The following terms and conditions constitute an agreement between you and Leapcure, Inc (“Leapcure,” “we,” or “us”),
the operator of www.Leapcure.com (the “Site”). This agreement governs your use of the Site, both as a casual visitor
and as a registered user. BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS
herein by reference. Please note that we offer the Site “AS IS” and without warranties. All information we collect on
1. User Eligibility
Age and Residence
: The Site is available only to, and may only be used by, individuals who are 18
years of age
and older who can form legally binding contracts under applicable law. At this time, all Users must reside in
the United States. You represent and warrant that you are at least 18 years old, you reside in the United States
and that any registration information you submit is accurate and truthful. Leapcure may, in its sole
discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility
criteria at any time.
: You agree to comply with all local laws regarding online conduct and acceptable content.
policies and procedures that may be published from time to time on the Site by Leapcure, each of which is
incorporated herein by reference and each of which may be updated by Leapcure from time to time by posting
such updates to the Site.
Conducting Agency Management
: You agree to conduct Agency Management on the Site as you deem
appropriate. You agree that neither you nor your organization or third party you conduct business with shall
seek to hold Leapcure, or any officer, director, employee, shareholder, representative or agent of Leapcure
(collectively, "Representatives"), liable for any loss, injury, or claims of any kind due to your conducting
Agency Management on the Site.
: If you create an account, you must keep your password secure. You are fully responsible
activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to
immediately notify Leapcure of any unauthorized use of your account or password or any breach of security. You
also agree that Leapcure cannot and will not be liable for any loss or damage arising from your failure to
keep your password secure.
: Leapcure grants you a personal, limited, non-exclusive, revocable and
license to utilize and access the Site pursuant to the requirements and restrictions contained in these Terms of
Use. Leapcure may, in its sole discretion, change, suspend or discontinue any aspect of the Site at any time.
We may also impose limits on certain services or restrict access to all or certain portions of the Site, without
prior notice or liability to you or any third party.
: Your limited license to use the Site is personal to you. You may not allow access,
sell your Leapcure account or User ID to another party.
Right to Refuse Service: Our services are not available to temporarily or indefinitely suspended Users.
Leapcure reserves the right, in our sole discretion, to cancel unconfirmed or inactive accounts. Leapcure
reserves the right to refuse, suspend or terminate service to anyone, for any reason, at any time.
YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE SITE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL
MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU ARE ENCOURAGED TO SEEKPROFESSIONAL MEDICAL DIAGNOSIS AND TREATMENT FOR
ANY MEDICAL CONDITION, AND TO DISCUSS INFORMATION ABOUT FROM THE SITE WITH YOUR HEALTHCARE PROVIDER. INFORMATION
PROVIDED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES AND IS IN NO WAY INTENDED TO SUBSTITUTE CONSULTING A
MEDICAL PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A HEALTH CARE PROFESSIONAL
BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. YOUR USE OF
INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH
ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL
CARE. RESULTS GENERATED FROM OUR DATABASE ARE NOT, AND SHOULD NOT BE CONSIDERED AS, MEDICAL ADVICE. WE DO NOT
RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, STUDIES, PROTOCOLS, TREATMENTS, PHYSICIANS, PROCEDURES, OPINIONS, PRODUCTS OR
OTHER INFORMATION THAT MAY APPEAR ON THE SITE OR ON LINKS REACHED THROUGH THE SITE. If you rely on any of the
information provided by the Site, you do so solely at your own risk. In view of the constant advances in medical
knowledge and differences of opinion among medical authorities, you are advised to confirm information on the Site
with your healthcare provider. We have no control over, and cannot guarantee the availability of any clinical trial at
any particular time. We will not be liable for cancelled clinical trials or your inability to participate in clinical
trials or any injury resulting there from. Studies presented on the Site may not be approved by the participating
medical center’s institutional review board, may be cancelled, or may not be enrolling patients.
: Leapcure does not guarantee continuous, uninterrupted access to the Site, and
operation of the Site may be
interfered with by numerous factors outside our control. We reserve the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Site, or any part thereof, with or without notice. The
Site will also undergo periodic scheduled and unscheduled maintenance. The Site may contain typographical errors
or inaccuracies and may not be complete or current. We reserve the right to correct any such errors,
inaccuracies or omissions and to change or update information at any time without prior notice, even after a
charge has been processed or accepted.
3. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding the Site and any and all data, text,
information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together,
"Content") that you submit, post, and display on the Site. We do not endorse Content submitted to the Site, or
any opinion, recommendation or advice expressed by Users. Your Content shall not contain material that infringes
on the intellectual property rights of others, including but not limited to copyright, trademark, patent, or
trade secret rights. We expressly disclaim any and all liability in connection with Content submitted by Users.
