Terms of Service

Last Updated: November 26, 2012

The following terms and conditions (the "Terms of Use") govern your use of Leapset.com (the "Site") and any (if any) related services and products of Leapset, Inc. ("Leapset," "we," "us" or "our"), including certain mobile applications (collectively, the "Service") that reference these Terms of Use. The term "you" shall refer to any person or entity who uses the Service.

BY USING THE SERVICE, YOU AGREE TO THE TERMS OF USE AND CONCLUDE A LEGALLY BINDING CONTRACT WITH LEAPSET.

You must be at least 18 years old to be eligible to use the Service. However, if you are at least 13 years old but not yet 18, you may use the Service in conjunction with your parent or guardian who agrees to this Agreement.

I. CONDITIONAL USE RIGHTS.

Scope. Leapset grants you revocable permission to use the Service and to download, email, and share via social media the Service on the condition that such use is personal and non-commercial, you do not remove any trademark, copyright or other notices, and with the understanding that any rights not expressly granted herein are reserved.

User Prohibitions. No material from the Service may be incorporated in any database, compilation, archive or cache and you may not modify, resell, license, or create derivative works from, any content or software obtained from the Service without Leapset’s permission. In addition, you warrant not to do any of the following:

• Use the Service to generate spam.
• Provide Leapset with false or incorrect contact information, whether or not intentional.
• Abuse, threaten, slander, or otherwise harm in any way any merchant promoted on the Service or any Leapset member, employee, or other person connected to Leapset.
• Use the Service in contravention of any laws in your jurisdiction, whether or not intentional.
• Use the Service to purchase alcohol unless you and the alcohol recipient are age 21 or older.
• Modify or otherwise corrupt the functionality of the Service.

Assumption of Risks and Release. Your dealings with other members on the Service or third parties (including merchants and advertisers) are solely between you and such individuals or entities. You should conduct any diligence you feel necessary before engaging online or offline with any of these third parties. You acknowledge that Leapset does not sell or license any consumer products nor is Leapset acting as an agent of sale for such products but rather is making it easier for you to buy from the third parties that choose to offer goods or services through the Service and further that participating merchants and other third parties may pay Leapset to be promoted on the Service 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, in the event that you have a dispute with any third party (such as a merchant) offering goods or services via the Service, you hereby irrevocably release and discharge Leapset (and its agents) 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.

II. SITE AND SERVICE USER MEDIA.

Nature of User Media. The Service may allow you and others to post or otherwise submit user generated content, including merchant reviews, blog entries and any other interactive service, to the Service (collectively, "User Media"). You agree not to submit any User Media that:

• contains viruses, malware or other harmful files;
• is defamatory, false, or violates the privacy or publicity rights of any third party;
• unfairly interferes with any third party's use and enjoyment of the Service;
• is intended primarily to promote a cause (political, religious or other);
• contains vulgar language or expressions of discrimination or hate;
• contains copyrighted content without the permission of the owner (or otherwise infringes on a third party’s intellectual property);
• constitutes or encourages illegal acts under any local, state, national or international law;
• harms minors in any way; and/or
• does not comply with these Terms of Use.

User Representations and Warranties. For each submission of User Media, you warrant that you have the right to provide such User Media, which means:

• you authored the User Media, or
• the User Media is not protected by copyright law, or
• you have express permission from the copyright owner to use the User Media in connection with the Service; and
• you have the right to grant Leapset the license set out in these Terms of Use;
• for User Media that reviews merchants, you have had first hand experience with the subject merchant; and
• your use of the Service and User Media does not violate these Terms of Use.

Disclaimer of Responsibility. User Media is not endorsed by and does not represent the views of Leapset. Leapset does not control User Media and disclaims (i) any duty to review, remove, or edit User Media, (ii) any responsibility for the effects of harmful files, such as malware, that may be contained in such User Media, or (iii) any responsibility for conduct by users in connection with User Media or that violates these Terms of Use. In addition, although we attempt to be as accurate as possible when describing the Service and product and services made available through the Service, to the extent permitted by applicable law, we do not warrant that descriptions, prices, product/service availability, parking accessibility and other content available on or via the Service is accurate, complete reliable, current or error free.

