Terms & Conditions

Hello, and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read them and our Privacy Policy and other terms referenced in this document carefully.

1 Introduction

Thanks for choosing LEXI (LEXI, “we”, “us”, “our”). By signing up or otherwise using the LEXI service, websites, and software applications (together, the "LEXI Service" or “Service”), or accessing any content or material that is made available by LEXI through the Service (the “Content”) you are entering into a binding contract with the LEXI entity indicated at the bottom of this document. The LEXI Service also includes the LEXI Community as further described in the LEXI Community section.

The LEXI Service includes social and interactive features. Use of the LEXI Service relies on several technical requirements.

Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on LEXI's website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the LEXI Service or consume any Content.

Please read the Agreements carefully. They cover important information about LEXI Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.

Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.

In order to use the LEXI Service and access the Content, you need to (1) be 18 or older, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to LEXI is true, accurate, and complete, and you agree to keep it that way at all times.

2 Changes to the Agreements

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Support contact form.

3 Using LEXI

Here’s some information about all the ways you can use LEXI.

3.1 Our Services & Paid Subscriptions

LEXI provides back-office functionality, reporting, analytics, inventory tracking, pop-up boutique initation, customer relationship management, sales tools and other applicable services. Certain LEXI services are provided to you free-of-charge. Other LEXI services require payment before you can access them. The LEXI service that may be accessed after payment is currently referred to as the "LEXI Subscription". The LEXI service that does not require payment is currently referred to as the "Customer/Non-Consultant Service". You can learn more about our services by visiting our website.

The LEXI Subscription may not be available to all users.

3.2 Trials

From time to time, we or others on our behalf may offer trials of the LEXI Subscription for a specified period without payment or at a reduced rate (a “Trial”). LEXI reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.

4 Rights we grant you

The LEXI Service and the Content are the property of FOUNDRY Software Corporation. We grant you a limited, non-exclusive, revocable licence to make use of the LEXI Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or LEXI. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the LEXI Service or the Content.

The LEXI software applications and the Content are licensed, not sold, to you, and LEXI and its licensors retain ownership of all copies of the LEXI software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).

All LEXI trademarks, service marks, trade names, logos, domain names, and any other features of the LEXI brand (LEXI Brand Features”) are the sole property of LEXI or its licensors. The Agreements do not grant you any rights to use any LEXI Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the LEXI Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, LEXI grants no right, title, or interest to you in the LEXI Service or Content.

Third party software (for example, open source software libraries) included in the LEXI Service are licensed to you either under the Agreements or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and/or on our website.

5 User-Generated Content

LEXI users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the LEXI Community as well as any other part of the LEXI Service.

You promise that, with respect to any User Content you post on LEXI, (1) you have the right to post such User Content, and (2) such User Content, or its use by LEXI as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by LEXI or any entity or individual without express written consent from such individual or entity.

LEXI may, but has no obligation to, monitor, review, or edit User Content. In all cases, LEXI reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in LEXI's sole discretion, violates the Agreements. LEXI may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you post. LEXI is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST LEXI RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD LEXI HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

6 Rights you grant us

In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the LEXI Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the LEXI Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to LEXImay contain advertising as part of the Content. In such cases, LEXI will make such Content available to you unmodified.

If you provide feedback, ideas or suggestions to LEXI in connection with the LEXI Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize LEXI to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

You grant LEXI a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

7 Consultant

The terms contained in this section relate specifically to the LEXI Service and "LEXI Subscriber" accounts.

7.1 Pop-up Boutiques

In consideration for the rights granted to you under the LuLaRoe terms and conditions, we offer time-based pop-up boutiques. These boutiques are made available for a finite duration and should be created to suprise and delight your customers. The boutiques can be scheduled in advance and will persist until their duration has expired. You agree to hold LEXI, it's Service, and all related entities harmless for any discrepancies that occur in your pop-up.

7.2 Sales

At this time, LEXI does not perform billing for you. Billing should be done through LuLaRoe's Audrey system. Any disputes that arise with your sale should be handled between you and your customer. LEXI is not responsible for the materials, methods, or techniques in which its users market and display their sales.

8 Warranty and disclaimer

WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE LEXI SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE LEXI SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEXI AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER LEXI NOR ANY OWNER OF CONTENT WARRANTS THAT THE LEXI SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, LEXI MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE LEXI SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT LEXI IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE LEXI SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM LEXI SHALL CREATE ANY WARRANTY ON BEHALF OF LEXI IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

9 Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold LEXI harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the LEXI Service; and (4) your violation of any law or the rights of a third party.

10 CLASS ACTION WAIVER

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND LEXI 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 OR REPRESENTATIVE ACTION. Unless both you and LEXI agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

11 ARBITRATION

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this is enforceable, the following mandatory arbitration provisions apply to you:

11.1 Dispute resolution and arbitration

You and LEXI agree that any dispute, claim, or controversy between you and LEXI arising in connection with or relating in any way to these Agreements or to your relationship with LEXI as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

12 OUR AFFILIATION WITH LULAROE

LEXI is owned and operated by The LEXI Group/FOUNDRY Software Corporation. LEXI is not endorsed by LuLaRoe, and does not warrant iteself as affiliated with LuLaRoe, its officers, or its entities.