Last modified: January 21, 2021

Acceptance of the Terms of Service

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service"), govern your access to and use of LeadLeaper, including any content, functionality and services provided on or through the LeadLeaper extension, the LeadLeaper web application (web-app) and the LeadLeaper corporate website (including any related domains and subdomains ), whether as a guest or registered user; provided however that the terms of a separate subscription agreement entered into by and between you and the Company shall govern to the exclusion of these Terms of Service where applicable.

Please read the Terms of Service carefully before you start to use LeadLeaper. By using LeadLeaper, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use LeadLeaper.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of LeadLeaper thereafter.

Your continued use of LeadLeaper following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access LeadLeaper so you are aware of any changes, as they are binding on you.

Financial Obligations of the User

LeadLeaper is made available to all qualified users in good standing as defined herein on either a Free or Paid subscription basis. Subscribers are entitled to use the range of services offered commensurate with their subscription level. All paid subscriptions are made available on a month-to-month basis and do not have a pre-determined duration or termination date. As such, each paid subscription will automatically renew each month on the renewal anniversary of the paid subscription. It is the subscriber's obligation to inform the company when they no longer wish to continue their paid subscription. Unitl so, billing will continue and the subscriber will remain responsible for fulfilling all monthly payments.

Cancellation Policy

Upon receipt of a request to cancel on the part of a paid subscriber, automatic monthly billing will be terminiated and if the subscriber is in good standing as defined herein, their paid subscription will be converted to a free subscription.

Accessing LeadLeaper and Account Security

We reserve the right to withdraw or amend LeadLeaper, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of LeadLeaper is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of LeadLeaper to users, including registered users.

You are responsible for:

·         Making all arrangements necessary for you to have access to LeadLeaper.

·         Ensuring that all persons who access LeadLeaper through your internet connection are aware of these Terms of Service and comply with them.

To access LeadLeaper or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of LeadLeaper that all the information you provide is correct, current and complete. You agree that all information you provide to register with LeadLeaper or otherwise, including but not limited to through the use of any interactive features on LeadLeaper, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to LeadLeaper or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Intellectual Property Rights

LeadLeaper and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company name, Leadleaper.com®, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company. You must not use such marks without the prior written permission of the Company.  

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on LeadLeaper, except as follows:

·         Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

·         You may store files that are automatically cached by your Web browser for display enhancement purposes.

You must not:

·         Modify copies of any materials from LeadLeaper.

·         Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

·         Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from LeadLeaper.

You must not access or use for any commercial purposes use, other than the limited business purpose of exploring a potential transaction or business relationship with the Company, any part of LeadLeaper or any services or materials available through LeadLeaper.

If you wish to make any use of any content or material on LeadLeaper other than that set out in this section, please address your request to: contact@leadleaper.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of LeadLeaper in breach of the Terms of Service, your right to use LeadLeaper will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in LeadLeaper or any content on LeadLeaper is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of LeadLeaper not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

Employing LeadLeaper for Email Outreach

All email outreach conducted employing LeadLeaper must be Business to Business (B2B). Email outreach employing personal email addresses is prohibited.

Generally, there are two enumerated legal bases to conduct B2B outreach:

·         Consent of the recipient; or

·         A legitimate business interest

Since legitimate business interest is determined by what may be deemed to be useful to the recipient, it is incumbent upon you as a LeadLeaper user to employ email content that the recipient is likely to find relevant.

Prohibited Uses

You may use LeadLeaper only for lawful purposes and in accordance with these Terms of Service. You agree not to use LeadLeaper:

·        In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

·        For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

·        To send, knowingly receive, upload, download, use or re-use any material which does not its entirety comply with all applicable federal, state, local and international laws and regulations or, without limiting the foregoing, does any of the following (“Content Standards”):

o    Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

o    Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

o    Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

o    Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.

o    Be likely to deceive any person.

o    Promote any illegal activity, or advocate, promote or assist any unlawful act.

o    Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

o    Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

·        To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

·        To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

·        To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of LeadLeaper, or which, as determined by us, may harm the Company or users of LeadLeaper or expose them to liability.

