Terms of Service

Effective Date October 1, 2021

Leader Software, LLC, PMB 98, 4500 Great America Pkwy, Suite 100, Santa Clara, CA 95054

These Terms of Service (“Terms”) set forth the contract (“Contract” or “User Agreement”) between you (“You” or “Your”) and Leader, LLC (“Leader”, “the Company”, “we”, “us” or “our”). It governs your use of the products and services we offer through our website, browser extension, applications, and other services that link to these Terms (collectively, the “Leader Platform”, “the Site” or “Services”), and any information, metadata, annotation, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials submitted, uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). The term “User” means anyone who uses the Site with or without a Leader account. The term “Contributor” means users who contribute to the Content. By using the Services you agree to be bound by these Terms.

You agree that by using our services, you enter into a legally binding contract with Leader LLC even if you are using our Services on behalf of a company. If you do not agree to this contract , do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Our Mission

Leader's mission is to grow and organize the world’s knowledge. The Leader Platform is designed to connect proven facts together to form a knowledge web that enables people to get the answers to their questions quickly and reliably.

Using the Leader Platform

Who May Use the Services

  • You may use the Services only if you agree to the terms and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 15 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

Your Account

  • When you set up an account on the Leader Platform, you will be asked to provide certain information about yourself. You agree to provide us accurate information, including your real name or real name of the entity you represent, when you create your account on the Leader Platform. We will treat information you provide as part of registration in accordance with our Privacy Policy. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account and (3) follow the law and (4) you’re responsible for anything that happens through your account unless you close it or report misuse.

Privacy

  • Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Leader and its affiliates.

Termination

  • You may close your account at any time by going to account settings and close your account. We may terminate or suspend your Leader account if you violate any Leader policy or for any other reason.

Members and Visitors

  • When you register and join the Leader Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.” Both members and visitors are bound by these Terms of Service.

Change to the Leader Platform

  • We are always trying to improve your experience on the Leader Platform. We may need to add or change features and may do so without notice to you.

Your Content

Definition of Your Content

  • The Leader Platform enables you to add entity links, entity citations, relations, relation citations, and other annotations (collectively “Metadata”) as well as comments, texts, reviews, links, photos, and any other information to share with others. All material that you create, publish or display to others via the Leader Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Platform, Your Content may be viewed by the general public.

Ownership

  • You retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below.

License and Permission to Use Your Content.

  • By submitting, posting, or displaying Your Content on the Leader Platform, you grant Leader and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the Leader Platform or the promotion, advertising or marketing of the Leader Platform or our business partners, in any and all media or distribution methods (now known or later developed), including via means of automated distribution, such as through an application programming interface (also known as an “API”). You agree that this license includes the right for Leader to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with Leader for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the Leader Platform or through other media or distribution methods.
  • This license also includes the right for other users of the Leader Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms of Service. Except as expressly provided in these Terms of Service, this license will not confer the right for you to use automated technology to copy or post metadata for the purpose of making derivative works.
  • Once you post a content , you may edit or delete it at any time from public display on Leader’s web site. Any edits and changes made by you may be visible to other users. The right for Leader to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any metadata you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.
  • You acknowledge and agree that Leader may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Leader, its users, or the public.
  • You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
  • You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the Leader Platform or in violation of our Terms of Service.
  • Removal of content: We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.

Your Rights and Grant of Rights in the Content

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Leader the license described above.

Our Content and Materials

Definition of Our Content and Materials

  • All intellectual property in or related to the Leader Platform (specifically including, but not limited to our software, the Leader logo, but excluding Your Content) is the property of Leader, LLC, or content posted by other Leader users licensed to us (collectively “Our Content and Materials”).
  • All data Leader collects (“Data”) about use of the Leader Platform by you or others is the property of Leader, LLC. For clarity, Data does not include Your Content and is separate from Our Content and Materials.