Review & Removal of User Media. Leapset reserves the right (but disclaims any duty) to review, refuse to post, remove, or edit (at any time and without prior notice) User Media for any reason it its sole discretion. You may contact Leapset to request removal of User Media, however, Leapset disclaims any duty to comply with such request except as specifically outlined in this paragraph.

III. ACCOUNT, PASSWORD AND SECURITY.

Use of the Service 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 Service or obtain access to certain services, including Promotional Sales. If you choose to create an account or Leapset profile, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in and password credentials (a “User ID”). You are responsible for maintaining the security of your User ID and you are fully responsible for all activities that occur under your User ID. You agree to 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.

IV. USE OF PROMOTIONAL SALES.

Leapset is a service provider for the merchant identified with any coupon or promotional sale (each a “Promotional Sale”) and the merchant is the sole issuer of the Promotional Sale. The merchant, not Leapset, is the seller and offeror of any such Promotional Sale and is solely responsible for redeeming any sale you purchase. Promotional Sales are (i) valid for a limited time only, (ii) only applicable to qualifying items, (iii) subject to minimum purchase requirements, (iv) not transferrable or combinable with other offers, and (v) void where prohibited and with respect to each Promotional Sale Leapset reserves the right to modify and limit its conditions, including the relevant offer period, at any time except as limited by applicable law.

V. MODIFIED TERMS.

Leapset may modify the Terms of Use and/or our Privacy Policy and any related policies at any time without actual notice. You agree that each visit you make to the Site or Service shall be subject to the then-current Terms of Use and Privacy Policy, and continued use of the Service now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications. In the event that changes include the adding of certain material fees or charges, such changes will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice on the Service, provided that these changes will not apply to purchases made in connection with the Service prior to the effective date of such changes and notice is not required when the nature of new fees, charges or related functionality of the Service constructively conveys notice of the change.

VI. TERMINATION OF SERVICES.

Leapset reserves the right to terminate the Service, these Terms of Use, or services with any particular user, at any time, for any reason. In the event of any termination, you will immediately cease accessing the Site and Service.

VII. PRIVACY, INFRINGEMENT AND RETURN POLICIES.

Privacy Policy. You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties under certain conditions. If you use the Service outside of the United States, you consent to having your personal data transferred to and processed in the United States.

Infringement Policy. Leapset reserves the right to terminate its agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to Leapset by the copyright owner or the copyright owner’s legal agent. Please see our Infringement Policy for information about copyright and trademark disputes.

Return Policy. Leapset is serious about customer satisfaction. If there are problems with an order with a merchant promoted on this Service, please contact the merchant directly. In the case of problems with a Leapset charge to your credit card, contact us within seven days to request a full or partial refund. Leapset will perform a review of order history for evidence of fraud prior to issuing refunds.

VIII. THIRD PARTIES.

The Service may include links to other websites or applications (each a "Third Party Site"). Leapset does not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

IX. INTELLECTUAL PROPERTY.

Ownership by Leapset. The content on the Site and Service, excluding all intellectual property of other sites obtained by way of API and linking and User Media, is owned by Leapset. This 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 owned or licensed to Leapset, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions.

Leapset and its licensors retain ownership of all intellectual property rights of any kind related to the Site and Service, including applicable copyrights, trademarks and other proprietary rights. Leapset does not grant any license to you under any of those rights by virtue of these Terms of Use, except for the conditional right to use the Service subject to the Terms of Use, especially the “User Prohibitions” described in Section 1. Leapset is our trademark and other product and company names that are mentioned on the Site or provided as part of the Service may be trademarked. We reserve all rights that are not expressly granted to you herein.