Additionally, you agree not to:

·         Create or attempt to create multiple free LeadLeaper accounts.

·         Use LeadLeaper in any manner that could disable, overburden, damage, or impair LeadLeaper or interfere with any other party's use of LeadLeaper, including their ability  to engage in real time activities through LeadLeaper.

·         Use any robot, spider or other automatic device, process or means to access LeadLeaper for any purpose, including monitoring or copying any material.

·         Use any manual process to monitor or copy any LeadLeaper material or for any other unauthorized purpose without our prior written consent.

·         Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

·         Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of LeadLeaper.

·         Attack LeadLeaper via a denial-of-service attack or a distributed denial-of-service attack.

·         Use LeadLeaper to generate and export material or content for resale.

·         Otherwise attempt to interfere with the proper working of LeadLeaper.

Changes to LeadLeaper

We may update LeadLeaper from time to time, but its content is not necessarily complete or up-to-date. Any of the material on LeadLeaper may be out of date at any given time, and we are under no obligation to update such material.

Information about You and Your Visits to LeadLeaper

All Personally Identifiable Information collected by LeadLeaper is subject to our Privacy Policy. By using LeadLeaper, you consent to all actions taken by us with respect to your Personally Identifiable Information in compliance with the Privacy Policy.

Linking to LeadLeaper and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

LeadLeaper may provide certain social media features that enable you to:

·         Link from your own or certain third-party websites to certain content on LeadLeaper.

·         Send e-mails or other communications with certain content, or links to certain content, on LeadLeaper.

·         Cause limited portions of content on LeadLeaper to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

·         Establish a link from any website that is not owned by you.

·         Cause LeadLeaper or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

·         Link to any part of LeadLeaper other than the homepage.

·         Otherwise take any action with respect to the materials on LeadLeaper that is inconsistent with any other provision of these Terms of Service.

·         The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms  of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from LeadLeaper

If LeadLeaper contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to LeadLeaper, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of LeadLeaper is based in the state of Nevada. Access to LeadLeaper is prohibited by any person(s) or organization(s) designated by the United States government as a foreign terrorist pursuant to section 219 of the Immigration and Nationality Act or otherwise in violation of any US export control restrictions. If you access LeadLeaper from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or from LeadLeaper will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF LEADLEAPER OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT LEADLEAPER OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WHERE WARRANTIES MAY BE LIMITED BUT NOT EXCLUDED, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAW, OR $100.00 IF SUCH AMOUNT IS NOT PROVIDED FOR BY SUCH LAW. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of LeadLeaper, including, but not limited to, your User Contributions, any use of LeadLeaper's content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from LeadLeaper.

Governing Law and Jurisdiction

All matters relating to LeadLeaper and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or LeadLeaper shall be by one disinterested arbitrator in binding arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules and Optional Rules for Emergency Measures of Protection in Nevada. The arbitral decision and award will be final and binding on the parties, and may be entered and enforced in any court of competent jurisdiction. The expenses of the arbitration shall be borne equally by the parties, provided, that each party shall pay for and bear the cost of its own experts, evidence and legal counsel.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR LEADLEAPER MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

The Terms of Service, our Privacy Policy, and Copyright Policy (as applicable) constitute the sole and entire agreement between you and LeadLeaper with respect to LeadLeaper and supersede all prior and contemporaneous oral understandings, agreements, representations and warranties with respect to LeadLeaper. For the avoidance of doubt, the terms of a separate subscription agreement entered into by and between you and the Company shall govern to the exclusion of these Terms of Service where applicable.

Your Comments and Concerns

Feedback, comments, requests for technical support and other communications relating to LeadLeaper should be directed to: contact@leadleaper.com.

Thank you for visiting LeadLeaper.