Our License to You

  • We grant you a personal, limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the Leader Platform in connection with your use of the Leader Platform, subject to the terms and conditions of this Agreement.
  • We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the Leader Platform or to remove content. Except for the rights and license granted in these Terms of Service, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

Permitted uses

  • If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, you may access the Leader Platform, subject to the following additional rules: i) you must use a descriptive user agent header; ii) you must follow robots.txt at all times; iii) your access must not adversely affect any aspect of the Leader Platform’s functioning; and iv) you must make it clear how to contact you, either in your user agent string, or on your website if you have one. You represent and warrant that you will not use any automated tools such as artificial intelligence or machine learning i) to create derivative works of Our Content and Materials; ii) to create any service competitive to the Leader Platform; or iii) for other commercial purposes except as expressly permitted by these Terms of Service or the written consent of Leader.

Ownership

  • You acknowledge and agree that Our Content and Materials remain the property of Leader’s users or Leader. The content, information and services made available on the Leader Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.

Our Services

Leader is dedicated to encouraging the growth, development and distribution of knowledge, and to hosting the full content for the public. We act only as a hosting service, maintaining the infrastructure and organizational framework that allows our users to build the community by contributing and editing content themselves. Because of our unique role, there are a couple of things you should be aware of when considering our relationship to you, us, and the other users:

We do not take an editorial role

  • All of the content that we host is provided by users like yourself, and we do not take an editorial role. This means that we generally do not monitor or edit the content of the Project websites, and we do not take any responsibility for this content. Similarly, we do not endorse any opinions expressed via our services, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any submitted community content. Instead, we simply provide access to the content that your fellow users have contributed and edited.

You are responsible for your own actions

  • You are legally responsible for your edits and contributions on the Leader Platform, so for your own protection you should exercise caution and avoid contributing any content that may result in criminal or civil liability under any applicable laws. For clarity, applicable law includes at least the laws of the United States of America. Although we may not agree with such actions, we warn editors and contributors that authorities may seek to apply other country laws to you, including local laws where you live or where you view or edit content. We do not offer any protection, guarantee, immunity or indemnification.

No Endorsement or Verification

  • Please note that the Leader Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the Leader Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Leader Platform by anyone.

  • You may find some material objectionable or erroneous: Because we provide a wide array of content that is produced or gathered by fellow users, you may encounter material that you find offensive, erroneous, misleading, mislabeled, or otherwise objectionable. We therefore ask that you use common sense and proper judgment when using our services.

  • Our content is for general informational purposes only: Although we host a great deal of information that pertains to professional topics, including medical, legal, or financial issues, this content is presented for general informational purposes only. It should not be taken as professional advice. Please seek independent professional counseling from someone who is licensed or qualified in the applicable area in lieu of acting on any information, opinion, or advice contained in the Leader Platform.

Do's and Don'ts

Dos

You agree that you will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and keep it updated;
  • Use your real name on your profile; and
  • Use the Services in a professional manner.

Don’ts

You agree that you will not:

1.

Create a false identity, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;

2.

Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy metadata and other data from the Services;

3.

Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);

4.

Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Leader;

5.

Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights.

6.

Violate the intellectual property or other rights of Leader, including, without limitation, copying or distributing our technology or using our logos in any business name, email, or URL except as provided in the Brand Guidelines;

7.

Post anything that contains software viruses, worms, or any other harmful code;

8.

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;

9.

Imply or state that you are affiliated with or endorsed by Leader without our express consent

10.

Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Leader’s consent;

11.

Deep-link to our Services for any purpose other than to promote your profile, without Leader’s consent;

12.

Use bots or other automated methods to access the Services, add or download profiles of others;

13.

Monitor the Services’ availability, performance or functionality for any competitive purpose;

14.

Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

15.

Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);

16.

Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);

17.

Harassing and Abusing Others

a.

Engaging in harassment, threats, stalking, spamming, or vandalism; and

b.

Transmitting chain mail, junk mail, or spam to other users.

18.

Violating the Professional Community Policies below:

a.

Infringing the privacy rights of others under the laws of the United States of America or other applicable laws (which may include the laws where you live or where you view or edit content);

b.

Soliciting personally identifiable information for purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved by Leader; and

c.

Soliciting personally identifiable information from anyone under the age of 18 for an illegal purpose or violating any applicable law regarding the health or well-being of minors.

d.

Engaging in False Statements, Impersonation, or Fraud

e.

Intentionally or knowingly posting content that constitutes libel or defamation;

f.

With the intent to deceive, posting content that is false or inaccurate;

g.

