Lefferts Investments, LLC

Cookie Policy

Introduction to Cookies

This Cookie Policy (“Cookie Policy”) provides detailed information about why, how, and when we use Cookies on our Platform and/or Services, as defined in our Terms of Service and Privacy Policy. Any capitalized terms used in this Cookie Policy but not defined herein, have the meanings set forth in in our Terms of Service. By accessing our Platform, you agree to our use of Cookies, as further set forth herein. If you are accessing our Platform via any other third-party application or site, you expressly agree to be bound by the notices, terms, and conditions posted thereon.

What is a Cookie?

A Cookie is a small text file that is placed on your hard drive by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the Cookie to you. Some of the Cookies will only be used if you use certain features or select certain preferences, and some Cookies are essential to the Platform and will always be used. Web beacons, tags, and scripts may be used in the Platform or in emails to help us deliver Cookies and count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon. We may receive reports based on the use of these technologies by our service/analytics providers (for example, Google Analytics) on an individual and aggregated basis.

Why does Company use Cookies?

Company and our marketing partners, affiliates, and analytics or service providers use Cookies and other technologies to ensure everyone who uses the Platform has the best possible experience. For example, when you use our Platform, we may place a number of Cookies in your browser. We use these Cookies to enable us to hold session information as you navigate from page to page within the Platform, improve your experience, and track and analyze usage and other statistical information. If you elect not to activate the Cookie or to later disable Cookies, you may still visit our Platform, but your ability to use some features or areas of those offerings may be limited.

How to Disable Cookies

You can generally activate or later deactivate the use of Cookies through a functionality built into your web browser. To learn more about how to control Cookie settings through your browser:

If you want to learn more about Cookies or how to control, disable, or delete them, please visit www.allaboutcookies.org for detailed guidance. In addition, certain third-party advertising networks, including Google, permit users to opt out of or customize preferences associated with your Internet browsing. To learn more about this feature from Google, click here.

Types of Cookies that Company Uses

Many jurisdictions require or recommend that website operators inform users/visitors as to the nature of Cookies they utilize and, in certain circumstances, obtain the consent of their users to the placement of certain Cookies. Each Cookie used by Company falls within one of the following categories:

Essential Cookies:

Essential Cookies (First-Party Cookies) are sometimes called “strictly necessary,” as without them we cannot provide many services that you need. For example, essential Cookies help remember your preferences as you use our Platform and/or Services.

Analytics Cookies:

These Cookies track information about your visits and usage of the Platform and/or Services so that we can make improvements and report our performance — for example, to analyze visitor and user behavior so as to provide more relevant content or suggest certain activities. We might also use analytics Cookies to test new ads, pages, or features to see how users react to them. Google Analytics is the main technology we currently use in this regard. To learn more about Google Analytics and your privacy, visit the “How Google uses data when you use our partners’ sites or apps” page at www.google.com/policies/privacy/partners/. To opt out of being tracked by Google Analytics when using our website, visit http://tools.google.com/dlpage/gaoptout.

Functionality or Preference Cookies:

During your visit to the Platform, Cookies are used to remember information you have entered or choices you make (such as your username, language, or your region). They also store your preferences when personalizing the Platform to optimize your use of Company (for example, your preferred language). These preferences are remembered through the use of persistent Cookies, and the next time you visit the Platform or use our Services, you will not have to set them again.

Targeting or Advertising Cookies

These Third-Party Cookies are placed by third-party advertising platforms or networks in order to deliver ads and track ad performance or enable advertising networks to deliver ads that may be relevant to you based upon your activities (this is sometimes called “behavioral tracking” or “targeted” advertising) on the Platform. They may subsequently use information about your visit to target you with advertising that you may be interested in on the Platform and other websites. You can opt out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (http://youradchoices.com).

Social Media Cookies:

The Platform may incorporate certain third-party social media features, such as the Facebook Like button, and third-party widgets, such as the ‘Share This’ button or interactive mini-programs that run on the Platform. These features may collect your IP address and which page you are visiting on the Platform, as well as set a Cookie to enable the feature to function properly. Your interaction with these features is governed by the privacy policy of the third-party company providing it. Here are some examples of third-party social media features that we use, and their privacy policies:

Cookies Subject to Change

The content of this Cookie Policy is for your general information and use only. You acknowledge that this information may contain inaccuracies or errors and is subject to change, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Updating this Cookie Policy

If there are any material changes to this Cookie Policy, you will be notified by the posting of a prominent notice on our Platform prior to the change becoming effective. We encourage you to periodically review this page for the latest information. Your continued use of the Platform and/or Services constitutes your agreement to be bound by such changes to this Cookie Policy. Your only remedy, if you do not accept the terms of this Cookie Policy, is to discontinue use of and access to the Platform and/or Services.

Contact Us

If you have any questions regarding this Cookie Policy or how Company uses Cookies, you may contact us by emailing us at info@lefferts.com or by writing us as:

Lefferts Investments, LLC
1826 Collins Avenue
Miami Beach, FL 33139

Last Updated: March 26, 2024

Privacy Policy

BY USING OR ACCESSING OUR PLATFORM, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.

General

M Hotel Management, LLC, a Florida limited liability company (“Company” or “we” or “us” or “our“) respects the privacy of its users (“User(s)” or “you“) that use our website www.Lefferts.com, any site or sub-site hosted thereon, and any mobile applicable or other software provided by us (collectively, the “Platform” or “Service“).