User's Grant of Limited License. You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in User Media that you submit or send to the Service; however, you grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, modify, and distribute the User Media or communication alone or as part of other works in any form, without territorial or time limitations, and to sublicense such rights. You also grant Leapset the right to use any information, including personal information, included with any User Media in connection with the use or distribution of such User Media. You also grant Leapset the right to use the User Media and any facts or concepts contained in such User Media for any purpose, including developing and promoting products and services. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any User Media or part thereof, or other communication to us.

X.MISCELLANEOUS.

Electronic Communication. You consent to receive by electronic means these Terms of Use and any disclosures required to be given by applicable law. You further allow Leapset to respond to any inquiries via email, regardless of the format of the original inquiry. In addition, you consent to an "E-Sign Consent" whereby your electronic signature on documents has the same effect as if you signed them in ink. This E-Sign Consent applies to all future disclosures on your account and all future transactions in which you use the Service.

Disclaimer. USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE SERVICE IS AT USER’S SOLE RISK.

NEITHER LEAPSET, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE AGENTS, MERCHANTS, THIRD-PARTY PROVIDERS OR LICENSORS, WARRANT THAT USE OF THE SERVICE WILL BE ERROR FREE.

THE SERVICE IS 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 TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SERVICE . Neither Leapset nor its affiliates, officers, directors, employees or agents shall be liable for any damages of any kind, including but not limited to, 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 use of, or inability to use, or any errors, omissions, or other inaccuracies in, the Service or content contained on, or accessed through, the Service, 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.

Indemnification. You agree to defend, indemnify, and hold harmless Leapset and its affiliates, employees, officers, directors, and agents, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising in any way from your use or misuse of the Service, including your interaction with any entity that advertises or promotes offers on the Service, your violation of any term of these Terms of Use, your violation of any third party right, including any copyright, property, or privacy right, or any claim that User Media you provided causes damage to a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

Applicable Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law principles to the contrary. In agreeing to these Terms of Use, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only the state and federal courts residing in Santa Clara County in the State of California. Any dispute relating in any way to your visit to the Service shall at Leapset’s discretion be submitted to confidential arbitration in California.

Assignment. You agree that the Terms of Use and all agreements and information incorporated herein may be automatically assigned by Leapset, in its sole discretion, to a third party. You may not assign your obligations to another entity.

Agreement Enforceability. These Terms of Use, and any other policies, terms, and conditions explicitly referenced and incorporated herein, including the Privacy Policy and Infringement Policy, as amended from time to time, constitute the entire Agreement (the"Agreement") between you and Leapset. The failure of Leapset to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Last Updated: April 20 , 2012

This Privacy Policy (the "Policy") describes the privacy practices of Leapset, Inc. ("Leapset", "we" or "us") with respect to information collected from users of Leapset.com (the "Site") and any related services and products of Leapset, including certain mobile applications (collectively, the "Service") that reference the Policy, and how we collect, retain, use and share it.

BY ACCESSING THE SITE OR SERVICE YOU AGREE TO BE BOUND TO ALL THE TERMS OF THIS POLICY.

This Policy covers the following areas:

• 1.The Information Leapset Collects And How It Is Used
• 2.How Your User Information May Be Shared With Third Parties
• 3. How Leapset Secures User Information
• 4.How You Can Manage Your User Information
• 5.Modifications To This Policy

I. The Information Leapset Collects And How It Is Used.

Leapset may collect and use personal information, demographic and profile information, usage Information, and tracking Information (collectively, "User Information") in accordance with the following conditions:

Personal Information.

a.Account Information. We may ask for and store information submitted to us ("Account Information") when you register and/or create an account with Leapset (either by registering directly or by allowing a Leapset application to connect through your third party account), such as your name, email, and password (if any).

