Leap4Life Services Agreement
Last modified as of February 23, 2015
You must agree to this Services Agreement in order to access and/or register for and/or participate in any of Leap4Life's events or challenges, including Leap4Life's incentive challenges, activity tracking, performance verification and social platforms.
Please carefully read this Services Agreement relating to your use of Leap4Life Website (the term "Website" shall include Leap4Life mobile and tablet apps) and participation in Leap4Life Services. By using the Leap4Life Website or registering for or participating in any of our services, including the free-of-charge versions or any of our paid services, (the “Services”), you agree to this agreement (the "Services Agreement"), which we reserve the right to modify at any time, in our sole discretion. The Services include, but are not limited to, the Leap4Life “Bounce Events”, “Jump Events”, ”Leap Events” and any individual or team challenges including the free-of-charge versions of those programs. By using this Website or participating in the Services after we post any changes to this Services Agreement, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Services Agreement, you should not use Leap4Life Website or participate in the Services. Please note that Leap4Life Services are void where prohibited.
I. Your Agreement with Leap4Life
This Services Agreement applies to your use of the websites that are owned or operated by Leap4Life Global, Inc. (“Leap4Life”) and our affiliates (collectively, “we,” “us,” or “our”), including, without limitation, this website and any other website(s) that we may own or operate currently or in the future (collectively, our “Website” or the “Leap4Life Website”), and your participation in any Services for which you register or in which you participate. For purposes of this Services Agreement, "affiliates" shall mean any entity or person, directly or indirectly, owning an interest in, owned by, or under common ownership control with, Leap4Life.
You may be subject to additional posted rules (which are hereby incorporated by reference) applicable to certain Content and Services, or other items and information available through Leap4Life.
By using this Website or registering for or participating in any of the Services, you agree to be legally bound and to abide by this Services Agreement, just as if you had used a pen to physically affix your signature to this Services Agreement. If you do not comply with this Services Agreement at any time, Leap4Life reserves the right, if applicable, to suspend, without notice, your password, user account, and/or access to this Website, and terminate, without notice, your participation in any Services including terminating your eligibility for prizes. If you do not abide by this Services Agreement, you agree that Leap4Life may immediately delete your user account and account information and bar any further access to such information. Further, you agree that Leap4Life shall not be liable to you or anyone for any termination of your access to Leap4Life’s Website or participation in the Services. From time to time, Leap4Life may supplement this Services Agreement with additional terms and conditions pertaining to specific Content or Services ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific Content or Services and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Services Agreement.
You acknowledge that your only right with respect to any dissatisfaction with any modification made by us to the Website, Services or this Services Agreement, or any policies or practices related to the Website or the Services, including without limitation any change in Content or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your membership.
Throughout this Services Agreement and the Rules, you (the user of the website and/or Services) are referred to interchangeably as "user," "participant," "you," and "member," all sometimes with capitalization and sometimes not.
CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THIS WEBSITE OR PARTICIPATE IN THE SERVICES, except with the express written permission of (1) the minor's parent or legal guardian and (2) the minor's physician.
III. Not Medical Advice
The Leap4Life Website and Services provide personal well-being management services and information and are intended only to help users in their personal health, fitness, and general well-being. Leap4Life is not a health clinic, hospital or medical institution of any kind, and no one at Leap4Life (nor the Website) can give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. This Website is intended for use only by healthy people. The Website, Content and Services are not intended for use by pregnant women, or by individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of fitness or wellness program.
Content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition; or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment.
NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE LEAP4LIFE WEBSITE!
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR DOCTOR IMMEDIATELY.
IV. Service Availability
The Services are available only to individuals who specifically elect to subscribe to them and, where applicable, pay the related fees. There are no hidden or additional registration fees. As a buyer of one (or more) of our Services, you agree that:
A. For purposes of your registration for and/or participation in any of the Services, you will provide Leap4LIfe with the information that we request during and after the registration process, and the information you provide will be complete, accurate and truthful (the “Data”). You agree to maintain and promptly update the Data and any other information you provide to Leap4Life to keep it accurate, complete and truthful. Without limiting any other provision of this Agreement, if you provide any information that is not complete or accurate, or Leap4Life has reasonable grounds to suspect that you have provided any information that is not complete or accurate, Leap4Life reserves the right to suspend your account and prevent your use of the Website and/or any of our Services. You agree not to register for more than one account, create an account on behalf of someone else without his/her permission, or create a false or misleading identity on this Website. Leap4Life has your permission to discuss your account details with whomever we deem necessary to process your account, including third-party verifiers, references, teammates, anyone who submits information to Leap4Life on your behalf, and anyone else Leap4Life deems appropriate. Leap4Life also has your permission to let your teammates know if your account is suspended or cancelled because of submission of potentially inaccurate information.