The following privacy policy (“Privacy Policy“) is designed to inform you, as a User of the Platform, about the types of information that the Company may gather about or collect from you in connection with your use thereof. It also is intended to explain the conditions under which Company uses and discloses that information, and your rights in relation to that information. Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Platform, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the Platform you should check the date of this Privacy Policy (which appears at the end of this document) and review any changes since your last visit.

This Privacy Policy is expressly incorporated into our Terms of Service, which can be accessed by clicking the links contained herein. Any defined or capitalized terms not otherwise defined herein shall have the meaning ascribed to them in our Terms of Service.

Please note that this Privacy Policy does not apply to the practices of third parties who you may choose to share information with when you use the Platform. Please note that the collection and use of your information by these third parties is subject to their own privacy policies and terms. You should understand the privacy and security practices of any third party before you share information with them.

The Platform is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing our Platform from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Platform, you consent to that transfer and use of your personal information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Platform and your agreements with us. Any persons accessing our Platform from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use the Platform in a manner lawful in their jurisdiction. If your use of the Platform would be unlawful in your jurisdiction, please do not use the Platform.

From time to time, we may want to contact you with information about announcements, Platform updates, promotions, and special offers. We also may want to contact you with information about products and services from our business partners. You may opt out of such communications at any time by clicking the “unsubscribe” link found within the Company’s emails and changing your contact preferences.

For EEA Users: We only send marketing communications to Users located in the EEA with your prior consent. Please see the section “For EEA Users” below.

Gathering, Use and Disclosure of Non-Personally-Identifying Information

Users of the Platform Generally

“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person. Like most website operators, the Company gathers from Users Non-Personally-Identifying Information of the sort that web browsers and mobile device applications, depending on their settings, may make available. That information includes a User’s Internet Protocol (IP) address, operating system, browser type and the locations of websites or apps the User views right before arriving at, while navigating and immediately after leaving the Platform, as more fully described herein. Although such information is not Personally-Identifying Information, it may be possible for Company to determine from an IP address a User’s internet service provider and the geographic location of the visitor’s point of connectivity as well as other statistical usage data. Company may analyze Non-Personally-Identifying Information gathered from Users to help the Company better understand how the Platform is being used. By identifying patterns and trends in usage, Company is able to better design the Platform to improve Users’ experiences, both in terms of content and ease of use. From time to time, Company may also release the Non-Personally-Identifying Information gathered from Users in the aggregate, such as by publishing a report on trends in the usage of the Platform.

Automatically Collected Information

Certain data about the devices you use to connect with our Platform and your use thereof are automatically logged in our systems, including:

Mobile Device Information. If you use a mobile device to access the Platform, we may collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information and IP address.

Log data. As with most websites and technology services delivered over the internet, our servers automatically collect data when you access or use our Platform and record it in log files. This log data may include the IP address, browser type and settings, the date and time of use, information about browser configuration, language preferences, and cookie data.

Usage information. This is information about the Platform and how you use it. We may also obtain data from our third-party partners and service providers to analyze how Users use our Platform. For example, we will know how many Users access a specific page on the Platform and which links they clicked on. We use this aggregated information to better understand and optimize the Platform.

Device information. This is data from your computer or mobile device, such as the type of hardware and software you are using (for example, your operating system and browser type), as well as unique device identifiers for devices that are using our software.

Web Cookies. Data obtained from cookies are described below and in our Cookie Policy.

Web Cookies

Web Cookies are small text files stored on your device and used by web browsers to deliver personalized content and remember logins and account settings. The Company uses Web Cookies and similar technologies, including tracking pixels and web beacons, to collect usage and analytic data that helps us provide our Platform to you, as well as to help deliver ads for relevant products and services to you when you visit certain pages on the Platform and then visit certain third-party sites. For more information on cookies and how the Company uses them, please see our Cookie Policy.

PLATFORM USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE PLATFORM, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE PLATFORM MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. PLATFORM USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

Web Beacons

A “Web Beacon” is an object that is embedded in a web page or email that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. Company may use Web Beacons on the Platform and in emails to count Users who have visited particular pages, viewed emails and to deliver co-branded services. Web Beacons are not used to access Personally-Identifying Information. They are a technique that the Company may use to compile aggregated statistics about Platform usage. Web Beacons collect only a limited set of information, including a number, time and date of a page or email view and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons. However, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered, permitting you to accept or decline Web Cookies on an individual basis.

Analytics

We may use third-party vendors, including Google, who use first-party Web Cookies (such as the Google Analytics cookie) and third-party Web Cookies (such as the DoubleClick cookie) together to inform, optimize and serve ads based on your past activity on the Platform, including Google Analytics for Display Advertising. The information collected may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. If you do not want any information to be collected and used by Google Analytics, you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/) and/or opt out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings (www.google.com/settings/ads). More information on Web Cookies can be found in our Cookie Policy.

Aggregated and Non-Personally-Identifying Information

We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on the Platform and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers, and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to the Platform and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop Platform content and services that we hope you and other Users will find of interest and to target content and advertising.

Additional Terms for Mobile Device Users

Geo-Location Information. Unless we have received your prior consent, we do not access or track any location-based information from your mobile device at any time while accessing our Platform on your mobile device, except that it may be possible for Company to determine from an IP address the geographic location of your point of connectivity, in which case we may gather and use such general location data.

Social Media. We may use hyperlinks on the Platform which will redirect you to a social network if you click on the respective link. However, when you click on a social media plug-in, such as Facebook’s “Like” button, Twitter’s “tweet” button, or the Google+, that particular social network’s plugin will be activated, and your browser will directly connect to that provider’s servers. If you do not use these buttons, none of your data will be sent to the respective social network’s plugin provider. So, for example, when you click on the Facebook’s “Like” button on the Platform, Facebook will receive your IP address, the browser version and screen resolution, and the operating system of the device you have used to access the Platform. Settings regarding privacy protection can be found on the websites or applications of these social networks and are not within our control. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services.

