or to terminate yours or any individual’s access to or use of the Site. SLEEK HOME DELIVERY INC. (‘SHD’) shall also have the right to terminate your access to the Site at any time, in its sole discretion, for any or no reason and in such case you will not be able to access certain features of the Site. The restrictions imposed on you, the disclaimers, indemnities and limitations of liability set forth in these Terms shall survive any termination of the Site or your use thereof.4. SITE CONTENT; TRADEMARK AND COPYRIGHT.
    The text, images, photographs, graphics, logos, illustrations, descriptions, data and other material provided on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.”
    The Content may contain errors, omissions, or typographical errors or may be out of date. SLEEK HOME DELIVERY INC. (‘SHD’) may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on SLEEK HOME DELIVERY INC. (‘SHD’) in any way except to the extent it is expressly provided to be so.
    Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by SLEEK HOME DELIVERY INC. (‘SHD’) or Sleek Home Delivery INC. (‘SHD’) or by third parties that have licensed their use to SLEEK HOME DELIVERY INC. (‘SHD’). You may view and use the Content only for using the dealer service features of the Site for your internal business operations as a Dealer, and for no other purpose. You may not otherwise use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of SLEEK HOME DELIVERY INC. (‘SHD’), SLEEK HOME DELIVERY INC. (‘SHD’) Platform Partners, SLEEK HOME DELIVERY INC. (‘SHD’) Business Partners, SLEEK HOME DELIVERY INC. (‘SHD’) corporate partners, or SLEEK HOME DELIVERY INC. (‘SHD’) suppliers and vendors (collectively, the “Partners”) without the express, written consent of SLEEK HOME DELIVERY INC. (‘SHD’). Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by an authorized representative of SLEEK HOME DELIVERY INC. (‘SHD’) is strictly prohibited.5. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT.
    If you believe that your rights under United States or international copyright laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact SLEEK HOME DELIVERY INC. (‘SHD’) promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content. In order for us to investigate your claim of infringement, you must provide us with the following information:
    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    A description of the copyrighted work or other intellectual property that you believe has been infringed;
    A description of where the material that you claim is infringing is located or identified on the Site;
    Your name, address, telephone number and e-mail address;
    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
    A statement by you, made under penalty of perjury, that the information submitted to SLEEK HOME DELIVERY INC. (‘SHD’) is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
    The above information should be provided to SLEEK HOME DELIVERY INC. (‘SHD’)’s agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:6. SUBMISSIONS.
    These Terms shall not be deemed to modify or supersede any confidentiality obligations undertaken by a Dealer, by SLEEK HOME DELIVERY INC. (‘SHD’) or by Sleek Home Delivery INC. (‘SHD’) pursuant to a dealer agreement or other separate written agreement, and such confidentiality obligations shall, as applicable, remain in effect with respect to any information or material that you submit to this Site or that SLEEK HOME DELIVERY INC. (‘SHD’) makes available to you through the Site. Except as otherwise expressly provided herein or in a separate written agreement between you and SLEEK HOME DELIVERY INC. (‘SHD’) or between you and Sleek Home Delivery INC. (‘SHD’) or as otherwise required by applicable law, any communication or material you transmit to this Site by electronic mail or otherwise, including any information contained in credit applications, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by SLEEK HOME DELIVERY INC. (‘SHD’), any of its Partners or their respective affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Further, SLEEK HOME DELIVERY INC. (‘SHD’), its Partners and their respective affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
    With respect to any feature of the Site, if any, that allows you to upload, post or otherwise submit Content (if any), you may not upload, post or submit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material or information of any kind, including but not limited to any material or information that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. If we are notified of any such material or information provided by you, we may investigate the allegation and determine, in our sole discretion, whether to remove or request the removal of such materials and information from the Site. Without limiting any of the provisions of this Section 6, we may disclose any material or information (including but not limited to electronic communications) of any kind if you give us your permission to do so; to our affiliates as permitted under Federal and applicable state laws; to satisfy any law, regulation, or government request; if such disclosure is necessary or appropriate to operate the Site or our business; to protect the rights or property of SLEEK HOME DELIVERY INC. (‘SHD’), any of its Partners, you or other users of the Site or in connection with the sale of all or part of our business, a merger or other business combination. With respect to any feature of the Site, if any, that allows you to upload, post or otherwise submit Content, you may upload, post or otherwise submit to the Site only such Content (i) that is not subject to any copyright or other proprietary rights restrictions; (ii) with respect to which the owner or licensor has given express authorization for SLEEK HOME DELIVERY INC. (‘SHD’) to distribute over the Internet; or (iii) that does not contain any material that may damage, interfere with, intercept or expropriate any system, data or personal information. The unauthorized submission of copyrighted or other proprietary Content is illegal and could subject you to civil and criminal liability. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of any material prohibited by these Terms and you hereby agree to defend, indemnify, and hold harmless SLEEK HOME DELIVERY INC. (‘SHD’), its Partners and their respective affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or related to any of the foregoing.7. LINKED THIRD PARTY SITES.