b.Transactional Data. When you engage in certain activities on the Service, such as ordering a product or service, submitting content and/or posting content/reviews in discussion forums, communicating with our customer service department, participating in user surveys or contests, and signing up for special offers from third parties through the Service, certain information may be provided by you (collectively, "Transactional Data"). The provision of Transactional Data may be voluntary or mandatory as a prerequisite to engaging in the activity, depending on the activity. Transactional Data varies in nature and may include your name, mailing address, date of birth, photos, reviews, ratings, information from any social network you may have connected from, GPS location (if you have activated a Leapset mobile applications and permitted your mobile or other location-aware device to transmit location data), and any other identifier that permits direct identifying, locating or contacting of you, as well as certain financial account information, such as a credit card number, expiration date and authentication codes or related information, as needed to process payments on the Service.

We use Account Information and Transactional Data (collectively, "Personal Information") to provide products and services to you (such as offering you real-time deals near your location), enhance the operation of the Service, improve promotional efforts, improve product and service offerings, and to tailor your experience with third parties as provided in Section 2 of this Policy. For instance, if you correspond with our customer service we may use your comments to promote our services, posting your comments in our marketing materials and the like. In addition, if you use our Service to send information or a product to another person, we may store that information in a form that is directly personally identifiable. We may also use Personal Information to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with you, including our Terms of Use and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities.

Demographic and Profile Information. We may at times also request information that is not directly personally identifiable, such as age and annual income, without storing or using such information in combination with any direct personal identifiers (such as your name or email address). This type of information is used to display more customized content and otherwise improve user experience of the Service.

Usage Information. We automatically store information related to your use of the Service, such as the Site pages you viewed, your internet protocol (IP) address, browser type, internet service provider (ISP), referring/exit pages, platform type, access device, and the date and time of your visit or transaction. We use this data to analyze trends, anticipate traffic load demands, track user behavior, gather broad demographic information for aggregate use and otherwise provide the highest level of service.

Tracking Information. We send cookies – small text files placed on your computer’s hard disk - to your computer in order to identify your status as a subscriber and facilitate access to your preferences accordingly. In addition, in the course of serving advertisements to the Service, our third-party advertisers may place or recognize a unique cookie on your browser. Any such cookies can be removed or blocked in accordance with your Internet browser’s help directions, but in doing so the Service may require you to repeatedly identify yourself and otherwise become more cumbersome to use.

Disclaimer of Information Provided to Third Party Services. In some cases we may allow you access to certain third party services by links or otherwise. Any information you provide to these third party services is not User Information and will not be subject to this Policy.

II. How Your User Information May Be Shared With Third Parties.

Leapset will not sell, trade or otherwise disclose the User Information delineated in Section 1 with or to nonaffiliated third parties except as provided below:

Leapset Merchants. From time to time we may provide offers from or otherwise promote particular merchants who request information on Leapset users and Leapset at its reasonable discretion will distribute data to merchants pursuant to such requests. Sharing this information may allow such merchants to market directly to you should they choose to do so. We do not have any responsibility for the actions of such merchants, and the actions of the merchants are not in our control.

Authorized Third Party Service Providers and Partners. Leapset shares users' order content, special order instructions, and depending the transaction, first and last name, street address and telephone number, with merchants where users' orders are placed to the extent necessary to process those orders or otherwise complete the subject transaction. In addition, we may provide services and products through third party service providers for the purposes of performing operational functions on our behalf, such as fraud prevention, transaction processing, direct marketing, and managed technology services, and partner with third parties in order to run contests or make special offers. We may share User Information, including Personal Information, with such service providers and partners and their use of such information may be governed by the privacy policies of such parties and is not subject to our control.