Collection, Use and Disclosure of Personally-Identifying Information

Generally

As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Company may collect a range of Personally-Identifying Information from and about Users. Much of the Personally-Identifying Information collected by Company about Users is information provided by Users themselves when (1) explicitly asked by us to provide such information, or (2) communicating with us. Such information may include each User’s name, address, email address and telephone number. We also may request information about your interests and activities, your gender, age, date of birth, hometown and other demographic or relevant information as determined by the Company from time to time. Users are under no obligation to provide Company with Personally-Identifying Information of any kind, with the caveat that a User’s refusal to do so may prevent the User from using or accessing the Platform. BY SUBMITTING ANY INFORMATION OR CONTENT THROUGH THE PLATFORM OR DIRECTLY TO US THROUGH MAIL OR EMAIL, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.

Company Communications

We may occasionally use your name and email address to send you notifications regarding new services and products that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the Platform. Generally, you may opt out of such emails through an unsubscribe link contained in our emails or by emailing us at legalnotices@gfoinvestments.com.

Company Disclosures

We will disclose Personally-Identifying Information under the following circumstances:

By Law or to Protect Rights. When we believe disclosure is appropriate, we may disclose Personally-Identifying Information in connection with efforts to investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Company, our Users, our employees or others; to comply with applicable law or cooperate with law enforcement; to enforce our agreements or policies, in response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

Business Partners. Company may work closely with a number of business partners, such as our payment partners, hotel operators, booking platforms, and other Third-Party Service Provicders, that assist us with providing the Service in accordance with our Terms of Service. When one of these companies assists us in facilitating your transaction, we, or they, may need to share information related to the transaction. These affiliated businesses may sell items or services to you through the Service or offer promotions (including email promotions). In each case, these partners will process your personal information in accordance with their own privacy policies. We encourage you to read their privacy policies and ask questions of any third parties before you disclose your personal information to them.

Marketing Communications. Unless Users opt-out from receiving Company marketing materials as provided for herein, Company may email Users about products and services that Company believes may be of interest to them. If you wish to opt-out of receiving marketing materials from Company, you may do so by following the unsubscribe link in the email communications or contacting us using the contact information below.

Advertising. Ads appearing on our Platform may be delivered to you by advertising partners, who may embed or set Cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile Non-Personally-Identifying Information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy does not cover the use of cookies by any advertisers.

Some of the ads on our Platform may also be served by Google. Google’s use of the DART Cookie enables it to serve ads to you based on your visit to our Platform and other sites on the Internet. DART uses Non-Personally-Identifying Information and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART Cookie by visiting Google’s Ad and Content Network Privacy Policy. For more information, please review our Cookie Policy and Targeted Ads Preferences.

Third-Party Service Providers. We may share your Personally-Identifying Information, which may include your name and contact information (including email address) with our authorized third-party service providers that perform certain services on our behalf. These services may include providing customer service and marketing assistance, performing business and sales analysis, supporting the Platform’s functionality, and supporting any beta services, contests, sweepstakes, surveys, and other features that may be offered through the Platform from time to time. Such third-party service providers referenced herein may have access to Personally-Identifying Information needed to perform their agreed-upon services. You acknowledge and agree that each third-party service provider to whom Personally-Identifying Information is shared may have their own privacy practices and Company disclaims any liability for the re-use or dissemination of any Personally-Identifying Information by any third-party with whom your Personally-Identifying Information is shared.

Business Transfers; Bankruptcy. Company reserves the right to transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of Company’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.

Changing Personally-Identifying Information

You may at any time review or change your Personally-Identifying Information by contacting us using the contact information below. Upon your request, we will deactivate or delete your contact information from our active databases. Such information will be deactivated or deleted as soon as practicable based on your activity and in accordance with our deactivation policy and applicable law. We may retain in our files some Personally-Identifying Information to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce our Privacy Policy, and to comply with legal requirements as is permitted by law. Therefore, you should not expect that all your Personally-Identifying Information will be completely removed from our databases in response to your requests. Additionally, we keep a history of changed information to investigate suspected fraud in connection with the use of our Platform.

General Use

The Company uses the Personally-Identifying Information in the file we maintain about you, and other information we obtain from your current and past activities on the Platform (1) communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties; (2) to develop and display content and advertising tailored to your interests on the Platform and other sites; (3) to resolve disputes and troubleshoot problems; (4) to measure consumer interest in our Platform; (5) to inform you of updates; (6) to customize your experience; (7) to detect and protect us against error, fraud and other criminal activity; (8) to enforce our Terms of Service; and (9) to do as otherwise described to you at the time of collection. At times, we may look across multiple Users to identify problems. In particular, we may examine your Personally-Identifying Information to identify Users using multiple User IDs or aliases. We may compare and review your Personally-Identifying Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on the Platform to protect against or identify possible fraudulent transactions and otherwise as needed to manage our business.

Security

We take the security of your Personally-Identifying Information seriously and use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration, or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third-party circumvention of any privacy settings or security measures.

Privacy Policy Changes

Company may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to Company’s Privacy Policy will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. Users should regularly check this page for any changes to this Privacy Policy. Company will always post new versions of the Privacy Policy on the Platform. However, Company may, as determined in its discretion, decide to notify Users of changes made to this Privacy Policy via email or otherwise. Accordingly, it is important that Users always maintain and update their contact information when changes go into effect.

