Lers
TM
LLC
Est. 2 0 0 8
1-888-887-0401

See  Privacy Policy. You warrant that any credit card or bank account information you provide
is accurate and that you have the right to use the account.

2. Renewal Fees. You must timely pay an annual renewal fee (which is currently $25.00) to keep
your membership active and to be eligible to receive updated catalogs, price lists and other
information available to LERS members. LERS may change prices or institute new fees at any
time. The renewal fee will be automatically charged on the day of your anniversary month, or the
next business day thereafter, to the credit card or bank account you have provided us, unless you
inactivate or cancel your membership WITHIN 30 DAYS in accordance with Section 4 below. As
a member any product you advertise for sale on Lers will be subject to between 10-40%
commision to LERS per sale as agreed on prior to placement of products on the site. Agreement
3. Cancellation. If you cancel your membership within 30 days of joining LERS, you may be
eligible for a refund of your membership fees (excluding shipping and handling).Call toll free 1-
888-887-0401 for eligibility and cancellation instructions. If you cancel after 30 days, you will
remain responsible for any remaining fees until paid in full.

4. Fees and Credits. You are responsible for all charges incurred, including your initial
membership fee in accordance with the plan you agreed to when joining, your annual renewal fee,
and payment for any merchandise or materials you order from LERS. Payments are to be made
by a major credit card or debit card only or can result in a hold on shipment or account status of
approximately seven to nine business days. Except as specifically provided in Section 4 above, all
amounts paid to LERS are nonrefundable. Upon suspension, cancellation, or termination of your
membership any unused credits or funds remaining in your account remain the property of LERS.

5. Special Account Credits Special Account Credits may be used for merchandise and supplies
only, are non-refundable, may not be used for recurring fees or charges or to purchase gift cards or
additional credits, and expire 30 days from the date of issuance.

6. Suspension. If you fail to pay for any purchases from LERS, if any fees or charges are due but
unpaid to LERS or its affiliate, or if your account is delinquent, LERS may automatically apply
any credits in your account to pay the balance due, or your membership may be suspended or
canceled at LERS discretion. Your account may be suspended if you become inactive or do not
place at least one merchandise order per year. If your account is suspended you may reactivate
your account by paying a reactivation fee which is currently $12.50.

7. Termination. LERS may immediately terminate your membership, if you breach any provision
of these Rules, engage in any prohibited activities or aid and abet anyone listed in a Fraud Alert or
if you fail to pay any fees or charges when due. LERS also reserves the right to terminate any
membership upon refund of the most recent annual fee. If your membership is terminated for any
reason other than non-payment, you may not rejoin LERS, either directly or through another
person. The provisions of Sections 8 through 21 will survive suspension, termination or
cancellation.

8. Communication. Throughout the course of your membership, LERS may contact you for
administrative and promotional reasons by mail, email or telephone, including pre-recorded
messages. You may be able to opt out of some of these communication channels by calling
Member Support, or in the case of email by using the “opt out” function provided with each
mailing.

9. Prohibited Activities. You may not directly or indirectly (a) use the names LERS or LERS-
ORG LERS-BIZ any likeness in the conduct of your business, (b) infringe on any LERS trade
names, trademarks or copyrights, (c) contact or solicit other LERS members, (d) use your LERS
membership in any manner or for any purpose other than selling LERS products, (e) distribute
LERS products outside authorized sales channels, (f) engage in any unlawful, unfair or deceptive
business practice, (g) fail to conduct your business in an honest and ethical manner, (h) engage in
any abusive, tortious or unprofessional language or conduct, (i) violate any applicable law or
regulation, (j) compete against LERS or its affiliates, (k) do anything to harm LERS, its affiliates
or other members, or degrade LERS goodwill or reputation, or (l) do business with any person
who does any of the foregoing or is listed in a Fraud Alert.

10. Compliance. You are solely responsible for all aspects of operating your business. You agree
to comply with all applicable federal, state and local laws, ordinances and regulations in
connection with the operation of your business and the sale and marketing of our products. You
agree to comply with any manufacturer’s restrictions on the sale of their products. You agree to
indemnify and defend LERS from any claims or demands in connection with your negligence,
misconduct or violation of any laws.

11. Taxes. You are solely responsible for calculating, collecting, withholding, reporting and paying
any and all applicable taxes, duties and levies, including without limitation states and local sales
and use taxes, and federal and state income taxes.