: Your Content and your use of the Site shall not:
- Be false, inaccurate or misleading;
- Be fraudulent;
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or
intellectual property rights or rights of publicity or privacy;
ordinance or regulation;
- Be defamatory, trade libelous, unlawfully threaten, unlawfully harass, impersonate or intimidate any person
(including Leapcure staff or other Users), or falsely state or otherwise misrepresent your identity or
affiliation with any person;
- Be obscene or contain pornography;
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal information;
- Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with
- Appear to create liability for Leapcure or cause Leapcure to lose (in whole or in part) the services of
our ISPs or other suppliers.
find otherwise objectionable.
4. Idea Submissions
Leapcure considers any suggestions, ideas, proposals or other material submitted to it by Users via the Site or
otherwise (collectively, the "Idea Submissions") to be non-confidential and non-proprietary, and Leapcure
shall not be liable for the disclosure or use of such Idea Submissions. If, at our request, any User sends an
Idea Submission to market or improve the Site (for example through forums, comments or to customer support),
Leapcure will also consider that Idea Submission to be non-confidential and non-proprietary and Leapcure
will not be liable for use or disclosure of any Idea Submissions. You hereby grant to Leapcure a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free and non-transferable right to reproduce, use,
display, perform, distribute, create derivative works from the Idea Submission and otherwise exploit it for any
purpose whatsoever, commercial or otherwise, without compensation or accounting to you and without further
recourse by you.
5. Information Control
Accuracy of Information
: Please use caution and common sense when using the Site. Leapcure makes
representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of
any information on the Site. By using the Site, you agree to accept the risks of using the Site and further
agree that neither Leapcure nor our Representatives are responsible for all or any acts or omissions of Users
on the Site.
: Leapcure is not responsible for the availability of outside websites or resources
or referenced on the Site. Leapcure does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such websites or resources. You agree that
Leapcure shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with the use of or reliance on any such content, goods or services available on
or through any such websites or resources. Access to third party websites from the Site is done at your own
6. Our Intellectual Property
"Leapcure" and other Leapcure graphics, logos, designs, page headers, button icons, scripts, and service
names are trademarks, trade names and/or trade dress of Leapcure, Inc. in the U.S. The "look" and "feel" of
the Site (including color combinations, button shapes, layout, design and all graphical elements) are protected
by U.S. copyright and trademark law. You may not use our trademarks and trade dress for any purpose whatsoever,
including as part of trademarks and/or as part of domain names or email addresses, in connection with any
product or service in any manner that is likely to cause confusion.
7. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access Leapcure for any
Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately
large load on our electronic infrastructure;
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any Leapcure Content
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the
- Attempt to probe, scan or test the vulnerability of any Leapcure systems or networks or to breach security
or authentication measures without proper authorization; or
- Reverse engineer, decompile or disassemble any of the software used to provide the Site.
Without limiting any other remedies, Leapcure may, without notice, and without refunding any fees, delay or
immediately remove Content, warn our community of a User's actions, issue a warning to a User, temporarily
suspend a User, temporarily or indefinitely suspend a User's account privileges, terminate a User's account,
prohibit access to the Site, and take technical and legal steps to keep a User off the Site and refuse to
provide services to a User if any of the following apply:
Leapcure suspects or knows (by information, investigation, conviction, settlement, insurance or escrow
policies and community guidelines incorporated herein; Leapcure is unable to verify or authenticate any of
your personal information; or Leapcure believes that a User is acting inconsistently with the letter or spirit
of our policies, has engaged in improper or fraudulent activity in connection with Leapcure or the actions may
cause legal liability or financial loss to other Users or to Leapcure.