Attempting to impersonate another user or individual, misrepresenting your affiliation with any individual or entity, or using the username of another user with the intent to deceive; and

h.

Engaging in fraud.

i.

Committing Infringement

j.

Infringing copyrights, trademarks, patents, or other proprietary rights under applicable law.

k.

Misusing Our Services for Other Illegal Purposes

l.

Posting child pornography or any other content that violates applicable law concerning child pornography;

m.

Posting or trafficking in obscene material that is unlawful under applicable law; and

n.

Using the services in a manner that is inconsistent with applicable law.

o.

Engaging in Disruptive and Illegal Misuse of Facilities

p.

Posting or distributing content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of our users;

q.

Engaging in automated uses of the site that are abusive or disruptive of the services and have not been approved by the Leader community;

r.

Disrupting the services by placing an undue burden on a Project website or the networks or servers connected with a Project website;

s.

Disrupting the services by inundating any of the Project websites with communications or other traffic that suggests no serious intent to use the Project website for its stated purpose;

t.

Knowingly accessing, tampering with, or using any of our non-public areas in our computer systems without authorization; and

u.

Probing, scanning, or testing the vulnerability of any of our technical systems or networks

Charges

All Charges and payments will be enabled by Leader using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Leader may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Leader.

Leader reserves the right to establish or adjust Charges or Payments for any or all services or goods obtained through the use of the Services at any time. Leader will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice. You may elect to cancel your request for Services at any time prior to the commencement of such Services.

If you think a correction should be made to any Charge you incurred, you must let Leader know in writing within 30 days after the Charge took place or Leader will have no further responsibility and you waive your right to later dispute the amounts charged.

Payments to Contributors

Status as an Independent Contractor

As a Contributor, you are performing Services as an individual independent contractor of Leader and not as an employee of Leader. Accordingly, You hereby acknowledge and agree that (i) You will not employ any automated methods in producing Work Product, including, without limitation, robots, scripts, and related methods and instruments, (ii) You will submit all Work Product via the Site using Leader’s Chrome browser extension, (iii) You are responsible for and shall comply with all laws and regulations applicable to your provision of services, including those related to independent contractors, maximum working hours, and taxation, (iv) there is no joint venture, partnership, or employer/employee relationship between You and Leader, (vi) You will not be entitled to any benefits Leader may offer to their respective employees, including, without limitation, health insurance, vacation pay, or retirement benefits, and (vii) You are not entitled to recover worker’s compensation benefits from Leader in the event of Your injury.

Payouts

Contributors will be paid by Leader per number of Content successfully submitted and accepted to the search indexes. Not every action related to Content creation results in a payout, and not every type of contribution is offered the same payout amount. The details of what constitutes a payable contribution and the amount are stipulated in the Payouts for Contribution page. Leader reserves the rights to change and update the terms of Payouts for Contribution at any time with 7 days of notice. Leader also reserves the right to cancel the payout scheme altogether and make Content contribution a voluntary activity at any time with 7 days of notice.

Payment Facilitation

Leader shall process all payments to Contributors. All payments will be made through the PayPal payment system and each Contributor must create and maintain a PayPal account in order to receive payment for Services performed. Each Contributor shall notify us of their account number. Should You fail to create or maintain such an account, You will not be paid.

Leader will only disburse funds in accordance with this Agreement and all applicable laws and regulations, including, without limitation, the United States Patriot Act and the regulations promulgated by the United States Office of Foreign Asset Control.

Disbursements from Your Payment Account

Leader will disburse funds to Your PayPal account weekly, on Monday of each week, unless Monday is a legal holiday, in which case payment will be made on the next Business Day (each, a “Payment Date”); provided, however, that You shall not be entitled to a disbursement to Your PayPal account on any given Payment Date unless Your Payment Account contains at least $30.00 of balance as of such Payment Date.

Payment System Acknowledgement

You hereby acknowledge and agree that Leader has no affiliation with PayPal, makes no representations or warranties regarding PayPal, or their services, and has no ability to control or exert influence over PayPal, or their websites, systems or services. Leader shall not be responsible for any fees, costs and/or expenses You may incur in connection with Your use of PayPal and shall not be liable for any losses You may incur as a result of PayPal’s performance or failure to perform.