If your registration is revoked for any reason, you agree not to register again on the Website using another user name or through any other means. If Leap4Life has reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Services Agreement or the law.
B. You are solely responsible for keeping your password and account information confidential. You must immediately notify us if you suspect that someone has accessed your account without your permission or has obtained your password or account information. You are solely responsible for any and all activities that occur on in your user account.
C. You agree that if your account is suspended (partially or wholly) due to your failure to comply with the terms set forth in this Agreement, you will not be eligible for any prizes or rewards.
V. Availability & Termination
There are various restrictions on the availability of our Services, including geographic, health, demographic restrictions. For example, pregnant women and unhealthy persons may not register for our Services. You agree that we may prevent (or terminate) your registration for our Services at any time based on these criteria.
Either you or Leap4Life may terminate your registration in the Services at any time. You understand and agree that the termination of your Services registration is your sole right and remedy with respect to any dispute with Leap4Life including, without limitation, any dispute related to, or arising out of: (i) any terms of this Services Agreement or our enforcement of this Services Agreement; (ii) any practice or policy of Leap4Life, including the our Terms & Conditions, or our enforcement of those Rules and policies; (iii) the Content available through this Website or any change in Content provided through the Website or Services; (iv) your ability to use the Website or Services; or (v) any alleged personal or economic injury or other claim to the extent such a limitation is permitted by law. Upon termination of your registration to our Services, Leap4Life may immediately delete your account and account information and/or bar any further access to such information and/or files, our Website and/or our Services.
VI. Website Content
A. Leap4Life authorizes you to view, access and display the Website solely for your personal, non-commercial use in accordance with all applicable laws, provided that you fully comply with this Services Agreement and any other agreement your enter into with Leap4Life. In other words, unless Leap4Life otherwise agrees, we hereby grant you a non-transferable, non-exclusive, limited right to access, use and display this Website for your personal, noncommercial use, provided that you comply fully with the provisions of this Services Agreement. By using the Website, you acknowledge that the Website contains features, photos, video and other graphics, information, software, text, music, sounds, suggestions, messages, comments, feedback, ideas, recipes, notes, articles and other materials (collectively, the "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, including in the form of media and technologies that exist now and those that Leap4Life might develop later. All Content is copyrighted under the United States copyright laws and, to the extent applicable, under foreign laws, and Leap4Life owns a copyright in all aspects of the Content, including selection, flow, layout, coordination and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. Leap4Life is the trade name and the registered trademark and service mark of Leap4Life Global, Inc. Leap4Life’s commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. Modification of the Content or use of the Content for any purpose aside from your personal use, is strictly prohibited without Leap4Life’s prior written consent.
B. The Content may not be used for any illegal purpose. You may not access our Website, Services, networks, systems, computers, or the Content in any manner that could damage or impair them, or interfere with anyone’s use or enjoyment.
C. The Content is licensed only for the personal, household, and educational use of a single adult. An individual's noncommercial reuse or redistribution of any portion of the Content that falls within what is or would be permitted by the United States Copyright or the Lanham Act is permitted. No commercial use or redistribution of any Content is permitted. Any hyperlink or other re-display of the information on another web site must display the Content full-screen and not within a "frame" on the linked or other site.
D. Leap4Life does not recommend or endorse any specific Content, tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on the Content is solely at your own risk. Content may have been provided by third parties and is not vetted or certified by Leap4Life.