Ad Management Partners

The following are a list of partners (“Company Partners“) with whom Company may share the following data when providing ad management services to third-party publishers. Company and its advertising partners collect and process the following information through the use of cookies, pixels, or server-to-server connections. None of the information listed below is retained by Company after it is processed, and an advertisement is served. The information collected is only used for the listed purpose.

Company Partners may also use this information to link to other end user information the partner has independently collected to deliver targeted advertisements. Company Partners may also separately collect data about end users from other sources, such as advertising IDs or pixels, and link that data to data collected from Company advertisers and publishers in order to provide interest-based advertising across your online experience, including devices, browsers and apps. This data includes cookie information, device information, usage data, information about interactions between users and advertisements and websites, geolocation data, traffic data, and information about a visitor’s referral source to a particular website. Company Partners may also create unique IDs to create audience segments, which are used to provide targeted advertising. For more information, please visit our Cookie Policy, to which you expressly agree when using our Platform.

If you would like more information about this practice and to know your choices to opt-in or opt-out of this data collection, please visit the Network Advertising Initiative. You may also visit Your Ad Choices and the NAI Opt-Out Page to learn more information about interest-based advertising. You may download the AppChoices app to opt out in connection with mobile apps or use the platform controls on your mobile device to opt out. For more information about cookies and how to disable them, you can consult the information at All About Cookies.

Children’s Online Privacy Protection

The Children’s Online Privacy Protection Act (“COPPA“) protects the online privacy of children under thirteen (13) years of age. We do not knowingly collect or maintain Personally-Identifying Information from anyone under the age of thirteen (13), unless or except as permitted by law. Any person who provides Personally-Identifying Information through the Platform represents to us that he or she is at least thirteen (13) years of age or older. If we learn that Personally-Identifying Information has been collected from a User under thirteen (13) years of age on or through the Platform, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under thirteen (13) who has become a User or has otherwise transferred Personally-Identifying Information to us, please contact Company using our contact information below to have that child’s information deleted.

State-Specific Notices

For Users are California, Colorado, Connecticut, Nevada, Utah, and Virginia, please read our Privacy Rights Summary Notice and Targeted Ad Preferences.

Additional Rights and Choices for California Residents

If you are a California resident, the following additional rights may be available to you.

Shine the Light

Users who are California residents may request (i) a list of categories of personal information disclosed to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please send us an email or a letter to the addresses in the section entitled “Contact Us” below and specify you are making a “California Shine the Light” request. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

California Consumer Privacy Act of 2018 (CCPA)

Beginning January 1, 2020, the CCPA provides California residents with additional rights as described below. Please note your right to know and right to delete are subject to certain exceptions under the CCPA.

Notice of Collection

During the past twelve (12) months, we have collected the following categories of personal information that the CCPA covers:

This privacy statement includes additional information about our data practices. For more information on information we collect, including the sources we receive information from, review this Privacy Policy in its entirety. We collect and use these categories of personal information for the business purposes described herein, including to provide and manage our platform.

Right to Know

You have the right to know certain information about our data practices in the preceding twelve (12) months. You have the right to request the following information from us:

Right to Delete

You have the right to request the deletion of personal information that we collect or maintain about you.

Right to Opt-Out of “Sale”

We do not sell information as the term “sell” is traditionally understood. However, we may disclose certain information about you when you use our Platform for purposes that may be considered a “sale” under the CCPA. For example, we may disclose information to advertising partners, advertising technology companies, and companies that perform advertising-related services in order to provide you with more relevant advertising tailored to your interests. This information may include identifiers such as your IP address, advertising identifiers, commercial information, your internet, or other electronic network information such as your interaction with an ad, geolocation data and inferences. To the extent the Company sells your personal information as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by clicking Do Not Sell My Personal Information and following the instructions, or by contacting us as set forth below.

How to Exercise Your CCPA Rights

To exercise any of these rights, please email us at legalnotices@gfoinvestments.com. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within ten (10) days. We may require specific information from you to help us verify your identity and process your request. This is a security measure to help ensure that your personal information is not disclosed to someone that does not have the right to receive it. If we are unable to verify your identity, we may deny your requests to know or delete.

If you choose to exercise any of these rights, you will not receive different prices or quality of services unless permitted by applicable law, including if those difference are reasonable related to your information.

Please note that if you opt out of receiving one form of communication, it does not mean you’ve opted out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them.

For EEA Users

Individuals located in the European Economic Area (EEA) have certain rights in respect to their personal information, including the right to access, correct, or delete Personally-Identifying Information we process through your use of the Platform. If you’re a User based in the EEA, you can:

Do-Not-Track Policy

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT“) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. Because there is not yet a common understanding of how to interpret the DNT signal, the Platform currently does not respond to DNT browser signals or mechanisms.

Contact Us

If you have any questions regarding our Privacy Policy, please contact us by email at info@lefferts.com or by mail 1826 Collins Avenue Miami Beach, Fl 33139.

Last Updated: March 26, 2024

Terms of Service

These Terms of Service (the “Terms” or “Agreement“) are made and entered into by and between you (“User“, “you“, “your” or “yours“) and Lefferts Investments, LLC, a Florida limited liability company (referred to in these Terms as “Company“, “we“, “us” or “our“) for the use of the website https://www.lefferts.com, any site or sub-site hosted thereon, and any mobile application or other software provided by us (collectively, the “Platform“, “Service“, or “Services“).