    Links to other websites operated by third parties, including any Partners, do not constitute sponsorship, endorsement, or approval by SLEEK HOME DELIVERY INC. (‘SHD’) of the content, policies, or practices of such linked sites. Linked sites are not operated or controlled by SLEEK HOME DELIVERY INC. (‘SHD’), and SLEEK HOME DELIVERY INC. (‘SHD’) is not responsible for the availability, content, policies, or practices of linked sites, including without limitation privacy policies or practices. Links to other sites are provided for your convenience only, and you access them at your own risk.8. ACCOUNT BALANCES/PRICES
    All account balances, payment terms and other customer contract and lease information displayed on through the Dealer Portal are expressed in U.S. Dollars. SLEEK HOME DELIVERY INC. (‘SHD’) reserves the right without prior notice to discontinue or change specifications and prices on products and services advertised on the Site without incurring any obligation to you. Products displayed on the Site are not guaranteed to be available. Descriptions of, or references to, products or services on the Site do not constitute a warranty by SLEEK HOME DELIVERY INC. (‘SHD’) or any of its Partners.9. REGISTRATION; DEALER ACCOUNTS; USE OF SITE.
    Every online Dealer account must have an “Administrator User” designated by the Dealer. An Administrator User is a special user with access to all customer data /portal functionalities for the Dealer and with responsibility for all administrative privileges for that account. The Administrator User will have the ability to add or remove regular users from the Dealer’s account and provide each user a role, a set of permissions, access to contracts selected by the Administrator User, and login credentials; and create, edit and delete lease portfolios. The Administrator User will be the designated recipient of all email alerts and notifications from SLEEK HOME DELIVERY INC. (‘SHD’) on critical events and events which require the Administrator to take action. The Administrator is responsible for removing regular sub-user accounts when a regular sub-user no longer is employed by the Dealer, or is no longer authorized to access Dealer account information. SLEEK HOME DELIVERY INC. (‘SHD’) is not responsible for the failure of an Administrator to timely terminate authorization of regular sub-users on the Dealer account.
    Dealer agrees that by designating an Administrator, Dealer will be allowing such Administrator and regular users designated by the Administrator to access Dealer data and perform other functionalities as granted by the Administrator.
    If a Dealer’s designated Administrator is no longer a person authorized to perform the Administrator functions for your account, the Dealer shall immediately inform SLEEK HOME DELIVERY INC. (‘SHD’) that such Administrator access has been terminated and to provide information concerning the new individual with such authority. SLEEK HOME DELIVERY INC. (‘SHD’) is not responsible for the failure of the Dealer to timely terminate authorization of an account of the Administrator.
    Dealer agrees that the user information under the “My Profile” tab that is provided by Dealer in connection with registration is true, accurate, current and complete in all respects and agrees to notify SLEEK HOME DELIVERY INC. (‘SHD’) as soon as possible of any changes to the User Information by amending your User Information online within the Profile Administration section of the Site. The Administrator may update the Dealer account information by logging into the account and visiting the My Profile area of the Site.10. PASSWORDS
    Dealer is responsible for maintaining the confidentiality of account information, including your password, and for all activity that occurs under your account. You will not disclose your password to unauthorized individuals. You agree to notify SLEEK HOME DELIVERY INC. (‘SHD’) immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for any losses incurred by SLEEK HOME DELIVERY INC. (‘SHD’) or any other users of the Site due to someone else using your password or Dealer account. You may not use anyone else’s password or Dealer account. You may not attempt to gain unauthorized access to the Site, and if you attempt to do so, or assist others in making such attempts, then SLEEK HOME DELIVERY INC. (‘SHD’) may terminate your online account. You are solely responsible for changing your password from time to time, and the Site will not require you or prompt you to do this.
    By accessing any part of this Site that is password protected you are agreeing you are the proper and authorized individual/user of the username and password being used to obtain access. Unauthorized individuals may be subject to prosecution.11. E-MAIL ALERTS
    From time to time, automatic E-mail alerts are sent to Dealers concerning important events exclusively as a Dealer convenience. You do not need to activate these alerts. SLEEK HOME DELIVERY INC. (‘SHD’) will automatically activate them for you. SLEEK HOME DELIVERY INC. (‘SHD’) may add new automatic and voluntary account alerts from time to time, or cancel old alerts. You may use such features, if any, as the Site may offer from time to time to deactivate an account alert feature at any time.Email alerts may be delayed or prevented by a variety of factors. SLEEK HOME DELIVERY INC. (‘SHD’) neither guarantees the delivery nor the accuracy of the contents of any alert. SLEEK HOME DELIVERY INC. (‘SHD’) is not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance of an alert.