Aggregate and “Scrubbed” Information. We may share some user information in aggregated and “scrubbed” form, such as the “Usage” and “Demographic and Profile” information described in Section 1 above or information created from Personal Information by removing direct personal identifiers, to third parties in connection with actual or prospective business relationship with those third parties. For example, we may disclose the number of users that have been exposed to, or clicked on, advertising banners. This Policy does not limit our use or disclosure of any “scrubbed” information created from User Information in any way, and we reserve the right to use, disclose and sell “scrubbed” information to our partners, advertisers and other third parties at our discretion. “Scrubbed” means Leapset has taken reasonable precautions to protect data de-identified from you from being re-identified to you.

Business Transfers. In the event Leapset sells certain of its assets or goes through a structural change, such as a merger, acquisition by another company, or dissolution, User Information may be transferred to a third party as part of such event and thereby become subject to the privacy practices of that third party, which may materially different than those of Leapset.

Investigations. We reserve the right to investigate abuses or illegal activities on the Service, and enforce and apply our terms of service and may disclose User Information to third parties if we determine that such disclosure is necessary to enforce the Service’s terms of service, comply with the law or judicial instructions and related orders, or protect the rights, reputation or property of Leapset or that of our users, affiliates, or the public.

User Generated Content. User generated content posted through the Service such as service/restaurant reviews, commentary on discussion boards or blogs and certain social networking preferences (e.g. pages you "Like" or "Recommend") may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. Accordingly, Leapset cannot ensure the privacy of any User Information included in such user generated content.

Retention. Leapset will retain User Information in accordance with security practices that are reasonable and appropriate to the nature of the data for so long as it continues to improve Leapset’s Service and product offerings and subject to the above qualifications.

III. How Leapset Secures User Information.

Leapset takes commercially reasonable precautions to protect User Information. Such precautions include, but may not be limited to, encryption of any change in Personal Information with the industry standard SSL 256-bit encryption. While we strive to use commercially reasonable efforts to guard User Information, however, because no data transmission over the Internet or any wireless network is 100% secure, we cannot guarantee its absolute security.

Personal Information of Children Under 13. The Service is intended for general audiences and is not directed to persons less than 13 years of age and we do not knowingly collect personal information from such persons. If you become aware that personal information about your child has been provided to Leapset without your consent, please contact us. If we become aware that a child under 13 has provided us with personal information without parental consent, we make efforts to remove such information and terminate the child's account.

IV. How You Can Manage Your Information.

If your Account Information changes, you may correct, update, or delete and deactivate our record of your Account Information by signing into and managing your account. In addition, your account management page may allow you to control certain aspects of how other information you submit to the Service is used or shared or how to opt-out of certain information we may send to new by e-mail or otherwise concerning Leapset products or services.

V. Modifications To This Policy.

We may revise this Policy from time to time. The most current version of the Policy will govern our use of your information and will always be located here. Should we make material changes this Policy, we will notify you here, by email, or by means of notice on the home page of the Site or Service. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Policy.

Go to Terms of Use

Last Updated: April 20 , 2012

Leapset is committed to protecting the intellectual property rights of third parties on its service platforms (collectively, the “Service”). If you believe that your intellectual property is being used on Leapset.com or any related service in a way that constitutes legal infringement, please provide Leapset with the following information (in compliance with the Digital Millennium Copyright Act):

• 1.A description of the intellectual property that you claim has been infringed;
• 2.A description of where the material that you claim infringes your rights is located on the Service (e.g., the URL for the web page on which the material appears);
• 3.A physical or electronic signature, together with your contact information (address, telephone number and, if available, email address);
• 4.A statement that you have good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
• 5.A statement made under penalty of perjury that the information in your notice is accurate and that you are the intellectual property owner or legally authorized to act on behalf of such owner.

Notice of claims of infringement should be mailed to:

Leapset, Inc.
Attn: DMCA Agent
2010 Broadway St.
Redwood City, CA 94063

Or via email to info@leapset.com.

If Leapset is notified of a credible claim of infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is potentially infringing. Leapset reserves the right to terminate its agreement with any user who repeatedly infringes third-party intellectual property rights upon prompt notification to Leapset by the intellectual property owner or its legal agent.