E. The Content may link you to other web sites or information, software, data, or other contents on or off the Internet, including linked click-through or other advertising, or through featured or sponsored sites. Leap4Life has not reviewed the contents that may be reached by such links and we are not responsible for such content. Your linking to any other pages on other sites is at your own risk. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites and should not be attributed to Leap4Life. Leap4Life has not attempted to verify the truth or accuracy of any such opinion, claim, or comment, nor do we endorse or support them. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, or other content that is outside of our control.
VII. Your Account and Use of Leap4Life
If you elect to become a registered user of the Website, which is voluntary, you agree that:
A. You will honor the posted rules of the website, including the Conduct Rules, below, which apply to your comments that may be visible to other users, including on the Website, on Facebook and Twitter, and via email. You promise to conduct yourself always according to the law, and also according to all Leap4Life rules, and to refrain from using crude or otherwise inappropriate language and from harassing or bothering other users.
B. You will provide accurate and complete registration information when you register to use Leap4Life, and to provide updates as necessary to keep your registration information accurate. Without limiting any other provision of this Services Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or Leap4Life has reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sub-license your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
C. You are responsible for the security of your passwords and for any use of your account. You must immediately notify Leap4Life of any unauthorized use of your password or account.
D. Your use of Leap4Life and any Content and/or services must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use Leap4Life.
E. You may be disqualified from any or all Leap4Life events or challenges (without a refund of any earned prizes) for any one of the following reasons:
· Fraud / Cheating. Fraudulent conduct (i.e., cheating) is prohibited, including but not limited to dishonest activity or performance recording, falsification of activity tracking data (yours or anyone else’s), any other action or omission on your part or on your behalf that causes your Leap4Life record or anyone else’s Leap4Life record to reflect something other than actual steps, distance, caloric burn, or any conduct that gives you or anyone else an unfair advantage in the events or challenges on the Leap4Life website. The concepts of fraud, dishonesty, falsification and unfairness shall be construed broadly to include any conduct or omission that, in Leap4Life’s sole and exclusive discretion, would be considered unfair by an ordinary person.
· LEAP4LIFE is meant to be a platform that encourages members to stay active in a healthy and responsible way. Therefore, we cannot award activity that is unrealistic and conflicts with our core values. Member accounts that exceed an average of 10 hours a day of “active minutes” for an extended period of time will be immediately disabled without notice or warning. We will continue to monitor accounts and adjust accordingly if necessary.
· Violating Any of the Rules, which are hereby incorporated by reference and made a part of this Services Agreement.
· Unethical or Suspicious Activity. Unethical (i.e., dishonest) conduct and suspicious conduct (i.e., conduct that causes the appearance of impropriety) are prohibited, unless Leap4Life is able to rule out fraud. The burden of proof to rule out fraud is entirely on the part of the member. Suspicious conduct includes, but is not limited to, the following: (a) getting caught in a lie with respect to one or more transmission of activity data; (b) any dishonesty in communicating with Leap4Life or a verifier or another Leap4Life member or anyone else; (c) rapid increase in activity within Leap4Life events and/or challenges; (d) unusual activity data; (e) dishonest or suspicious comments on social media and/or email and/or elsewhere; (f) physically unhealthy practices, such as those described in the Rules; (g) any other conduct that, in Leap4Life’s sole and exclusive judgment, would cause an ordinary onlooker to question the authenticity of a participant’s or a team’s success.
F. Leap4Life Referees Have Final Say. You agree that Leap4Life referees act as fair and impartial referees for the individual and team events and challenges.
Participants accept and agree that Leap4Life is each event’s and challenge's final referee and arbiter and that Leap4Life has sole and exclusive discretion in applying the Rules, making any necessary disqualifications and determining the winners. Any individual or team that has been disqualified is not eligible to win any of the FitWell points or prizes and is not entitled to any refund of any non-redeemed FitWell points, if any.
You covenant and agree that Leap4Life has sole and exclusive discretion to determine whether you have won FitWell points for any event and/or any other challenge offered by Leap4Life, and that Leap4Life is under no obligation to demonstrate reasonableness, or otherwise demonstrate how it determined winning status.
G. Take Responsibility for Your Team. If you’re participating in a team event or challenge, Leap4Life will assist to help you find a team, but you are ultimately responsible for your team. Even if Leap4Life helps you put together your team, you are ultimately responsible for your team’s commitment, success and rules abidance. You will not receive a refund, prizes, consolations or a rank if anyone on your team breaks any rule.