    Email Alerts will not be encrypted. Alerts may include customer name and various information about a customer account, any person with access to your email will be able to view the contents of these alerts. IF YOU DO NOT WANT SOME SUCH INFORMATION TRANSMITTED VIA EMAIL, PLEASE OPT-OUT OF E-MAIL ALERTS IF THE SITE OFFERS YOU THE ABILITY TO OPT-OUT.SLEEK HOME DELIVERY INC. (‘SHD’) may send you alerts or otherwise communicate with you via your mobile phone or other mobile device in connection with the services offered at the Site. Your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of these mobile services. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your mobile carrier, and not all mobile services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the mobile services from SLEEK HOME DELIVERY INC. (‘SHD’) are available for your mobile devices, what restrictions, if any, may be applicable to your use of such mobile services, and how much they will cost you. By using these mobile services from SLEEK HOME DELIVERY INC. (‘SHD’), you agree that SLEEK HOME DELIVERY INC. (‘SHD’) may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to SLEEK HOME DELIVERY INC. (‘SHD’). If you do not wish to receive messages from SLEEK HOME DELIVERY INC. (‘SHD’) on your mobile devices, please opt out at the Site. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages SLEEK HOME DELIVERY INC. (‘SHD’) intends to send to you are not sent to another person who acquires your former mobile telephone number.JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
    While SLEEK HOME DELIVERY INC. (‘SHD’) takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your personal information.
    UNDER NO CIRCUMSTANCES SHALL SLEEK HOME DELIVERY INC. (‘SHD’), ANY PARTNERS OF SLEEK HOME DELIVERY INC. (‘SHD’), ANY OF THEIR RESPECTIVE AFFILIATES OR RELATED ENTITIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS SITE OR ITS CONTENT OR ANY LINKED SITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF SLEEK HOME DELIVERY INC. (‘SHD’) OR ANY OF ITS PARTNERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.12. INDEMNIFICATION
    YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SLEEK HOME DELIVERY INC. (‘SHD’), ITS PARTNERS AND THEIR RESPECTIVE AFFILIATES AND RELATED ENTITIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, AND COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND COURT COSTS), ARISING OUT OF OR RELATING TO YOUR BREACH OF THESE TERMS OR YOUR ACCESS TO OR USE OF THIS SITE AND ANY PRODUCTS OR SERVICE PROVIDED TO YOU ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE TERMINATION OF THESE TERMS AND THE SITE AND ANY PRODUCT OR SERVICE PROVIDED TO YOU ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE.13. MISCELLANEOUS.
    Entire Agreement— These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral terms and conditions of use between the parties with respect to such subject matter. These Terms and Conditions of Use do not supersede any written dealer agreements or other agreements between you and SLEEK HOME DELIVERY INC. (‘SHD’) or between you and Sleek Home Delivery INC. (‘SHD’) or any Partner.
    Waiver and Severability — No waiver by SLEEK HOME DELIVERY INC. (‘SHD’) of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
    Waiver of Trial by Jury — EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE, ACTION, PROCEEDING OR LITIGATION ARISING OUT OF, IN CONNECTION WITH OR RELATED TO, THESE TERMS OR YOUR USE OF THIS SITE. EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED OR OTHERWISE INDICATED THAT SUCH PARTY WOULD NOT SEEK TO ENFORCE THIS WAIVER OF RIGHT OF A JURY TRIAL IN THE EVENT OF ANY DISPUTE, ACTION, PROCEEDING OR LITIGATION. EACH OF THE PARTIES AGREES THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR ENTERING INTO THESE TERMS.
    Statute of Limitations — You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    Nonperformance or Delay in Performance — SLEEK HOME DELIVERY INC. (‘SHD’) and its Partners shall not be liable for any nonperformance or delay in performance caused by any act beyond their reasonable control.Jurisdiction and Venue — Access to or use of this Site shall not be construed as the purposeful availment by SLEEK HOME DELIVERY INC. (‘SHD’) or any of its Partners of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New Jersey. These Terms, and any disputes of any kind between you and SLEEK HOME DELIVERY INC. (‘SHD’), shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts or choice of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, these Terms, use of this Site, including any orders placed or products leased on the Site if such feature is available on the Site, shall be in the state courts located in the County of Burlington, New14. This Site may be unavailable from time to time, including for system maintenance and upgrades. When this occurs, a message will be displayed on-line when you sign on to the Dealer Portal.