Effective as from May 13, 2014
To be eligible to use the Services, you must be at least 18 years old (or at least 13 years old and have your parent or guardian agree to this Agreement) and have the legal capacity to contract. If you’re eligible, it’s important that you understand that (i) just by using the Services you (or the parent or guardian) conclude a legally binding contract with Leapset based on the Agreement terms and (ii) this contract contains an arbitration provision (described below) which limits your rights to a class action lawsuit in the event of a dispute.
Prohibitions. Certain uses related to the Services are just not allowed. If the use negatively affects Leapset’s ability to realize revenue to compete in the marketplace or materially and negatively affects other Leapset users or merchants, we probably prohibit it. Most importantly, you may not access or scrape any Services data or material and incorporate it into a separate database, archive/cache, etc. and you also may not modify, resell, reverse engineer, license, or create derivative works from, any content or software obtained from the Services without Leapset’s permission. In addition, you promise not to do the following:
Some aspects of the Services now or in the future may enable you to submit content, such as merchant reviews, images, postings, and any other interactive service, including postings of other users to your account and data drawn from third party services (such as Facebook, etc.), to Leapset in connection with the Services or promotion thereof (collectively, “User Media”). User Media is intended to enhance the experience of the Services, however, should not be understood as to be endorsed by or necessarily represent the views of Leapset. Leapset disclaims any duty to review or modify User Media and any responsibility for either the effects of harmful files, such as malware, that may be contained in such User Media, or for conduct by users in connection with User Media. Nonetheless, Leapset (without promising to do so) may decide it is in Leapset’s best interests to block, remove, modify, or simply not post User Media for any reason at any time and may not notify you if it does so.
If you do decide to submit User Media, you hereby promise to have the right to provide such User Media, which means:
and you further agree not to submit any User Media that:
By uploading your User Media, you agree to indemnify the Leapset Entities from all claims resulting from your User Media. If you feel that User Media should be removed, please let us know, but ultimately it will be Leapset’s decision (subject to any countervailing laws) on whether to take any action related to your request.
From time to time the Services may offer you opportunities to participate in contests, coupons, discounts or promotional sales being offered by Leapset or its partner merchants (each a “Special Promotion”). Special Promotions may, for example, offer a meal discount or a free drink when ordering a sandwich. When the Special Promotion is being offered by the partner merchant, Leapset is simply the service provider for the merchant identified with any such Special Promotions and accordingly, the merchant alone is the seller and offeror of Special Promotions and is solely responsible for redeeming any sale you purchase.
Please note that Special Promotions (unless expressly stated to the contrary in the terms of the Special Promotion) are (i) available for only a limited time and thus may expire prior to you being able to take advantage of the Special Promotion, (ii) only applicable to qualifying items and qualifying (e.g., minimum) purchase requirements, (iii) not transferrable or combinable with other offers, and (iv) void where prohibited and thus may not be available to users in certain locations. Further, for each Special Promotion Leapset reserves the right to modify and limit its conditions, including the relevant offer period, at any time except as limited by applicable law.
Leapset makes it easier for you to connect with other Leapset users and buy from or link to third parties (entities other than Leapset Entities) that offer goods or services through the Services. However, Leapset cannot uniformly endorse any such third parties (including merchants and advertisers) and may not monitor your dealings with them and such dealings are solely between you and such individuals or entities and at your own risk. You should conduct any diligence you feel necessary before engaging online or offline with any of these third parties. Note that participating third parties may pay Leapset to be promoted on the Services or to have their respective product or service offering(s) placed higher in search results and may also purchase research or other services from Leapset.
In addition to assuming the risk when engaging with third parties, in the event that you have a dispute with any third party (such as a merchant) offering goods or services via the Services, you release and discharge (permanently, with no take-backs) Leapset and its parent and subsidiary affiliates from all past, present and future claims and damages arising out of any such disputes. If you are a California resident, you waive protection under §1542 of the California Civil Code which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You also waive any protection that may exist under any comparable or similar statutes or principles of common law applicable in states other than California.
Use of the Services may require registration and/or creation of an account with Leapset (either by registering directly or by allowing a Leapset application to connect through your third party account) in order to publish content on the Services or obtain access to certain services, including Promotional Sales (described below). If you choose to create an account or Leapset profile, you promise to provide accurate, complete registration information, and to keep that information up-to-date if it changes. When you register, you may obtain log-in and password credentials (a “User ID”).
If you register for an account, you must (i) maintain the security of your User ID, (ii) accept full responsibility for all activities that occur under your User ID, and (iii) notify Leapset immediately if you become aware that your User ID is being used without authorization. Leapset will not be liable for any damage of any kind arising from or relating to any acts or omissions by you or someone else using your User ID.
As part of our process of continuously improving Leapset, we may, in our discretion, retire or enable Services functionality, alter the terms of engagement with our users, or otherwise make changes to the Services or the Agreement. Although we may not always provide notice when making changes (especially when the nature of the changes (such as new fees or charges) constructively conveys notice of the change), by continuing to use the Service after those changes are made, you always express and acknowledge your acceptance of the changes. If you object to any such changes, your sole recourse shall be to cease using the Services. Accordingly, continued use of the Services (by, for example, visiting the Site or a Leapset app and using the functionality of those services) following any such changes shall, as applicable, indicate your acknowledgment and acceptance of the changed Services or confirm that you have read, accepted, and agreed to be bound by the modifications to the Agreement.