BEFORE YOU PROCEED, PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING, ACCESSING, OR LOGGING INTO OUR PLATFORM, OR DOWNLOADING ANY CONTENT THEREON, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC SERVICE OR FEATURE OFFERED BY COMPANY (IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR PLATFORM).

Please read these Terms carefully and print them for future reference. By accessing, browsing, or otherwise using the Platform, or our products and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the Terms, you shall not access, browse, or use the Platform. These Terms along with our Privacy Policy and Cookie Policy explain how we provide our products and services, collect, hold, and process your information, and govern your access to and use of our products and services, including any content, functionality and services offered on or through the Platform. If you do not want to agree to these Terms or the Privacy Policy, you may not use our Platform, products, and services. If you are accessing our Platform via any other third-party application or site, you expressly agree to be bound by the notices, terms, and conditions posted thereon.

You understand and agree that we may change these Terms at any time without prior notice. You may read a current, effective copy of these Terms at any time by selecting the “Terms of Service” link on the Platform. The revised terms and conditions will become effective at the time of posting. Any use of the Platform, products, or services after such date shall constitute your acceptance of such revised terms and conditions. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Platform, products, or services. We will not be liable if for any reason all or any part of the Platform, products, or services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, products, or services to users, including registered users. You are responsible for making all arrangements necessary on your end to have access to the Platform, products, or services and ensuring that all persons who access the Platform, products, or services through your internet connection are aware of and comply with these Terms.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (See Section 16). For any dispute involving amount less than Eight Thousand ($8,000.00) Dollars, the Parties shall submit such disputes to non-binding mediation in Miami-Dade County (JAMS Rules).

1. Overview.

The Company provides you access to our personalized virtual Platform to provide you with information about our property and its services. By accessing or using our Platform, you agree to comply with and by bound by these Terms.

2. Eligibility.

By agreeing to these Terms, you represent and warrant to us that: (a) you are at least eighteen (18) years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are under the age of eighteen (18), you represent that you have your parent’s or legal guardian’s permission to use the Service.

2.1 Parents and Legal Guardians.

If you are a parent or legal guardian who allows your minor children to use the Service through your account, you accept these Terms on behalf of your child and are responsible for your child’s activity on the Service. If you (or your parent or legal guardian, as may be applicable) do not agree to these Terms, you may not use our Service.

3. User Guidelines

When using the Platform, you agree not to use the information, services or any other part of the Platform to take any actions that:

  1. Are contrary to Company’s public image, goodwill or reputation;
  2. Promote any illegal activity or content;
  3. Infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy;
  4. Express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent;
  5. Violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
  6. Are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
  7. Transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
  8. Restrict or inhibit any other visitor from using the Platform, including without limitation, by means of “hacking” or defacing any portion of the Platform;
  9. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Platform;
  10. Remove any copyright trademark or other proprietary rights notices contained in the Platform;
  11. Sublicense, sell, rent, lease, transfer, assign, or convey any rights under the Terms of Service to any third party, or otherwise commercially exploit or profit from the information or content of the Platform, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
  12. “Frame” or “mirror” any part of the Platform without prior written authorization;
  13. Distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
  14. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Platform or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents, authentications and security measures;
  15. Harvest or collect information about any Platform visitors or users without their express consent.

4. Third Party Services.

4.1 Linked Websites.

The Platform contains links to third-party websites (“Third-Party Sites“). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such Third-Party Sites. The content of such Third-Party Sites is developed and provided by others, not by the Company, and we have no control over any content or legal terms contained in any Third-Party Sites. By visiting any Third-Party Sites, you agree to expressly be bound by any posted terms and conditions and hereby release and hold the Company harmless for any use of Third-Party Sites. You should contact the site administrator for any and all Third-Party Sites if you have any concerns regarding such links or any content located on such Third-Party Sites. The Company is not responsible for the content of any linked Third-Party Sites and does not make any representations regarding the content or accuracy of any materials on such Third-Party Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Sites, you do so at your own risk. To the fullest extent permitted under applicable law, you agree to indemnify us and hold us harmless for your access and use of any Third-Party Sites.

4.2 Third-Party Service Providers.

The Company does not warrant, endorse, guarantee, or assume any responsibility or liability for any product or service advertised or offered by a third-party (“Third-Party Service Provider“) through our Platform or Service. If you use any product or service offered by a third-party in conjunction with the Platform, you acknowledge and agree that (i) you are responsible for understanding the terms and conditions of your use of the third-party product or service; (ii) we do not control the third-party or its product or service; (iii) your use of their product or service is at your own risk; and (iv) we are not responsible and may not be held liable for the product or service, or the actions or omissions, of the third-party. Subject to these disclaimers, we may use certain Third-Party Service Providers to gather data and authenticate information regarding you and your device. In some instances, this may require you to accept third-party software tools and products through the Platform. You further agree we may place cookies and other identifiers on the mobile devices you use to access our products, services, website, as specified in these Terms or in our products or Services.

5. Travel Disclaimer

When traveling, the User shall be aware that some destinations may pose higher risks than others. Company hereby advises Users to review applicable travel prohibitions, warnings, announcements, and advisories issued by the United States Government before booking trips to international destinations. For details on conditions in different countries and territories and the risk levels associated with traveling to international destinations, please visit: www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED VIA THIS PLATFORM IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM ANY TRAVEL RELATED ACTIONS OR EVENTS, OR STAYING IN, SUCH DESTINATIONS TO THE FULLEST EXTENT PERMITTED BY LAW.

