Leap360 a Software Product (or a Brand) of LEAP360, LLC, a Texas
Limited Liability Company (“Leap360”, “we” or “our”) owns and operates
the Internet websites, pages and services accessible at many sites
including but not limited to www.Leap360.com, www.playplacecrm.com,
www.playtimecrm.com (“Sites”) exclusively for our registered customers
(“Customer”, “User”, “you” or “your”).
EITHER BY USING THE SERVICE, CLICKING A BOX INDICATING YOUR
ACCEPTANCE OR ACCESSING THE WEBSITE, YOU AGREE TO ACCEPT THE TERMS
OF USE (“TERMS”) OF THIS AGREEMENT (“AGREEMENT”). IF YOU ARE
ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL
ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH
ENTITY AND ITS AFFILIATES TO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH
AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE
THE SERVICES. PLEASE DO NOT USE THE SITE IF YOU HAVE NOT REACHED THE
AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU LIVE.
All right, title and interest to all information, data, text, voice, software, music, sound, photographs, graphics, video, messages or other materials on the Sites (“Content”) (including all copyrights, trademarks, patent rights and other intellectual property rights) on the Sites and all information contained therein is and shall remain the sole property of Leap360 and its licensors, as applicable. Leap360 provides small, medium and large sized businesses and organizations a variety of tools and resources to help facilitate customer relationship management, point of sale, inventory bookings, customer invoicing, online event booking, facility management, vendor management and employee management (“Services”). Leap360 operates many Sites to provide access to online subscriptions for its Customers and website users. Additional terms and conditions applicable to specific portions of these Sites or to particular content or transactions are posted in the Sites and, together with these Terms, govern your use of those portions, content or transactions.
You may not, directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, design patterns, logos, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
You acknowledge that Leap360 does not own, operate or manage the
Internet; communications on the Internet may not be secure and may be
subject to interception or loss; and certain content available on the
Internet is copyrighted and may have been distributed in violation of
copyright laws. Accordingly, you agree that you must evaluate, and
bear all risks associated with, your use of the Sites or of all
content, including any reliance on the accuracy, completeness, or
usefulness of such content (whether originating with Leap360 or
otherwise). Leap360 does not guarantee continuous, uninterrupted or
secure access to the Sites, and operation of the Sites may be
interfered with by numerous factors outside of our control. Leap360
respects the intellectual property rights of third parties. In the
event that you have a good faith belief that your copyrights have been
violated by the use or display of certain content within the Platform,
it is our policy to investigate and promptly undertake efforts to
resolve the issue. To notify us regarding an alleged copyright
violation, you must provide us with all of the following information:
(i) a physical or electronic signature of a person authorized to act
on behalf of the owner of the exclusive right that is allegedly
infringed; (ii) identification of the copyrighted work(s) claimed to
have been infringed, and information reasonably sufficient to permit
us to locate the material; (iii) information reasonably sufficient to
permit us to contact you, such as an address, telephone number, and if
available, an electronic mail address at which you may be contacted;
(iv) a statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and (v) a statement that the
information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. For this notification to
be effective, you must provide it to Leap360’s designated agent at:
LEAP360, LLC Attn. Compliance Department 803 W Southlake Blvd, Suite
100 Southlake, TX 76092 Email:
sales@leap360.com
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY
OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THIS SITE.
THESE SITES AND ANY CONTENT OBTAINED THEREFROM ARE PROVIDED ON AN “AS IS” BASIS AND Leap360 EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Leap360, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
IN NO EVENT SHALL Leap360 OR ANY OF ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Leap360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS SITE, OR (ii) ANY DISCLOSURE OF INFORMATION PROVIDED TO Leap360 (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF LEAP360), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF Leap360. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THIS AGREEMENT ARE EXCLUSIVE AND YOU ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL Leap360’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO Leap360 IN THE THREE (3) MONTH PERIOD PRIOR TO THE DATE OF THE INCIDENT GIVING RISE TO THE LIABILITY. Please note that some jurisdictions may not allow the above exclusion of implied warranties, so some of the above exclusions may not apply to you.
The Internet and these Sites are constantly evolving. We reserve the right to change or modify this Agreement or to impose new conditions with respect to your use of these Sites at any time and from time to time. We also have the right at any time to change, substitute, modify, add or discontinue any aspect of or feature of the Sites, including but not limited to content, functionality, and means of access or use. Such changes, substitutions, modifications, additions or discontinuances shall be effective immediately upon notice to you, which may be given by posting in this Agreement or elsewhere on the Sites, electronic mail, or any means by which you obtain actual knowledge.
Leap360 cannot and does not guarantee or warrant that files available for downloading through the Sites will be free of infection by software viruses or other harmful computer code, files or programs.
Any software available for download via the Sites is the copyrighted work of Leap360 and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement associated with that specific software.
