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Welcome to Leap’s Terms and Conditions of Use (these “Terms” or this “Agreement”). This is a contract between you, the user, and Leap (hereinafter ” Leap”) operated by Riu International LLC. By accessing the LEAP SOCIAL app (“Application”) or its website found at https://www.leapsocial.com (“Site”), whether through a mobile device, mobile application, or computer (collectively, the “Service”), API’s, you agree to be bound by these Terms. These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. It is your responsibility to read the terms and conditions before proceeding to use the services. You should also read the Leap Social’s Privacy Policy, which may be found at (https://leapsocial.com/app/privacy-policy/). If you do not expressly agree to all of the terms and conditions, including the Leap Privacy Policy, then please do not access or use the Services.
Please note that if you become a Leap + subscriber for a term (the “Initial Term”), then the terms of your subscription will automatically renew for additional periods of the same duration as the Initial Term if you do not cancel prior to the end of the term. See Section “Renewal” for more information on the automatic renewal applicable to subscriptions.
Please be aware that this agreement contains a mandatory arbitration of disputes provision in section 17 that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Special notice to California Members: You have the right to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription), without any penalty or obligation, at any time until midnight of the third business day after the day on which you purchased a subscription and/or upgrade(s). To cancel your subscription and/or upgrade(s), contact us at support@leapsocial.com. We will get back to you within 2 business days with a receipt.
Any new features or tools which are added to the Service shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Throughout the Agreement, the terms “we”, “us” and “our” refer to Leap. Leap offers the Site and Application, including all information, tools, and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
Restrict, suspend or terminate your access to all or any part of the Service;
Change, suspend or discontinue all or any part of the Service;
Refuse, move, or remove any content that is available on all or any part of our Site;
Deactivate or delete your account;
Establish general practices and limits concerning use of the Service.
Suspend membership if found misbehaving at events or reported by event managers about potentially causing safety threats or risks to other members of Leap Social.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand that your content (excluding your credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted and is directly transacted with a payment provider. Leap Social has no ability to see your credit card information, and only receives a paid check from credit card processors.
(Check payment provisions on last page) .
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site, use of the site, or access to the site or any contact on the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or the Application. Leap content is not for resale. Use of the Site or the Application does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Leap and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Leap or our licensors except as expressly authorized by these Terms.
Leap Social is an event based dating application. Allowing people to meet in real life. We use your location data to let you enter and leave events. However your location data is never shared with any other user, unless you agree to share it yourself. We do not allow our members to see the exact location information about any member. The GPS location code is curtailed to just 3 numbers in members map view to show users in a city, or town vs a street or block. This information is encrypted and not accessible to any user(s).
You must create a Leap account to access and use the Service. In order to create an account, you must be at least 18 years of age or the age of majority to legally enter into a contract under the laws of your home country. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
By creating an account, 1) you represent and warrant that you have never been convicted of a felony, 2) you are not required to register as a sex offender with any government entity, and 3) you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition. Using the Service may be prohibited or restricted in certain countries. If you use the Service from a territory outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.
Once you create an account with us, you are registered on the Leap Application. The terms “member,” “membership,” and “account” all refer to this registration as a member on Leap’s Application. If you are merely surfing or browsing through the Site or Application and have not yet created an account, your use of the Site or Application is still subject to this Agreement; if you do not agree to this Agreement, do not access or use the Site or Application.
You may create an account by using your Facebook, Google or Apple login or providing your phone number. You may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of your account login details, and you are solely responsible for all activities that occur under your account. You acknowledge that Leap is not responsible for third party access to your account that results from theft or misappropriation of your account. You agree to notify us immediately of disclosure or unauthorized use of your account login or any other breach of security at support@leapsocial.com.
Furthermore, you hereby acknowledge, understand and agree to:
furnish factual, correct, current and complete information with regards to yourself as may be requested by the registration process, and maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Leap will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Leap Service, or any portion thereof.
As a member of the Service, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content and information that you post, upload, publish, email, transmit, link to, record, display or otherwise make available by way of the Service, or transmit to other members, including text messages, chat, videos, photographs or profile information, whether publicly posted or privately transmitted. As such, we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by use of the Service, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Leap.
Furthermore, you hereby expressly understand that you may not post, upload, display or otherwise make available any Content that:
Is deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
-Causes harm to minors in any manner whatsoever;
-Advocates harassment or intimidation of another person;
-Defrauds or intends to defraud other users of the Service;
-Impersonates any individual or entity, including, but not limited to, any Leap officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; contains video, audio photographs, or images of another person without his or her permission.