VIII. Conduct Rules & Release
Leap4Life enables you to share content with other users (and vice-versa), but you must follow the rules outlined here – Leap4Life has a zero tolerance policy with respect to objectionable Content. Any and all Content posted to or emailed in connection with Leap4Life’s web, mobile and tablet apps, whether posted at our request or spontaneously, and whether publicly or privately transmitted (collectively, the "Postings") are subject to these rules. You agree not to use the Website to:
A. Impersonate any person or entity, including, but not limited to any representative of or any other person or entity, or misrepresent your affiliation with Leap4Life or any other person or entity;
B. Transmit any Postings or other materials that are intended to be---or are in fact---harassing, defamatory, libelous, tortious, vulgar, harmful, libelous, invasive of another's privacy, hateful (or which might reasonably be interpreted as hateful), or that might incite fear, violence, unlawful conduct or harm of any kind;
C. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
D. Forge headers or otherwise manipulate technology in order to disguise any Postings or other materials transmitted via the Website;
E. Transmit any Postings or other materials that are not your own, or that you do not have a right to transmit under any law or contractual or legal duty;
F. Transmit any Postings or other materials that infringe upon any intellectual property right or any other proprietary rights of any party;
G. Interfere with this Website or any of the hardware or software that support it, including servers and networks connected to this Website, or disobey any rules, policies or regulations of networks connected to the Website;
H. Violate, intentionally or otherwise, any law or government regulation; or
I. Transmit any unauthorized advertising, marketing or promotional Postings or other materials, including "junk mail" or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
J. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords; or
K. Access or attempt to access information about other users, or about Leap4Life or its employees or affiliates or other private information, other than information that is made available to you by Leap4Life. To that end, you agree not to solicit, or otherwise collect (or attempt to solicit or collect) personal data about the Website’s other users, including usernames and passwords. You also promise not to post any information about any other user without first obtaining such user’s consent.
Although Leap4Life has adopted these Conduct Rules for the users of our Website, we do not control the Postings made by others and, as such, Leap4Life do not make any guarantees with respect to Postings or the behavior of others. You understand that by using Leap4LIfe, you may be exposed to Postings that are false, inaccurate, and/or objectionable. Under no circumstances will Leap4Life be liable in any way for any Postings (other than for Content developed by Leap4Life), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings. You hereby acknowledge that Postings are the sole responsibility of the person who made such Postings.
Leap4Life may revoke your privileges to use Leap4Life and/or take any other appropriate measures to enforce these Conduct Rules, if we become aware of violations.
We reserve the right to monitor some, all, or no areas of Leap4Life for adherence to these Conduct Rules or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings, Leap4Life acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings, nor do we endorse any such Postings. Although Leap4Life reserves the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings. Leap4Life is not responsible for maintaining a copy of any material we remove from our Website, and we are not liable for any loss you incur in the event that Content you post or transmit to Leap4Life has been removed.
IX. Content That You Submit to Leap4Life
If you send, fax, email, post or otherwise transmit to Leap4Life or the Website any Content, including but not limited to your name, photos or success stories (collectively, the "Submissions"), whether Leap4Life requests the Submissions or you submit them completely spontaneously or you submit them for any other reason, you grant Leap4Life and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that Leap4Life and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce, for personal use, any Submission that you have made available. Subject to the foregoing, the owner of a Submission placed on this Website retains any and all Rights that may exist in such Submission. None of the Submissions shall be subject to any obligation of confidence on our part, and Leap4Life shall not be liable for any use or publication of any Submissions.
X. Website Changes
In Leap4Life’s sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice.
XI. Other Websites
This Services Agreement applies only to this Website, and not to the websites of any other person or entity. Leap4Life may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that Leap4Life is not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will Leap4Life be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
XII. Changes to this Agreement
Leap4Life may occasionally update this Services Agreement and/or the challenge-specific rules. When we do, Leap4Life will also revise the "last modified" date at the top of this document or the respective challenge rules document. Leap4Life encourages you to review these terms of service periodically. Your continued use of Leap4Life constitutes your agreement to the changed terms of service.