6. Our Content

6.1

Our Platform contains our proprietary material or material that has been licensed to us, including but not limited to software, text, graphics, and images (collectively, our “Content“). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is the intellectual property of Company or our licensors and constitute trademarks, patents, copyrights, and other intellectual property rights of Company or its licensors under U.S. and foreign laws and international conventions. Unauthorized use of our Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, or display the Content except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. Failure to do so may result in violations of state and federal laws. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website, digital or printed materials, or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content and Platform shall automatically terminate and you must immediately destroy any copies you have made of the Content.

6.2

The trademarks, service marks, and logos of the Company and its affiliates (collectively, the “Company Trademarks“) used and displayed on this Platform are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Platform may be trademarks or service marks owned by third parties (the “Third-Party Trademarks“, and, collectively with the Company Trademarks, the “Trademarks“). Nothing on this Platform or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on this Platform without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, the Company’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Company’s prior written consent. All goodwill generated from the use of any Company Trademarks shall inure to the Company’s benefit. Certain elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Company. None of the Content for this Platform may be retransmitted without the express written consent from Company for each and every instance.

6.3 Ownership; Proprietary Rights.

The Service is owned and operated by the Company. The Content, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform and the Service (“Materials“) provided by Company are protected by intellectual property and other laws. All Materials included in the Platform and the Service are the property of Company or its third-party licensors. Except as expressly authorized by Company, you may not make use of the Materials except in connection with your use of the Service. Company reserves all rights to the Materials not granted expressly in these Terms.

7. Feedback

If you choose to provide input and suggestions regarding the design and performance of the Service, problems with, or proposed modifications or improvements to the Service (“Feedback“), then you hereby grant Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

8. Digital Millennium Copyright Act

8.1 DMCA Notification

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

Lefferts
Attn: Legal Department
1826 Collins Avenue
Miami beach, FL 33139
Email: info@lefferts.com

Only copyright complaints may be sent to our Copyright Agent. No other communications will be accepted or responded to.

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must contain the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of the material that you claim is infringing and where it is located on the Service;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

IMPORTANT NOTICE: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR PLATFORM OR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR PLATFORM OR SERVICE BEFORE SENDING THE NOTICE.

8.2 Repeat Infringers

Company will promptly terminate the access rights of any User that is determined by Company to be a repeat infringer.

9. Modification of these Terms

We may, from time to time, change these Terms unilaterally. Changes will apply only on a going-forward basis, and any disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Please check these Terms periodically for changes. Unless otherwise stated, revisions will be effective upon posting except that, for existing Users, we will provide reasonable advance notice of any material modifications of the Terms and the opportunity to review the changes. If you do not agree to the modified Terms, you may terminate your access to the Service prior to the effective date of the revised Terms by contacting info@lefferts.com to terminate your access to the Service. If you do not accept the amended Terms, you will not be permitted to continue to use the Platform or the Services and must cease the use thereof. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

10. Term, Termination and Modification of the Service

10.1 Term

These Terms are effective beginning when you accept the Terms or first access or use the Service, and ending when terminated as described in Section 11.2.

10.2 Termination

If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by the Company at info@lefferts.com.

10.3 Effect of Termination

Upon termination of these Terms: (a) your rights to use the Platform and the Service will terminate and you must immediately cease all use thereof; (b) you will no longer be authorized to access the Service; (c) you must pay Company any unpaid amount that was due prior to termination, including costs and fees that arise due to your use of the Service and/or any breach of these Terms; and (d) all payment obligations will survive the termination hereof. You also understand and agree that all terms and conditions hereof that require continued performance, compliance, or effect beyond the termination date of these Terms shall survive such termination date and shall be enforceable in the event of a failure to perform or comply.

10.4 Modification of the Service

Company reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Company will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. The availability of Content may change from time to time, and from geographic territory to territory. As a result, we do not guarantee that any Content will be available or remain available on the Service.

11. Updates

11.1

We may automatically update the Service at our sole discretion, including but not limited when we want to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

11.2

If you choose not to install such updates or if you opt out of automatic updates (if applicable), you may not be able to continue using the Platform and the Services.

12. Indemnification

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Company and its affiliated entities, and their members, managers, shareholders, officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Company Entities“) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

13. DISCLAIMERS; NO WARRANTIES

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR COMPANY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT COMPANY IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF (OR ANY INABILITY TO USE THE SERVICE OR ANY PORTION THEREOF, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO COMPANY FOR ACCESS TO AND USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) FIVE HUNDRED ($500.00) DOLLARS.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. Dispute Resolution and Arbitration

15.1 Generally

In the interest of resolving disputes between you and Company in the most expedient and cost-effective manner, and except as described in Section 15.2 and 15.3, you and Company agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

15.2 Exceptions

Despite the provisions of Section 15.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court (although all disputes for amounts for $8,000.00 or less must be submitted first to non-binding mediation in Miami-Dade County, Florida (JAMS Rules); (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

15.3 Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 15 within thirty (30) days after the date that you agree to these Terms by sending a letter to the Company at 1826 Collins Avenue Miami Beach, FL that specifies: your full legal name, the email address associated with your account on the Service (if any), and a statement that you wish to opt out of arbitration (“Opt-Out Notice“). Once Company receives your Opt-Out Notice, this Section 15 will be void and any action arising out of these Terms will be resolved as set forth in Section 16.3. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

15.4 Arbitrator

Any arbitration between you and Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA“) under its Consumer Arbitration Rules (collectively, “AAA Rules“) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

15.5 Notice of Arbitration; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration“). Company’s address for Notice is 1826 Collins Avenue, Miami Beach, FL 33139. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Company in settlement of the dispute prior to the award, Company will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) Ten Thousand ($10,000.00) Dollars.