Company hereby grants you, subject to the Terms, a limited non-exclusive, non-sublicensable, non-transferable, license to use the Site and Services. You may not download any portion of the Site or use of any Services other than for your own personal or company use. You may not use any data mining, robots, or similar data gathering tools or otherwise exploit your access to the Services for any commercial purpose. You may not use any of the trademarks, logos, or other proprietary graphics without express written permission, which may denied in Company’s absolute discretion. Company’s logos product and service names are trademarks of Company. All other trademarks appearing on the Website or in connection with the Products or Services are trademarks of their respective owners, and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. You may not attempt to disassemble, decompile, reverse engineer, or otherwise modify or attempt to access the software, related code, or any portion of the Services.
You agree to indemnify and hold Leap360, its owners, affiliates, directors, officers, agents, subcontractors, service providers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) User materials submitted, posted to or transmitted through the Site by you or your authorized user, (ii) any breach of this Agreement by you or your authorized user, or (iii) any violation of any rights of a third party caused by you or your authorized user. For purposes hereof, “your authorized user” means you or any person or entity using your account (x) with your permission, (y) as a result of your failure to adequately protect your account password, or (z) as a result of your failure to immediately notify Leap360 of any unauthorized use of your password or account or any other breach of security. In case of an action to enforce any rights or conditions of the Terms, or appeal from said proceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party’s reasonable attorney fees and costs incurred.
You are solely responsible for and agree to pay, indemnify, and hold Leap360 harmless from any and all sales, use, communications, excise, or similar tax or duty, and any other tax not based on Leap360’s net income, including penalties and interest and any associated professional fees, and all other imposts levied upon or chargeable with respect to the use, license, sale, or delivery of the services or other deliverables in respect of this Agreement, and any costs associated with the collection or withholding of any of the foregoing items.
You agree (i) to use the Sites only for lawful purposes, (ii) not to take any action that might compromise the security of the Sites, render the Sites inaccessible to others or otherwise cause damage to the Sites or the Content, (iii) not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you, (iv) not to use the Sites in any manner that might interfere with the rights of third parties.
Leap360 or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Leap360’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to Leap360 or anyone at Leap360. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Leap360, without any compensation to you; (2) Leap360 will have no obligation to return your idea to you or respond to you in any way; (3) Leap360 will have no obligation to keep your idea confidential; and (4) Leap360 may use your idea for any purpose whatsoever, including giving your idea to others. However, Leap360 does welcome feedback regarding many areas of Leap360’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the Sites. Any feedback you provide shall be deemed provided under the terms above.
You (i) must keep your passwords secure and confidential, (ii) are solely responsible for all activity in your account, (iii) must use commercially reasonable efforts to prevent unauthorized access to your account and notify us promptly of any unauthorized access. You agree to accept responsibility for all activities that occur under your member identification and password. You agree to meet or exceed industry standards in the creation, protection and rotation of your passwords and online identities.
Entire Agreement/No Waiver. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Leap360 of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Leap360 reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Leap360 does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. Software Errors, Bugs, Defects and Issues: Leap360 software product or solution may have hidden defects, errors, bugs and Issues. These hidden defects, errors, bugs and Issues may cause your data lose at some extend. In these circumstances Leap360 team will closely work with you to recover the loss but Leap360 does not give guarantee to recover the data and Leap360 will not be responsible for any of these issues. Notice. Any notices or requests that may be given or made pursuant to this Agreement must be in writing and delivered personally, by registered or certified mail, postage prepaid, by a recognized overnight delivery service or by facsimile, which shall be deemed received upon confirmation of receipt in legible form to the parties hereto. No Agency. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind Leap360 in any manner or respect whatsoever. Severability. You agree that if any provision of this Agreement is found void or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, this will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to applicable principles of conflicts of law to the extent that the application of the laws of another jurisdiction would be required thereby. In case of any dispute related to this Agreement, the parties agree to submit to personal jurisdiction in the State of Texas. Furthermore, the parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of any court of the State of Texas or any federal court sitting in the State of Texas for purposes of any suit, action or other proceeding arising out of this Agreement. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS, OBLIGATIONS AND/OR PERFORMANCE OF THIS AGREEMENT. Use of this Site is unauthorized in any jurisdiction that does not give effect to all the provisions of this Agreement, including without limitation this paragraph. You may preserve this Agreement in written form by printing for your records, and you waive any other requirement that this Agreement be evidenced by a written document. Assignment. You may not assign this Agreement or resell the right to use the Services without our prior written consent. We may assign or subcontract this Agreement at any time. This Agreement will be binding upon and inure to the benefit of all of our successors and assigns, which will be bound by all of the obligations of their predecessors or assignors. Force Majeure. Leap360 will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond Leap360’s reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.