You agree to indemnify, hold harmless and, at Leap4Life’s option, to defend Leap4Life and its affiliates, and their officers, directors, employees, stockholders, agents and representatives from and against any claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) your use of Leap4Life or the Content or Leap4Life’s products or offerings; (b) your noncompliance with this Services Agreement; and/or (c) any third-party actions related to or arising from your receipt or use of Leap4Life or the Content or Leap4Life’s products or offerings, whether authorized or unauthorized under the Services Agreement.
XIV. Exclusion of Warranties
LEAP4LIFE AND THE CONTENT AND SERVICES ARE PROVIDED "AS IS." NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS. LEAP4LIFE AND THE CONTENT AND SERVICES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING LEAP4LIFE AND THE CONTENT OR SERVICES WHEN USED IN ANY OTHER COUNTRY.
NEITHER LEAP4LIFE NOR ANY OF OUR LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY SERVICES, CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. NEITHER LEAP4LIFE NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR CONTENT ON THIS WEBSITE IN TERMS OF RELIABILITY, ACCURACY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED FROM OUR STAFF OR ANYONE ELSE THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS SERVICES AGREEMENT.
XV. Liability Waiver and Limitation of Our Liability
User understands that there are certain dangers inherent to any physical activity or wellness program, including an activity-based event or challenge, and USER AGREES TO ASSUME ALL RISKS and promises to hold harmless and not to sue Leap4LIfe or any of its affiliates, owners, directors, employees, vendors, clients or partners for any claim, loss or liability that User may have arising out of the User’s use of or association with Leap4Life and/or its Services. You must be free of any health condition that would make participation unhealthy or otherwise unwise, and you must be reasonably certain that you are capable of participating in and completing the events and challenges without compromising your health in any way. By using Leap4Life and/or participating in any of Leap4Life's Services, User acknowledges and promises that he/she has complied with these requirements.
XVI. Licensed Content
Certain Content is licensed from third-parties. The licenses for some of this Content contain additional terms for which you are responsible.
Leap4Life makes no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider Leap4Life (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and Leap4Life will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
XVII. Miscellaneous Legal Provisions
This Services Agreement, together with the rules for each individual Service (links to those respective rules are located at the top of this document) and any additional Leap4Life Terms & Conditions, constitute the entire agreement between you and Leap4Life relating to the Website, the Content and the Services. The Services Agreement replaces any other prior agreements.
Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
Attorney’s fees and other costs. User shall indemnify, save, defend, and hold Leap4Life harmless from any loss, cost, expense, or liability, including fees of accountants, attorneys, consultants, and expert witnesses reasonably incurred in defending or enforcing Leap4Life's rights in connection with this Agreement or otherwise relating to the relationship between user and Leap4Life, regardless of whether they are incurred before, during, or after any litigation or other dispute resolution procedure, and regardless of whether they relate to issues arising out of contract, tort, bankruptcy, or some other area of law.
If any provision of this Services Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the rest of the Services Agreement.
This Services Agreement may be modified only by Leap4Life posting of changes on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.
Leap4Life may assign our rights and obligations under this Services Agreement. This Services Agreement will inure to the benefit of Leap4Life successors, assigns and licensees.
Except where prohibited by law, as a condition of (a) using this website and/or (b) participating in any Leap4Life Service or program, participant agrees that: (1) any and all disputes and causes of action arising out of or connected with (a) this Agreement, including the breach, termination or validity thereof, and/or (b) the participant's use of the website and/or (c) participant's participation in one or more Leap4Life programs, or any prizes awarded in connection therewith, and/or (d) the relationship between the user and Leap4Life, shall be resolved individually, without resort to any form of class action, and exclusively by a sole arbitrator in a binding, non-reviewable and non-appealable proceeding. Under no circumstances will participant be permitted to obtain awards for, andparticipant hereby waives, to the extent permitted by law, all rights to claim statutory, punitive, incidental, invasion of privacy or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses, and participant further waives all rights to have damages multiplied or increased.The law applicable to our Services Agreement and to disputes arising out of your use of Our Services is the law of the State of California, United States of America. You irrevocably submit to the exclusive jurisdiction of the State or Federal courts of central California, United States of America for any dispute arising out of or in any way related to Our Services, your use of Our Services.