, as amended from time to time, is hereby incorporated into these
10. No Warranty
USER AGREES THAT LEAPCURE MAKES NO GUARANTEE OR WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, AGENCY MANAGEMENT, AND THE
SERVICES IT PROVIDES. USER AGREES THAT AGENCY MANAGEMENT DATA STORED ON THE SITE MAY NOT BE AVAILABLE TO USER OR
TO THRID PARTIES AT ALL TIMES DUE TO SYSTEM FAILURES, BACKUP PROCEDURES, MAINTENANCE AND/OR OTHER CAUSES THAT
MAY BE BEYOND THE CONTROL OF Leapcure. NEITHER THE SITE NOR THE SERVICES ARE FOOLPROOF AND MAY EXPERIENCE
SIGNAL TRANSMISSION FAILURES OR DELAYS FOR ANY NUMBER OF FACTORS OUTSIDE THE CONTROL OF Leapcure. Leapcure
PROVIDES THE SITE AND SERVICES, DATA, INFORMATION, AND TOOLS VIA THE SITE "AS IS" AND "AS AVAILABLE", WITHOUT
ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Leapcure AND Leapcure'S REPRESENTATIVES
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM
Leapcure SHALL CREATE ANY WARRANTY. USE OF THE SITE IS AT YOUR SOLE RISK. Leapcure DOES NOT WARRANT THAT YOU
WILL BE ABLE TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT YOU WILL HAVE INTERNET
ACCESS, BATTERY POWER OR ELECTRICAL POWER AT THE TIME OR LOCATION YOU ATTEMPT TO ACCESS THE SITE; THAT THE SITE
WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF INACCURACIES,
MISREPRESENTATIONS BY USERS, VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Liability Limit; Covenant Not to Sue
LEAPCURE AND (AS AND TO THE FULL EXTENT APPLICABLE) LEAPCURE'S REPRESENTATIVES SHALL NOT BE LIABLE TO USER
FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF LEAPCURE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE RELATIONSHIP OF LEAPCURE AND THE USER, BREACH OF
INJURY OR DAMAGES TO PROPERTY (COLLECTIVELY, "DISCLAIMED DAMAGES"). YOU HEREBY RELEASE, WAIVE, DISCHARGE AND
PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST LEAPCURE FOR LOSS, DAMAGE OR INJURY RELATING IN ANY
WAY TO THE SITE, YOUR CONDUCTING OF AGENCY MANAGEMENT OR SERVICES PROVIDED BY LEAPCURE. UNDER NO CIRCUMSTANCES
WILL YOU ATTEMPT TO HOLD LEAPCURE LIABLE FOR ANY DISCLAIMED DAMAGES. IF, NOTWITHSTANDING THE PROVISIONS OF
THIS PARAGRAPH 11, LEAPCURE IS FOUND LIABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY
WAY TO THE SITE, YOUR AGENCY MANAGEMENT OR SERVICES PROVIDED BY LEAPCURE, LEAPCURE'S LIABILITY TO YOU AND
YOUR ESTATE SHALL BE LIMITED TO THE AMOUNT OF FEES RECEIVED BY LEAPCURE ATTRIBUTABLE TO SUCH USER IN THE SIX
(6) MONTHS PRIOR TO THE ACTION OR CLAIM GIVING RISE TO LIABILITY OR $500, WHICHEVER IS GREATER.
User shall indemnify, defend and hold Leapcure and its Representatives harmless from and against any and all
liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including
attorney's fees) imposed on, or incurred or sustained by or asserted against Leapcure by any person or persons
whatsoever, based upon or arising from such User's violation or infringement of any copyright, trade name, trademark
or patent (or any application of the foregoing). No limitation of liability of User contained in any other writing
shall be binding on or effective against Leapcure.
13. Your Legal Compliance
You will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and any
15. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created
16. Leapcure Service
Leapcure reserves the right to modify or terminate the Leapcure service for any reason, without notice, at any
the policies frequently. If Leapcure makes a material change we will notify you here, by email, by means of a
notice on our home page, or other places Leapcure deems appropriate. What constitutes a "material change" will be
determined at our sole discretion, in good faith.
17. Governing Law
relations between the parties hereto shall be governed by and interpreted in accordance with the law of the State of
California without regard to its conflict of law principles, regardless of User's location or the location in which
courts located in California shall have exclusive jurisdiction to adjudicate any dispute arising out of these Terms
of Use. Each party expressly consents to (i) the personal jurisdiction of the federal and state courts located in
California, and (ii) service of process being effectuated upon it by registered mail to the address provided to
Leapcure, in the case of User, or as posted on the Site, in the case of Leapcure.
Section 2 (Disclaimer), Section 4 (Idea Submissions), Section 5 (Information Control), Section 6 (Our Intellectual
Property), Section 7 (Access and Interference), Section 8 (Breach), Section 9 (Privacy), Section 10 (No Warranty),
Section 11 (Liability Limit; Covenant Not to Sue), Section 12 (Indemnity), Section 14 (Severability), Section 15 (No
Agency), Section 17 (Governing Law), and this Section 19 (Survival) shall survive any termination or expiration of
[contact@Leapcure.com]. You agree to accept electronic notices sent to you at the email address you provide to
Leapcure during the registration process, or as you may update it from time to time, or as may be otherwise
provided via the Site. Notice shall be deemed given 24 hours after email is sent, unless the sending party is
notified that the email address is invalid. If you withdraw your consent to receive communications electronically,
Leapcure may terminate your right to use the Site.
20. Controlling Terms
or conditions in any prior or subsequent communication (whether by email or any other form of communication) shall
Effective as of October 8, 2015