Terms of Use

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 OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference. Please note that we offer the Site “AS IS” and without warranties. All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

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.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as stated in these Terms of Use as well as all other operating rules, 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 necessary and 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.

Password: If you create an account, you must keep your password secure. You are fully responsible for all 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.

Limited License: Leapcure grants you a personal, limited, non-exclusive, revocable and non-transferable 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.

Account Transfer: Your limited license to use the Site is personal to you. You may not allow access, transfer or 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.

2. Disclaimer

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.

No Guarantee: 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. Restricted Activities: Your Content and your use of the Site shall not:
  1. Be false, inaccurate or misleading;
  2. Be fraudulent;
  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  4. Violate these Terms of Use, any Site policy or community guidelines, or any applicable law, statute, ordinance or regulation;
  5. 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;
  6. Be obscene or contain pornography;
  7. 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;
  8. Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with Leapcure; or
  9. Appear to create liability for Leapcure or cause Leapcure to lose (in whole or in part) the services of our ISPs or other suppliers.
Leapcure may, in its sole discretion, remove or delete any Content that violates these Terms of Use or that we 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 no 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. Other Resources: Leapcure is not responsible for the availability of outside websites or resources linked to 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 risk.

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 purpose whatsoever, except to the extent expressly permitted by and in compliance with these Terms of Use. Additionally, you agree that you will not:
  1. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our electronic infrastructure;
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any Leapcure Content except to the extent expressly permitted by and in compliance with the Terms of Use;
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  4. 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
  5. Reverse engineer, decompile or disassemble any of the software used to provide the Site.

8. Breach

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 investigation, or otherwise) a User has breached these Terms of Use, the Privacy Policy or other Leapcure 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.

9. Privacy

Our Privacy Policy, as amended from time to time, is hereby incorporated into these Terms of Use by reference.

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 THESE TERMS OF USE, OR ARISING FROM ANY OTHER PROVISION OF THESE TERMS OF USE, INCLUDING DAMAGES FOR PERSONAL 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.

12. Indemnity

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 Leapcure service.

14. Severability

The invalidity or unenforceability of any portion or provision of these Terms of Use shall in no way affect the validity or enforceability of any other portion or provision of the Terms of Use. Any invalid or unenforceable portion or provision shall be deemed severed from the Terms of Use and the remainder of the Terms of Use shall be construed and enforced as if the Terms of Use did not contain such invalid or unenforceable portion or provision.

15. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

16. Leapcure Service

Leapcure reserves the right to modify or terminate the Leapcure service for any reason, without notice, at any time. Leapcure reserves the right to alter these Terms of Use or other Site policies at any time, so please review 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

The Site is operated and administered from within the United States of America. These Terms of Use and the legal 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 any marketing, programming or other activities related to these Terms of Use have taken place. The federal and state 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.

18. Survival

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 these Terms of Use and any termination, suspension, expiration or cancelation of your account with Leapcure.

19. Notices

Except as expressly stated in these Terms of Use, any notices you send to Leapcure shall be given by e-mail to [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

These Terms of Use and those additional terms and conditions and policies referenced herein represent the complete agreement and understanding with respect to the subject matter of these Terms of Use. Different or additional terms or conditions in any prior or subsequent communication (whether by email or any other form of communication) shall not add to, modify, or otherwise change the terms and conditions of these Terms of Use.
Effective as of October 8, 2015