12. Trademarks and Copyrights. You may not use the names LERS® , LERS-ORG®, LERS-
BIZ® the LERS logo or any other trademarks or trade names of LERS or its affiliates, or any
confusingly similar names, in any manner. You may not use the name or likeness of any LERS
spokesperson, employee or other member. You may not copy or link to www.Lers.Org, www.
LersBiz.com or any other website of LERS or its affiliates. You may not copy or use any
copyrighted text, graphics, CD-ROM or online content of LERS or its affiliates. You may only
copy or use designated LERS product descriptions, product photographs, and .jpg files on your
website to advertise products you purchased from LERS for sale to your customers, and not in
any other manner or for any other purpose. You may not delegate or authorize any other person
do so, whether on your behalf or otherwise.

13. Warranty Exclusion. LERS IS NOT LIABLE FOR ANY LOSSES, COSTS OR DAMAGES
ARISING DIRECTLY OR INDIRECTLY FROM YOUR MEMBERSHIP, THE SERVICES
WE PROVIDE OR THE SALE OF OUR PRODUCTS. NO WARRANTY OR
REPRESENTATION, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE IS GIVEN OR ASSUMED BY LERS OR ITS
AFFILIATES, AND ALL SUCH WARRANTIES, REPRESENTATIONS AND TERMS ARE
HEREBY DISCLAIMED AND EXPRESSLY EXCLUDED. NO ADVICE OR
INFORMATION GIVEN BY LERS OR ANY OF OUR REPRESENTATIVES SHALL
CREATE ANY WARRANTY.

14. Damage Limitation. OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL
CLAIMS RELATING TO OR ARISING OUT OF YOUR MEMBERSHIP SHALL NOT
EXCEED THE TOTAL AMOUNT OF THE MEMBERSHIP FEES YOU HAVE PAID TO
US WITHIN THE PRIOR YEAR. LERS AND ITS AFFILIATES SHALL IN NO EVENT BE
LIABLE FOR ANY PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF
ITS ESSENTIAL PURPOSE.

15. Notice of Claims. You will promptly notify us in writing if any third party makes any claim
of infringement of any copyright, trademark or patent. If in our judgment the sale or use of any
LERS products may be found to infringe the property rights of a third party or presents a
consumer safety hazard, we may, at our option, require you to return the infringing products for
a merchandise credit or exchange.

16. No Agency. You agree and acknowledge that you and LERS have an independent business
relationship. Nothing about your membership or provided for in these Rules shall be deemed to
create a partnership, franchise, joint venture or agency, and neither party is the other's partner,
franchisee, employee, agent or representative. You will not state, imply or hold yourself out to
anyone as being associated, affiliated with or endorsed by LERS, and have no right to obligate or
bind LERS in any manner whatsoever.

17. Third-Parties. These Rules are intended and agreed to be solely for the benefit of you and
LERS and its affiliates, and no other party shall accrue any benefit, claim or right of any kind
whatsoever hereunder.

18. Arbitration. Any controversy, dispute or claim of any nature whatsoever arising out of, in
connection with or in relation to your LERS membership or these Rules, or involving you and
LERS, including the issue or arbitrability of any such claims, will be resolved by binding
arbitration before a  judge. If you are not a resident of the United States, the UNCITRAL
Arbitration Rules shall apply. The prevailing party will be awarded all costs and expenses,
including without limitation all arbitration, expert witness and attorney fees, costs and expenses.

19. Texas Law and Venue. Your membership is deemed to be entered into and performed in
Texas. These Rules shall be governed by and construed in accordance with the laws of the State
of Texas without regard to conflicts of law provisions. You consent to exclusive personal
jurisdiction and venue in Texas, and agree that it shall be the sole forum and venue for any and all
disputes involving LERS, including without limitation small claims actions.

20. Miscellaneous. If one or more provisions of these Rules shall be held to be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be
construed as a waiver. Neither your membership, these Rules, nor any of your rights or
obligations thereunder may be assigned, transferred or delegated to any third party without LERS
prior written consent.

21. Amendments. The Rules may be revised or amended by LERS at any time in its sole
discretion, by posting the revised Rules at www.LersBiz.com and the amended Rules will become
effective 30 days after posting. No representative or agent from LERS may modify or waive any
of these Rules, except in writing signed by the CEO of LERS.

22. Entire Agreement. The agreement you entered into when you joined LERS, the LERS
Privacy Policy, Terms of Use and these Rules constitute the complete agreement between you
and LERS, and supersede any other promise, representation or agreement, whether written or
oral. You are also subject to any Gift Card,  Website, or other agency & services Rules and
Regulations.

07/08


          
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