Provides information that you personally have no right to offer pursuant to any law nor having any contractual or fiduciary relationship with;
may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
offers any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
disrupts the normal flow of communication, or otherwise act in any manner that would negatively affect other users’ ability to participate in any real time interactions;
solicits personally identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
interferes with or disrupts the offered Service, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
intentionally or unintentionally violates any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
You understand and agree that Leap does not assume any obligation to pre-screen any of the content posted by users and/or members using the Service. However, Leap herein reserves the right, in its sole discretion, to pre-screen, refuse, remove and/or delete any content currently available through the Service for any reason whatsoever, including but not limited to, presence of content that violates the Terms or which would otherwise be considered offensive to other visitors, users and/or members.
Your use of the Service, including all content submitted by you through the Service, must comply with all applicable laws and regulations. Leap herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
compliance with any legal process;
enforcement of the Terms;
responding to any claim that therein contained content is in violation of the rights of any third party;
responding to requests for customer service; or
protecting the rights, property or the personal safety of Leap, its visitors, users and members, including the general
You agree that the content that you post through the Service may be viewed by other users and any person visiting, participating in or who is sent a link to the application. By posting your content through the service you expressly warrant that you have all necessary rights and licenses to do so, and automatically grant to Leap, its affiliates, licensees and successors, an irrevocable, non-exclusive, perpetual, transferable, sub-licensable, royalty free, worldwide right and license to (i) use your content in any way, including but not limited to, copying, editing, modifying, storing, displaying, reproducing, recording, playing, adapting, translating, reformatting, advertising, distributing and otherwise making available to the general public, (ii) prepare derivative works of the content or incorporate the content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your content will not infringe or violate the rights of any third party.
Leap herein reserves the right to include the use of security components that may permit digital information or material to be transmitted from your device to our Ai powered engine to help us match you with users . Onlyt he data you make public will be used such as your name, age, location, photos and locations travelled. The data you make public will be accessible to our Ai to match you to other members and bring you closer to matches at events. This data may be hidden on the profile if selected by you, but will be accessible to Ai and algorithms to help create matches to introduce you IRL and online.
This data is protected, and no data that is saved is directly connected to your profile. It’s only connected to a User ID#. The use of such information and/or material is subject to usage guidelines and regulations established by Leap or any other content providers supplying content services to Leap. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited and upheld in the court of United states of America.
Leap reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way Leap regards as inappropriate or unlawful, including actions or communications the occur off the Service and involve members you meet through the Service. The following is a non-exhaustive list of the type of actions that you are strictly prohibited under the Terms. You will not:
Use the service in an illegal manner or to commit an illegal act;
Stalk or otherwise harass any person;
Post any content that is prohibited by Section ____;
Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
Defraud or solicit money from any members;
Access the Service in a jurisdiction in which it is illegal or unauthorized;
Act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory.
Engage in any fraudulent behavior;
Forge captions, headings, or titles or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service;
Interfere with or disrupt the Service or the servers or networks connected to the Service;
“frame” or “mirror” any part of the Service, without Leap’s prior written authorization; and
Email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Due to the global nature of the internet, using our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
agree not to transfer any software, technology or any other technical data through the use of our network services to any export-prohibited country;
agree not to use our website, app or vendor portal network services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
All the actions you make and information you post on Leap remain your responsibility. You expressly agree to indemnify, defend, release, and hold Leap, and our subsidiaries, affiliates, employees, officers, partners, licensors, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with 1) any negligent acts, omissions or willful misconduct by you; 2) any breach of the Terms by you; 3) posting, uploading and submitting any content to the Service by you; or 4) any violation of laws, regulations, rules, and rights of any third parties by you. Leap retains the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. Upon our request, you agree to co-operate fully and reasonably as required by us in the defense of any relevant claim.
You herein agree not to replicate, duplicate, copy, trade, sell, resell or exploit for any commercial reason any part, use of, or access to the Service.
The term “Leap Social Event” cannot be used for any event that is not integrated with out in person dating service facilitated by Leap Social app.
Leap reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, the Service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. Existing memberships will not be altered if changes are established in the Leap + or Leap + Social membership grades. These memberships will continue to be billed at your locked in rate.
As a member of Leap, you may cancel or terminate your account and consequent access to the Service.
