Terms of Service

Terms of Service

Introduction & Scope

PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE ACCESSING WWW.LEADERSLEADUP.COM (“SITE”) AND USING THE SERVICES OFFERED BY LEADERS LEAVING LEGACIES, LLC (“SERVICES”). 

These Terms apply to any person visiting, using, or otherwise accessing the Site. These Terms govern Your rights and obligations for using the Site. By clicking on the “accept”, “yes”, “join”, or other similar button, You or the entity that You represent (“User” or “You”) are unconditionally consenting to be bound by and are becoming a party to these Terms and any submission or order form completed using the Site with respect to the Services. 

In the event that You have entered into a separate signed written agreement with Leaders Leaving Legacies, LLC (“Leaders”) with respect to the Services or the Site, the terms of that signed written agreement will govern to the extent any conflict exists with the Terms. Provision of the Services and Site is conditioned on, and User’s use of the Services and Site shall constitute User’s assent to the terms, in addition to those set forth in any separate written agreement. If You do not unconditionally agree to all of the terms set forth herein, You shall immediately exit the Site and discontinue any use of the Services. Leaders does not grant any right to use the Services or the Site unless these Terms are agreed to by You. If You are entering into these Terms on behalf of an entity, You represent and warrant that You have the authority to bind such entity to these Terms, in which case the term “You” or “User” shall refer to such entity.

The Site may contain links to other websites or applications, which are not operated by Leaders. Leaders has no control over third-party sites and accepts no responsibility for them or for any loss or damage that may arise from Your use of them. Your use of any third-party sites will be subject to the terms of service for the respective site. You understand that by clicking on any third-party link that may be posted on the Site, you are expressly doing so of Your own volition and Leaders shall not be responsible for any harm, including viruses, malware, and theft, that may arise therefrom. You agree to hold Leaders harmless for all claims, obligations, and/or liabilities arising in connection with Your use of any third-party content, materials, or information.

All content and data published on the Site, including prerecorded videos, are protected by applicable copyright and trademark law and shall not be copied, exploited, or otherwise re-published without the express written consent of Leaders. 

Definitions

The following terms shall mean:

“Account” means an account created with Leaders to manage the electronic transmission of information between You and Leaders on the Site which will allow You to complete an Order and use the Services. 

“Author” any person or entity that authored or created any written works or media content published on the Site. 

“Courses” means seminars, continuing education, motivational, and other programs created by Authors and sold to Users on the Site, which may be delivered, hosted, or presented through prerecorded media, live virtual platforms, or in person. 

“Order” means the purchase of an online subscription of our Services through Your Account, or the purchase of a Course through the Site. 

“Privacy Policy” means our Privacy Policy, as published on the Site.

“Us”, “Our(s)”, “Leaders” means Leaders Leaving Legacies, LLC, the company owning the ‘Leaders LeadUp’ brand.

“User Credentials” means the username and password associated with a User’s Account, together or separately, that identifies each User and authorizes access to the Services. 

“User Material” means any content or data uploaded or provided by a User, including designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials or media. 

“You”, “Your”, “User” means any person who accesses the Site, uses the Services, or creates an Account.  

1. Account Terms

You must be 18 years or older to create an Account and use the Services. You must be 13 years or older to access the Site. 

You must be a human. Accounts registered by “bots” or other automated methods are not permitted and will be deleted by Leaders.

You must provide Your legal full name, telephone number, a valid email address, and any other information requested in order to create an Account. 

You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).

If You find any link on Our Site that is offensive or suspicious, You may contact and inform Us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond to You directly.

You are permitted to use the Site and Services only in a manner which does not violate any of Leaders’ terms and conditions contained herein. In particular, You are prohibited from taking any of the following actions: 

1. Committing or encouraging any criminal offense.
2. Transmitting or distributing a virus, trojan, worm, logic bomb, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offense or obscene. 
3. Hacking or breaking into any aspect of the Site or Services.
4. Corrupting data on the Site or Services. 
5. Leaking any confidential or personal data shared or stored on the Site or Services.
6. Causing annoyance to other users or operators of the Site or Services. 
7. Infringing upon the proprietary rights of others.
8. Sending any solicited advertising or promotional material, commonly referred to as “spam.”
9. Attempting to effect the performance or functionality of any computer facilities of or accessed through this Site or the Services. 
10. Establish a link to the Site in such a way as to suggest any form of association, approval, or endorsement on Leaders’ part where none exists. Leaders reserves the right to withdraw linking permission without notice.

If You take any of the above actions, whether intentional or unintentional, or otherwise breach the terms and conditions for use of the Site or Services, Leaders may revoke Your access to and further use of the Site and/or Services. Leaders may also report any such actions which may constitute illegal behavior to the relevant law authorities and disclose Your identity to them.

2. Account Suspension & Termination

Leaders Leaving Legacies encourages You to report violations of Our guidelines and Terms. We reserve the right, at Our sole and final discretion, to deactivate, freeze, suspend or terminate any Account or other access rights upon any factual or alleged breach of these Terms, including but not limited to failure to pay any subscription fees when due. You must notify Us immediately of any change in Your eligibility to use the Site or maintain an Account, or if You suspect a breach of security or unauthorized use of Your Account.

Users undertaking conduct that may constitute a factual – or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate Account suspension/termination, at Our sole and final discretion, without notice and without responsibility to You for any loss or damages.

If you desire to terminate Your Account and cancel Your membership, You may do so by emailing Leaders at [email protected]. Your email shall include Your name, User Credentials, and Your reason for terminating Your Account. All membership cancellation requests will be reviewed within 10 business days of receipt. If You cancel Your membership and terminate Your Account, all personal information, photos, videos, data, and other content will be permanently removed from the Site and You will be required to create a new Account if You decide to join the Site in the future. Accounts cannot be “re-activated.”

