Leap Forward Technology, LLC: Terms of Service
Leap Forward Technology, LLC ("LFT") values your privacy. LFT has created this Privacy Policy to demonstrate our commitment to protecting your privacy and to disclose our information and privacy practices for its services. We reserve the right to change this Policy and will notify you of such changes via email or our website. If you have questions or concerns regarding this Privacy Policy, you may contact us at here.
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ACCEPTANCE OF TERMS
LFT provides its service to you, subject
to the following Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you. You can review the most current version
of the TOS at any time at: http://www.leapforwardtechnology.com/tos.shtml
or request a copy from us.
DESCRIPTION OF SERVICE
LFT currently provides organizations and
teams with access to a rich collection of web based applications (the "Service").
You understand and agree that the Service may include advertisements. Unless explicitly
stated otherwise, any new features that augment or enhance the current Service,
shall be subject to the TOS. You are responsible for obtaining access to the Service
and that access may involve third party fees (such as Internet service provider
or airtime charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition, you must
provide and are responsible for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service,
you agree to maintain and promptly update your organization and billing contact's
registration data like email, phone number and postal address.
PRIVACY POLICY
Your information on LFT is subject to privacy policy. Our privacy policy is available
at: http://www.leapforwardtechnology.com/privacy.shtml
ACCOUNT, PASSWORD AND
SECURITY
You are responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify LFT of any unauthorized
use of your password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. LFT cannot and will
not be liable for any loss or damage arising from your failure to comply with
this Section 5.
MEMBER CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages or other materials
("Content"), are the sole responsibility of the person from which such Content
originated. This means that you, and not LFT, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make available via
the Service. LFT does not control the Content posted via the Service. Under no
circumstances will LFT be liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service. You agree to not use the Service
to:
- upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
- upload, post, email,
transmit or otherwise make available any Content that you do not have a right
to make available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
- upload, post, email, transmit or otherwise
make available any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation;
- upload, post, email, transmit or otherwise make available 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;
- disrupt the normal flow of or
otherwise act in a manner that negatively affects other users' ability to engage
in real time exchanges;
- interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service;
- intentionally or unintentionally
violate any applicable local, state, national or international law and any regulations
having the force of law;
You acknowledge and agree that LFT may disclose Content
if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of LFT, its users
and the public.
INDEMNITY
You agree to indemnify and hold LFT, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the Service, your
connection to the Service, your violation of the TOS, or your violation of any
rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any portion of the proprietary Software within this
Service, use of the Service, or access to the Service.
TERMINATION
You agree
that LFT, in its sole discretion, may terminate your password, account (or any
part thereof) or use of the Service, and remove and discard any Content within
the Service, for any reason, or if LFT believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. LFT may also in its sole
discretion and at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice, and acknowledge
and agree that LFT may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such files
or the Service. Further, you agree that LFT shall not be liable to you or any
third-party for any termination of your access to the Service.
DEALINGS WITH
ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and such
advertiser. You agree that LFT shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
LINKS
The Service may
provide, or third parties may provide, links to other World Wide Web sites or
resources. Because LFT has no control over such sites and resources, you acknowledge
and agree that LFT is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that LFT shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
PROPRIETARY RIGHTS OF LEAP
FORWARD TECHNOLOGY
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") may
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers
may be protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized
by LFT, advertisers, and/or by another third party Open Source
Licences you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software,
in whole or in part. LFT grants you a personal, non-transferable
and non-exclusive right and license to use the object code of
its proprietary Software on a single computer; provided that you
do not (and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in
the Software. You agree not to modify the LFT proprietary Software
in any manner or form, or to use modified versions of the LFT
proprietary Software, including (without limitation) for the purpose
of obtaining unauthorized access to the Service. You agree not
to access the Service by any means other than through the interface
that is provided by LFT for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LEAP FORWARD TECHNOLOGY, LLC EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. c. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM LEAP FORWARD TECHNOLOGY, LLC OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEAP FORWARD TECHNOLOGY, LLC SHALL NOT BE LIABLE FOR ANY DIRECT,
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 LEAP FORWARD TECHNOLOGY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND
LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY
TO YOU.
NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you on the Service.
COPYRIGHTS and
COPYRIGHT AGENTS
LFT respects the intellectual property of others, and we ask
our users to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please contact LFT.
GENERAL INFORMATION
The
TOS constitute the entire agreement between you and LFT and govern your use of
the Service, superceding any prior agreements between you and LFT. You also may
be subject to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. You and LFT agree to submit
to the personal and exclusive jurisdiction of the courts of LFT's choice. The
failure of LFT to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any provision of the TOS
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 TOS remain in full
force and effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the TOS are for convenience
only and have no legal or contractual effect.
VIOLATIONS
Please report any
violations of the TOS to LFT.
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