Effective October 13, 2017
2. ACCOUNTS AND REGISTRATION. To use some features of the Services, we may create an account for you using information provided by your school, school district, or other organization participating in the Services. You agree to notify us at email@example.com if any of your account information changes or if you have any questions. If you receive a password for your account, you are solely responsible for maintaining the confidentiality of your account and password and you are responsible for all activities that occur using your account. If you believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
(a) You (or your parent or legal guardian, as applicable) retain all rights to the information and data that you provide to LEAP through the Services. You (and your parent or legal guardian, if applicable) give LEAP permission to use any or all such information and data, but only in accordance with the Data Use Policy.
4. RESTRICTIONS. You are solely responsible for the content of your transmissions through the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). By using the Services, you hereby agree not to:
(a) use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
(b) violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
(c) interfere with security-related features of the Services, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
(d) interfere with the operation of the Services or any user’s enjoyment of the Services, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Services, (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
(e) perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Services accounts of others without permission, or falsifying your age or date or birth;
(f) post, upload, or submit any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; or
(g) attempt to do any of the foregoing or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 4.
6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL MATERIALS, RESOURCES, AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEAP 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEAP MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SERVICES OR ANY MATERIALS, RESOURCES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, RELIABLE, ACCURATE, OR ERROR-FREE; (II) DEFECTS WILL BE CORRECTED; (III) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OR ANY MATERIALS, RESOURCES OR CONTENT; (IV) THE SERVICES, OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE, ARE FREE OF VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL COMPONENTS; OR (V) THE SERVICES OR ANY MATERIALS, RESOURCES OR CONTENT WILL OTHERWISE MEET YOUR NEEDS, REQUIREMENTS, OR EXPECTATIONS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL, RESOURCES OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OR IS CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE, ACCESS, OR DOWNLOADING OF THE SERVICES OR ANY MATERIALS, RESOURCES OR CONTENT. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEAP OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL LEAP BE LIABLE FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR REVENUE OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, EVEN IF LEAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY EXPRESSLY AGREE THAT LEAP’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, CAUSES OF ACTION, LOSSES, AND COSTS ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR ANY MATERIALS, RESOURCES OR CONTENT, OR OTHERWISE UNDER THESE TERMS, IS LIMITED TO $100. THE FOREGOING REMEDY SHALL NOT BE DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE, AND YOU HEREBY WAIVE ALL RIGHT TO MAKE ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. DISPUTE RESOLUTION. Any controversy, claim or dispute arising out of or relating to the Terms (a “Dispute”) shall be resolved solely as provided in this Article 11. You hereby consent to the provisions of this Article 11, and shall institute proceedings only as permitted by this Article 11.
(a) Any Dispute shall be settled, if possible, through good faith negotiation between the parties. Such good faith negotiation shall commence upon a party’s receipt of notice of a Dispute from the other party. However, at any time before or during such negotiations, or following any unsuccessful negotiations, either party may by written notice to the other demand that the Dispute be submitted to arbitration proceedings under the Commercial Rules of the American Arbitration Association (“ADR Rules”), in which case such Dispute shall be finally settled by arbitration administered under the ADR Rules by one (1) arbitrator appointed in accordance with Section 11(b). The parties hereby waive any right to institute a court or other dispute resolution proceeding and acknowledge that private negotiation and arbitration in accordance with this Article 11 is the sole and exclusive means of resolving any Dispute hereunder.
(b) The arbitrator shall be selected by mutual agreement of the parties. In the event that the parties cannot agree on any arbitrator, such arbitrator shall be selected by the American Arbitration Association in accordance with the ADR Rules then in effect.
(c) The arbitration proceeding shall occur in Chicago, Illinois, each party shall bear its own costs relating to such arbitration, the parties shall equally share the arbitrators’ fees and expenses, and the arbitration and related proceedings and discovery shall be confidential and shall take place pursuant to a protective order entered by the arbitrators that adequately protects LEAP’s Confidential Information. The decision of the arbitrator shall be final and binding on the parties, may be enforced by any court of competent jurisdiction, and cannot be the subject of any appeal.
(d) Except as required by applicable Law, neither party shall make any public statement regarding any Dispute, arbitration, or arbitration decision without the prior written consent of the other party, which may be withheld in its sole discretion.
11. GOVERNING LAW. These Terms and any Agreement shall be governed as to performance and interpretation in accordance with the laws of the State of Illinois. The parties agree that the Circuit Court of Cook County, Illinois, and the United States District Court for the Northern District of Illinois shall be the sole and exclusive venues for any action, suit or proceeding arising out of or related to these Terms or the Services, including without limitation any such action, suit or proceeding regarding the enforceability, performance, failure to perform, breach, termination or any other matter arising under or related to these Terms or the Services. Both parties waive any right to object that either of those courts are not the proper venue for any such action, suit, or proceeding, and waives any right to object that those courts do not have or cannot properly exercise personal jurisdiction over any party.