15.6 Fees

If you commence arbitration in accordance with these Terms, Company will reimburse you for your payment of the filing fee, unless your claim is for more than Ten ($10,000.00) Dollars, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Miami, Florida but if the claim is for Ten ($10,000.00) Dollars or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that (A) either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), or (B) that the prevailing party in such arbitration is entitled to reimbursement of fees and costs, then you may be subject to payment of such fees and costs under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.

15.7 No Class Actions

YOU AND COMPANY 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 PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

15.8 Modifications to this Arbitration Provision

If the Company makes any future change to this arbitration provision, other than a change to the Company’s address for Notice of Arbitration, you may reject the change by sending us written notice within thirty (30) days of the change to the Company’s address for Notice of Arbitration, in which case your right to access the Service will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

15.9 Enforceability

If Section 16.7 or the entirety of this Section 16 is found to be unenforceable, or if the Company receives an Opt-Out Notice from you, then the entirety of this Section 16 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16.3 will govern any action arising out of or related to these Terms.

16. Miscellaneous

16.1 Privacy Policy

The Company is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of thirteen (13) who wish to allow their children access to the Service are responsible for supervision of that access. When you allow your child to access the Service, you certify that you are at least eighteen (18) years old and that you are the legal guardian of the child/children accessing the Platform. By allowing access to your child, you also give your child permission to access many areas of the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas are appropriate for your child. Registration data and certain other information about you is subject to our Privacy Policy, to which you expressly agree. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Company and its affiliates.

16.2 General Terms

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and the Company regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

16.3 Governing Law

These Terms are governed by the laws of the State of Florida, United States of America, without regard to conflict of law principles. You and the Company submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Miami-Dade County, Florida for resolution of any lawsuit or court proceeding permitted under these Terms. Our Service is not subject to the laws or jurisdiction of any state, country, or territory other than that of the United States. We do not represent or warrant that our Service, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access our Service do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules, and regulations. We may limit the availability of our Service, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

16.4 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 the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or will be forever barred.

16.5 Privacy Policy; Cookie Policy

In connection with your access to the Platform and use of the service, you expressly agree to our Privacy Policy and our Cookie Policy. Please read the Privacy Policy and Cookie Policy carefully in order to learn more about how we use information we collect from you when you access, visit, or use the Platform. The Privacy Policy and Cookie Policy are part of and is governed by these Terms and by agreeing to the Terms, you agree to be bound by the terms of the Privacy Policy and Cookie Policy, and you agree that we may use information collected from you in accordance with the Privacy Policy and Cookie Policy.

16.6 Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Platform or the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

16.7 Security Protocols

You understand that the Service and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

16.8 No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Platform or the Service, use of the Service, or access to the Service.

16.9 Consent to Electronic Communications

By using the Platform or our Service, you acknowledge and agree that you are contracting with the Company electronically, and that we may provide you with any and all notices and disclosures in electronic format (e.g., via e-mail or via the Platform). Any notice, disclosure, agreement, acknowledgement, form, consent, statement, policy, record, document, preference, privacy policy, or other information we provide to you, or that you submit, agree to, or sign at our request (each, a “Communication”) will be provided in electronic form and will be provided either: (1) via e-mail or text message or (2) via the Platform. You expressly consent and agree that we can contact you using written, electronic, or verbal means, including by manual dialing, emails, in-app messaging, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry. You agree that we may use any email address or telephone number you provide as set forth here, now or in the future, including mobile phone numbers. You also agree that we may monitor and record calls regarding your account to ensure the quality of our service or for other reasons.

16.10 Marketing Communications

By agreeing to these terms, you expressly acknowledge and agree that we may send you emails concerning out products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions provided.

16.11 Contact Information

The Service is offered by Lefferts Investments, LLC located at 1826 Collins Avenue Miami Beach, Florida. You may contact us by sending correspondence to that address or by emailing us at info@lefferts.com

16.12 Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service. For more information, please also read our Privacy Rights Summary Notice, which is expressly incorporated herein.

16.13 No Support

We are under no obligation to provide support for the Platform or Service. In instances where we may offer support, the support will be subject to published policies.

16.14 International Use

The Platform and Service is hosted from the State of Florida, United States of America and is intended for Users located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

Last Updated: March 26, 2024.

Accessibility Statement

General

We at Lefferts Investments, LLC, (“Company“, “we“, “us” or “our“) strive to ensure that our website located at http://www.lefferts.com (“Website“) is accessible to all individuals, including persons with disabilities. We have invested significant resources to help ensure that our Website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort and independence.

Accessibility on our Website

Our ongoing accessibility effort works towards conforming to the Web Content Accessibility Guidelines (WCAG), Version 2.1 (or newer). These guidelines not only help make web content accessible to users with sensory, cognitive and mobility disabilities, but ultimately to all users, regardless of ability.

Disclaimer

We continue our efforts to constantly improve the accessibility of our Website, in the belief that it is our collective moral obligation to allow seamless, accessible, and unhindered use for all people, including those with disabilities. Despite our efforts to make all pages and content on our Website fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.

Here for You

If you are experiencing difficulty with any content on, or otherwise require assistance with, our Website, please contact us during normal business hours, as detailed below, and we will be happy to assist you.

