PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SITE (DEFINED BELOW) IS SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, DO NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Last updated: April 22, 2020

Welcome to leapmetrics.io! Please read on to learn the rules and restrictions that govern your use of our website(s) and any services provided therein (the “Site”).

leapmetrics.io is owned and operated by Leap Metrics, Inc. (“Leap Metrics,” “we,” “us” and “our”). By using the Site, you are agreeing to abide by these Terms of Use (the “Terms”).

Any new features or tools which are added to the Site shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

If you have any questions, comments, or concerns regarding these Terms, please contact us at [email protected].

OK, here we go:

Privacy

Your privacy is important to us,  You can review our Privacy Policy, available at https://www.leapmetrics.io/privacy, which also governs our Site and informs users of our data collection practices.

Electronic Communications

Visiting our Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children’s Privacy

We do not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use the Site only with the permission of a parent or guardian.

Links to Third Party Sites / Third Party Services

Our Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link(s) contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and does not imply endorsement by Leap Metrics of the Linked Site or any association with its operators.

Certain services made available via our Site may be delivered by third party sites and organizations. By using any product, service, or functionality originating from our Site, you hereby acknowledge and consent that we may share such information and data with any third party with whom Leap Metrics has a contractual relationship to provide the requested product, service, or functionality on behalf of our users and customers.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use our Site strictly in accordance with these Terms. As a condition of your use of our Site, you agree not to engage in any activity that is unlawful or prohibited by these Terms. You may not use our Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of our Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Site.

All content on our Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on our Site, is the property of Leap Metrics and/or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on our Site. Leap Metrics content is not for resale. Your use of our Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Leap Metrics and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Leap Metrics or our licensors except as expressly authorized by these Terms.

International Users

The Site is owned by Leap Metrics, a U.S. company. If you access our Site from a location outside the U.S., you are responsible for compliance with all local laws. You agree that you will not use the content accessed through our Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Leap Metrics, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of our Site or services, your violation of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Leap Metrics reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Leap Metrics in asserting any available defenses.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on our Site or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend, or clarify information on our Site or on any related website, except as required by law.

Liability Disclaimer

LEAP METRICS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, CONTENT, AND SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, CONTENT, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LEAP METRICS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEAP METRICS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE ANY ASPECT OF THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LEAP METRICS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination / Access Restriction

We reserve the right, in our sole discretion, to terminate your access to our Site or any portion thereof at any time, without notice. Leap Metrics and/or its suppliers may make improvements and/or changes to the Site at any time.

Severability

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Governing Law

These Terms are governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Dallas, Texas, U.S.A. in all disputes arising out of or relating to the use of our Site. Use of our Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).