Tax Agreement

As a Contributor, you acknowledge and agree that Leader does not have the ability, in every instance, to determine whether or not earned income is considered reportable taxable earnings in your jurisdiction. As a result, you are responsible for all tax liability arising from or associated with your use of Leader’s services.

Permits and Other Compliances

You acknowledge and agree that it is Your responsibility to determine whether and to what extent any permits, registration, authorizations and/or filings (including, without limitation, with respect to the transfer of technology) are required by any governmental agency in any jurisdiction in which You have performed Services (collectively, “Permits”). You also acknowledge and agree that Leader and its affiliates have no obligation to determine whether any such permits apply to any transaction between Leader and any contributor.

The Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations of any jurisdiction in which You perform Services. Your compliance with applicable laws is not limited to jurisdictions within the United States (including US Federal law) but also the laws, regulations and ordinances of the jurisdiction from which You access the Site or perform Services.

Disclaimer and Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF LEADER ENTITIES TO YOU.

“LEADER ENTITIES” MEANS LEADER, LLC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

A.

WE ARE PROVIDING YOU THE LEADER PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LEADER ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

B.

LEADER MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE LEADER PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE LEADER PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. LEADER MAKES NO WARRANTY THAT: (a) THE LEADER PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE LEADER PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE LEADER PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE LEADER PLATFORM WILL BE SATISFACTORY.

C.

YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEADER ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEADER ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE LEADER PLATFORM.

D.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE LEADER PLATFORM IS TO STOP USING THE LEADER PLATFORM.

E.

  • WITHOUT LIMITING THE FOREGOING, LEADER’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE LEADER PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO LEADER IN CONNECTION WITH THE LEADER PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

F.

  • SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE FOREGOING SECTIONS 8(c), 8(d), AND 8(e) WILL NOT APPLY TO A RESIDENT OF NEW JERSEY, TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF LEADER’S NEGLIGENT, FRAUDULENT, RECKLESS, OR INTENTIONAL MISCONDUCT.

Indemnification

  • You agree to release, indemnify, and defend Leader Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the Leader Platform, ii) Your Content, iii) your conduct or interactions with other users of the Leader Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

Dispute Resolution

  • This Agreement and any action arising out of your use of the Leader Platform will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with your use of the Leader Platform will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

  • For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000 USD, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration will initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

General Terms

Changes to these Terms of Service

  • We may amend this Agreement (including any policies such as our Privacy Policy and our Cookies Policy that are incorporated into this Agreement) at any time, in our sole discretion. If we amend material terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of notification could include, for example, posted notice on the Leader Platform, or other manner. You can view the Agreement and our main policies at any time. Your continued use of our Services and failure to close your account after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to close your account or to cease use of the Leader Platform.

Governing Law and Jurisdiction

  • You agree that Leader is operated in the United States and will be deemed to be solely based in California and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in Santa Clara County, California and governed by laws of the state of California and federal law, without regard to any conflict of law provisions.

Use Outside of the United States

  • Leader expressly disclaims any representation or warranty that the Leader Platform complies with all applicable laws and regulations outside of the United States. If you use the Leader Platform outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Leader Platform.

Export

  • The Leader Platform is controlled and operated from our United States offices in California. Leader software is subject to United States export controls. No software for Leader may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.

Applications and Mobile Devices

  • If you access the Leader Platform through a Leader application, you acknowledge that this Agreement is between you and Leader only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Leader Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.

Survival

  • The following provisions will survive expiration or termination of this Agreement: Termination, Feedback, Your Content, Our Content and Materials, Disclaimers and Limitation of Liability, Indemnification, Dispute Resolution, and General Terms.

Notice for California Users

  • Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Leader Platform is provided by Leader, LLC, located in Redding, California. If you have a question or complaint regarding the Leader Platform, please contact Leader at admin@leadr.software. California residents may reach the Department of Consumer Affairs Consumer Information Division at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700

Assignment

  • You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

Electronic Communications

  • You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

Entire Agreement/ Severability

  • This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Leader Platform and constitutes the entire agreement between you and us regarding the Leader Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.

Interpretation

  • In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.

Relationship

  • This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

Waiver

  • No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

Further Assurances

  • You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.