As a member of Leap, you agree that Leap may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, and access to the Service. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
any breach or violation of our Terms or any other incorporated agreement, regulation and/or guidelines;
by way of requests from law enforcement or any other governmental agencies;
the discontinuance, alteration and/or material modification to our Services, or any part thereof;
unexpected technical or security issues and/or problems;
any extended periods of inactivity;
any engagement by you in any fraudulent or illegal activities; and/or
the non payment of any associated fees that may be owed by you in connection with your Leap
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account and/or access to the Service.
The termination of your account with Leap shall include any and/or all of the following:
the removal of any access to all or part of the Service offered within Leap;
the deletion of any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
the barring of any further use of all or part of our
The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, please follow these instructions:
1) If you subscribed to Leap Premium using your Apple ID: To request a refund, go to iTunes, click on your Apple ID, select “View Apple ID”, sign in if requested, select “Purchase History,” find the transaction, and tap “Report Problem.” You can also submit a request at https://getsupport.apple.com/ContactInfo.action.
2) If you subscribed to Leap using your Google Play Store Account: Please tap the “Email us feedback” button from the Settings screen from within the Leap Application and provide us with the order number. You can find the order number in the order confirmation email from the Google Play Store.
In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Leap) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.
Either Leap or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Leap shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
You do hereby acknowledge and agree that Leap’s Service and any essential software that may be used in connection with our Service (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Leap or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Leap Services (e.g. Content or Software), in whole or part.
Leap hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our app on a single device, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the software, including and without limitation, for the purpose of obtaining unauthorized access to our services. Lastly, you also agree not to access or attempt to access our services through any means other than through the interface which is provided by Leap in the form of a dating app, and vendor portal.
You herein acknowledge, understand and agree that all of the Leap trademarks, trade names, service marks, and other Leap logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Leap. You herein agree not to display and/or use in any manner the Leap logo or marks without obtaining Leap’s prior written consent.
With regards to appropriate circumstances and at its sole discretion, Leap may disable and/or terminate the accounts of any user who violates
our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, please submit a notification alleging such infringement that includes:
The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
A description of the location of the site which you allege has been infringing upon your work;
Your physical address, telephone number, and email address;
A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Leap agent for notice of claims of copyright or other intellectual property infringement can be contacted at support@leapsocial.com or the following address: 100 Ryders Lane; Suite 1012, Milltown, New Jersey 08850.
You herein expressly acknowledge and agree that:
To the maximum extent allowed under applicable law, the service shall be provided on an “As is” and “As available” leap and our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, leap does not guarantee the compatibility of any matches.
Leap and our subsidiaries, officers, employees, agents, partners and licensors make no such warranties that (I) the service will meet your requirements; (ii) the service shall be uninterrupted, timely, secure or error-free; (iii) that the application, site, or content as part of the service is correct, accurate or reliable; (iv) quality of any products, services, any information or other material which may be purchased or obtained by you through the service will meet your expectations; and (v) that any such errors contained in the software shall be corrected.
Any information or material downloaded or otherwise obtained by way of the service shall be accessed by your sole discretion and risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading
And/or displaying, or for any loss of data that could result from the download of any such information or material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the service.
You are solely responsible for your interactions with other members. Leap is not responsible for the conduct of any member. Leap does not currently conduct criminal background checks on its members. Leap also does not inquire into the backgrounds of its users or attempt to verify the statements of its users. Leap makes no representations or warranties as to the conduct of any users or their compatibility with any current or future users. Leap reserves the right to conduct any criminal background check or other screenings (such as sex offender registration searches) at any time and to use available public records for any purpose.
No advice and/or information, despite whether written or oral, that may be obtained by you from leap or by way of or from the service shall create any warranty not expressly stated in the
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT LEAP AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, INCOME, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
THE USE OR INABILITY TO USE OUR SERVICE;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICES.
IF YOU ARE DISSATISFIED IN ANY WAY WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
In the event you have a dispute, you agree to release Leap (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
Leap may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing the Service in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
This Agreement, which we may amend from time to time, constitutes the entire agreement between you and Leap and shall govern the use of the Service. The Agreement supersedes any prior version of this Agreement between you and us with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Leap services, affiliate services, third-party content or third-party software.
a. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Leap in a small-claims court of competent jurisdiction if your claims qualify. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Leap any class action, class arbitration, or other representative action or proceeding.
b. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Leap (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Leap (except for small-claims court actions) may be commenced only in the federal or state courts located in Middlesex County, New Jersey. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
d. This Agreement, and any dispute between you and Leap, shall be governed by the laws of the state of New Jersey without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
At any time, should Leap fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.
The Site is controlled, operated and administered by Leap from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Leap’s content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
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