While Leapset may modify or terminate the Services or the Agreement (including any policies and terms described in Section 8 entitled, "How Other Policies Form this Agreement") with any particular user, at any time, for any reason, and Leapset will have no liability to you for any such modification or termination, please note that any such modifications to the Agreement, (i) will not, to the extent required by law, apply retroactively to events that occurred prior to date of the modifications and (ii) in the case of modifications that by their nature require notice to users under law, be effective until such notice is provided (by posting on this web site, email to you or otherwise as the circumstances reasonably make necessary).
Infringement Policy. Leapset’s infringement policy sets forth its compliance program related to copyright infringement. The program enables owners of intellectual property rights that have a good faith belief that User Media uploaded into the Services infringes their copyright, trademark or other intellectual property rights to notify our compliance team by delivering a written notice. Leapset may terminate its Agreement with any user who infringes third-party copyright rights. Please click here for Leapset’s Infringement Policy.
Return Policy. Leapset’s return policy is this: If there are problems with an order with a merchant promoted on any Service, please contact the merchant directly as the merchant not Leapset is solely liable for pricing and fulfilling any orders; provided, however, that in the case of problems with a charge to your credit card by Leapset (and not a merchant or other third party), please notify us at firstname.lastname@example.org within seven days to report the problem.
Leapset Wallet Agreement. Leapset Wallet is a Service that may be available to you at participating Leapset restaurants. Please refer to the Leapset Wallet Consumer Terms and Conditions for more information about the terms, conditions and policies, which are incorporated herein by reference, that apply to the use of Leapset Wallet.
Leapset’s Ownership of the Services. The Site and Services and the content residing thereon is owned by Leapset or its affiliates or partners. Such content includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Content”). The Content is subject to copyright, trademark and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to Leapset or the Services shall, as between you and Leapset, at all times be and remain the sole and exclusive property of Leapset, its affiliates or its supplier and licensor partners.
Initiating a Claim. We want our users to have an excellent experience so we encourage you to contact our customer support team if you have concerns with respect to the operation of the Services or Leapset. If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved by the processes set forth in this Section.
Binding Arbitration. ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING. Any unresolved dispute or claim between you and Leapset or its indirect or direct subsidiary, parent or affiliate companies or any of their employees, officers, directors, and agents (collectively, the “Leapset Entities”) arising out of, relating to, or connected in any way with the Agreement (defined below) or the Services (including the Site and third party products or services supported or facilitated by the Services such as the Leapset Wallet) whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory will be resolved exclusively by binding arbitration unless (i) the claim qualifies for a small claims court hearing and the complaining party wishes to file in small claims court, or (ii) the claim relates solely to the collection of debts owed by you to a Leapset Entity and the Leapset Entity or you opts to pursue the claim in court. Even for a claim that may be brought to court, you waive (a) any right to trial by jury, (b) any claims for punitive damages and (c) any right to pursue claims on a class or representative basis (including consolidated claims involving another person’s account). You also agree not to participate in claims brought in a private attorney general capacity if Leapset is a party to the proceeding.
Waiver of Class Actions. If any part of this arbitration section is deemed by a court to be invalid, then the remainder will remain in full force and effect. If the arbitration section is deemed inapplicable or invalid, each party waives, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Claims Are Time-Barred. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Services or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
The provisions of this sub-section, titled “Claims Are Time-Barred” shall be deemed to constitute a separate written legally binding agreement by and between you and us.
This Section may be laborious to read but it is an essential part of the understanding between Leapset and you. Leapset’s ability to make the kind of services it makes available to its consumer users depends on structuring the engagement on terms that meet Leapset’s internal risk tolerance requirements. While we are sympathetic if you cannot agree to any of the Agreement, including the terms in this Section, you may not use the Services if you make that decision. In that event, however, we want to hear from you, so please contact us at email@example.com if you find the Agreement prohibitively restrictive.
Disclaimer. Leapset attempts to be as accurate as possible when delivering the Services and describing the Services and product and services made available through the Services, but neither Leapset, its affiliates nor any of their respective agents, merchants, third-party partners or licensors warrant that the Services or any information on the Services, such as descriptions, prices, product/service availability, parking accessibility and other content, is accurate, complete reliable, current or error free.
THE SERVICES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEAPSET HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THOSE OF NONINFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. Neither the Leapset Entities nor of any of their officers, directors, employees or agents shall be liable for any damages of any kind, including but not limited to, direct or indirect damages, consequential damages, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence) or otherwise, arising out of or in any way connected with the Agreement or the use of, or inability to use, or any errors, omissions, or other inaccuracies in, the Services (including the Site and third party products or services such as the Leapset Wallet supported or facilitated by the Services) or content contained on, or accessed through, the Services, even if Leapset has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Leapset’s liability shall be limited to the extent permitted by law.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LEAPSET AND YOU.
Special Notice for California Users. Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or you may contact us at firstname.lastname@example.org or at:
101 Redwood Shores Pkwy Suite 200
Redwood City, California 94065 USA
Attention: Legal Counsel