Please read these Terms and conditions carefully.
By using LeapMaker site(s) or by signing up for an account, you’re agreeing to these Terms. This is a legal agreement. LeapMaker (“LeapMaker”, the “Service(s)”, or the "Website") is an Arizona limited liability corporation (“LeapMaker,” “we,” or “us”). As a customer of LeapMaker's Services or a representative of an entity that’s a customer of the Service(s), you’re a “Member” according to this agreement (or “you”).
These Terms of Use (“Terms,” including our Privacy Policy.) define the terms and conditions under which you’re allowed to use LeapMaker's service(s), and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.
In order to use the service(s), you must provide true, complete, and up to date contact information.
By using LeapMaker's service(s), you represent and warrant that you meet the requirement listed above, and that you won’t use the service(s) in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) LeapMaker may refuse service, close accounts of any users, and change eligibility requirements at any time.
Term
The Term begins when you access a service provided by LeapMaker and continues as long as you use the Service. Clicking the button and entering your email address means that you’ve officially “signed” the Terms. If you sign up for LeapMaker's service(s) on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
Closing Your Account
You or LeapMaker may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment or reimburse you for unused Credits. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t utilize our service(s) for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
Changes
We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of LeapMaker service(s). We may change the Website, the Service, or any features of the Service(s) at any time.
Account and Password
You’re responsible for keeping your account name, password, email address, and personal information confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
Account Disputes
We don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide LeapMaker (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets according to our Brand Guidelines.
Proprietary Rights Owned by You
You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.
Privacy Policy
We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.
You promise to follow these rules
You won’t use fabricated, purchased, rented, or third-party email addresses of you do not have the right(s) to. You won’t violate our Acceptable Use Policy, which is part of this Agreement. If you use our API, you’ll comply with our API Use Policy.LeapMaker does not allow accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account that we determine, in our sole discretion, contains either of the following:
A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others. Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
- An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm.
- A person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm.
- A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
If you violate any of these rules, then we may suspend or terminate your account.
Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from LeapMaker or a LeapMaker member, please report it. If you think anyone has posted material that violates any copyrights, then you can notify us according to our Copyright Policy.
Bandwidth Abuse/Throttling
You may only use our bandwidth as specified by the service of which you are a member of. You may not host images on our servers for anything not specified in an agreement. We may throttle your utilization of our service(s) or connection through our API at our discretion.
Notice to U.S. Government End Users
The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
only as Commercial Items, with the same rights as all other end users, and according to the Terms
Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is LeapMaker LLC, 935 E SOuth Mountain Ave, Phoenix AZ 85042.
Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
Severability
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
Interpretation
The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
These Terms, our Privacy Policy, Limitations of Liability, API Guidelines (all of which are incorporated into these Terms by reference), and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.