Contact Us

If you wish to report an accessibility issue, if have any questions, or if you need assistance, please contact us by email at legalnotices@gfoinvestments.com or by mail at the address below:

Lefferts Investments, LLC
1826 Collins Ave,
Miami beach, FL 33139

Last Updated: March 26, 2024

Privacy Rights Summary Notice

This page supplements our Terms of Service and Privacy Policy. If you are a California, Connecticut, Colorado, Utah, or Virginia-based consumer, this Privacy Rights Summary Notice (“Notice“) will apply to you. This Notice explains the categories of personal information/data (“personal information“) that we collect and how we use them in accordance with the California Consumer Privacy Act (“CCPA“) (as amended by the California Privacy Rights Act (“CPRA“), the Colorado Privacy Act (“CPA“), the Connecticut Data Privacy Act (“CTDPA“), the Utah Consumer Privacy Act (“UCPA“), and the Virginia Consumer Data Protection Act (“VCDPA“) (collectively, the “Privacy Laws“). To the extent that any provisions in this Summary Notice conflict with the terms of our Privacy Policy, our Privacy Policy shall control.

This also delivers information on certain opt-out rights concerning disclosures, “sales,” or “sharing” of personal information to third parties. Finally, this describes how we use “Sensitive Personal Information” and our retention schedule for each category of personal information.

Personal Information Collection

We may collect (and may have collected during the 12-month period prior to the effective date of this Policy) the following categories of personal information about you:

Our Service is designed for a general audience and are not directed to children. We do not knowingly collect or solicit personal information from children under the age of thirteen (13) (or other relevant ages, which may apply by virtue of applicable law).

Personal Information Uses

During the last twelve (12) months, we may have used the personal information we collect for the following business or commercial purposes:

Opting Out of “Sale” or “Share” of Personal Information

You also have the right to opt out of the “selling” or “sharing” of your personal information. We do not have actual knowledge that we sell or share personal information of consumers under the age of 16.

To specify your preferences, California and Colorado consumers may visit our Do Not Sell My Personal Information page. We will not deny, charge different prices for, or provide a different level or quality of goods or services, if you choose to exercise any of your privacy rights.

Opting Out of Information Disclosures to Unaffiliated Third Parties

In addition to the rights mentioned above, we provide you with a cost-free means to opt-out of our sharing your information with third parties with whom we do not share the same brand name, if that third party will use it for its own direct marketing purposes.

If you would like to exercise this right under California or Colorado law, please complete the form on our Do Not Sell My Personal Information page.

Sensitive Personal Information

We will only process Sensitive Personal Information where it is necessary for the purposes of carrying out our legal obligations or exercising specific rights as permitted by law.

Retention Policy

We seek to ensure that we retain only information necessary to effectively service our customers; provide relevant product assortments and advertisements; assist you with customer service-related matters; and comply with our legal obligations. The need to retain personal information varies widely with the type of information and the purpose for which it was collected. We strive to ensure that personal information is only retained for the period to fulfill the purpose for which it was collected.

Contact Us

If you have general questions about this Notice, please email us at info@lefferts.com or write to us at 1826 Collins Avenue, Miami Beach, FL 33139.

Last Updated: March 26, 2024

“Do Not Sell My Information”

[CREATE FILLABLE FORM FOR SUBMISSION VIA WEBSITE]

There are certain services that you use of ours for which we do not charge. Instead, advertisers may pay us for allowing them to show you advertisements for their products and services online. Like many other online companies, we may use services provided by Google, Facebook, and others to help deliver interest-based ads to you.

California law may classify some cases of limited information sharing with advertising partners through the use of these services as a “sale” of personal information from which California residents have the right to opt-out. This is because the companies that provide these services and our advertising partners may collect some information from our users (e.g., cookies, advertising IDs, IP addresses, and usage activity) to help them understand how people interact with advertising content on and off of our services and content, and to serve ads that they think users may want to see based on their online activity.

We wanted to take this opportunity to explain your choices regarding how to control the limited information that is shared. You have the ability to restrict this use of cookies and advertising IDs.

There are a few different ways you can do this for cookies:

Last Updated: March 26, 2024

Targeted Ads Preferences

Your Privacy Choices to Opt-Out of Cross-Contextual Behavior Advertising

Company aims to be fully transparent about how we treat your personal information/data (“Personal Information“). Certain states, namely, California, Colorado, Connecticut, Utah, Virginia, give consumers of those states the right to opt out of certain data sharing practices that could constitute “selling,” “sharing,” or “profiling” (collectively, “share” or “sharing“) under these laws. On this page, you can learn about our data-sharing practices and exercise your right to opt out of certain data sharing practices concerning your personal information.

Please follow the steps outlined in all three sections below (“Affiliate and Third-Party Preferences,” “Targeting Cookies Preferences,” and “Digital Vendor Preferences”) to fully exercise your privacy choices.

Affiliate And Third-Party Preferences

To opt out of sharing your personal information with our affiliates and other companies for their own marketing purposes, please click the following link and fill out the form located on our Do Not Sell My Information page.

Targeting Cookies Preferences

We allow our advertising partners to collect certain information through cookies and similar technologies on our Platform, which is used to show you ads that are targeted to your interests. To learn more about opting out of selling or sharing of information facilitated by these cookies, click the link below, please visit our Cookie Policy.

We may also recognize Global Privacy Control (GPC) signals from your web browser or web browser extension to automatically opt you out of the selling or sharing of information facilitated by these cookies. For more information about GPC, please visit Global Privacy Control.

IMPORTANT: Please note that you will need to repeat this process on each device, browser, and digital environment you use to access our Service. You will need to repeat this process again if you delete cookies on any of your browsers or devices. For information about our privacy practices, please visit our Privacy Policy.

Digital Vendor Preferences

Below are a few other choices you have to control sharing of your information in connection with targeted advertising:

Last Updated: March 26, 2024.