3. Payment Terms

We rely on authorized third-party payment processors to bill Orders through a payment account linked to the Site. 

You, each time You place an Order, hereby authorize Us to charge the pertinent fees through Your indicated payment processing account. Sensitive financial details are stored only by Our payment processors and will not be accessed, stored, or processed directly by Leaders. 

For more information, please refer to the terms of use of Our third-party payment processing platform, which may include Stripe, PayPal, and Square, or other processors as indicated on the payment webpage on the Site from time to time.

Accordingly, Leaders shall not be held responsible for errors, fees, penalties, or currency conversion fees imposed by Our payment processors, and You should review the applicable third-party terms of use prior to authorizing every payment made through the Site.  

1. 1. 3.1.Disputes & Chargebacks

Except as expressly set forth herein, all payment charges are final, non-cancelable, and non-refundable. If we detect any chargeback or if any payment is not received by Us or Our payment processors for any reason, You will promptly pay Us any and all amounts due upon notice, including chargeback fees, expenses, and penalties (including those assessed by Our payment processor or the financial institutions handling the transaction). You hereby represent and warrant that You expressly appoint Leaders as Your agent, with full power to recover these amounts by debiting Your Account or setting off any amounts owed to You. Any failure or inability by Us to process any payment hereunder does not relieve You from Your payment obligations. 

If we are unable to recover funds related to a disputed payment or chargeback for which You are liable, You will pay Us the full amount of the chargeback immediately upon demand; thus, You agree to pay all costs and expenses, including without limitation, costs assessed by Our payment processor, legal fees and other legal expenses, incurred by or on behalf of Us in connection with the collection of any unpaid fees or chargebacks. Late, unpaid, and disputed payments may subject Your Account to suspension or termination in accordance with Section 3.3. below. 

All billing disputes must be addressed to and will be handled by the respective third-party payment processor You used on the Site. Leaders will not be directly responsible for resolving any billing disputes on the Site. Questions regarding frequency of billing or other billing-related questions not involving a payment dispute may be addressed to Leaders at [email protected]. 

3. 2. 3.2.Refunds

You may cancel Your Account and membership with the Site at any time. Except as expressly provided in the disputed payment section above, Leaders will not refund any Orders. 

3. 3. 3.3.Subscription Billing and Automatic Renewal

A User must subscribe to a Leaders membership in order to create an Account. Users will be charged for their membership as of the date of first access. This is normally on the same day an Order is placed to create an Account, or in the case of a pre-launch, it is the day You receive access to Your Account. 

To ensure uninterrupted service, all subscriptions will automatically renew. If You sign up for a yearly subscription, You will be charged yearly by Our third-party payment processor on the same day of every year that follows, until You cancel Your Account. If You sign up for a monthly subscription, You will be charged monthly by Our third-party payment processor on the same day every month that follows, until You cancel Your Account. 

If You fail to pay Your subscription payment when due, and fail to cure Your missed payment within 15 days of its due date, Your Account will be suspended until payment is successfully processed, provided that Your Account will be terminated and membership cancelled if any payment is not successfully processed within 30 days of a failed payment. If Your Account is terminated, all personal information, photos, videos, data, and other content will be permanently removed from the Site and You will be required to create a new Account if You decide to join the Site in the future. Accounts cannot be “re-activated.” 

3. 4. 3.4.Up to Date, Payment Details

To avoid any interruption in membership and Services, User shall maintain up to date credit card details in their Account dashboard. For any billing related questions, please contact Us via [email protected].

4. Changes to Our Services and Pricing

Leaders works constantly to improve Our services and develop new features to make Our Site and Services better for You and Our community. As a result, we may need to update these Terms from time to time to accurately reflect Our services and practices, to promote a safe and secure experience on Our Site and Services, and/or to comply with applicable law. 

Unless otherwise required by law, we will notify You before we make changes to these Terms and give You an opportunity to review them before they go into effect. Once any updated Terms are in effect, You will be bound by them if You continue to use Our Site. 

We hope that You will continue using Our Site and Services, but if You do not agree to Our updated Terms and no longer want to be a part of the Leaders community, You can delete Your Account at any time.

Leaders reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. 

Leaders reserves the right at any time to modify its pricing and fees, provided, however, that, price increases to automatically renewing subscriptions shall be noticed to Account Users via email at least 60 days prior to renewal for annual subscriptions and 30 days prior to renewal for monthly subscriptions. 

5. Limited Guarantee

Leaders will make all commercially reasonable efforts to ensure that any interface or integration from a third-party provider or system as part of the Services or Site operates continuously subject to scheduled maintenance. Notwithstanding, You acknowledge that the successful operation of any interface or integration is dependent upon the technical set up and uptime of said third party systems, such as WooCommerce, Themeum Tutor LMS, Buddy Boss, Paid Memberships Pro and other infrastructure and cloud hosting and computing providers that contribute to the Site and Services.

Accordingly, You agree that: (a) Leaders cannot be held liable for any failures in the operation of the interface or integration resulting from acts or omissions by You or any third party; (b) Leaders shall have no liability or obligation whatsoever to You in relation to the content on or use of, or correspondence with any third-party website or service made available via the Services or Site. If an issue arises with regard to the effective operation of an interface or integration to a third-party provider or system, Leaders will use its commercially reasonable efforts to resolve the issue. Except as stated herein, LEADERS (AND ITS AGENTS, AFFILIATES, LICENSORS AND SUPPLIERS) HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT AND PROVIDES THE SITE AND ALL SERVICES “AS-IS” WITH “ALL FAULTS” TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.  

YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. LEADERS DOES NOT GUARANTEE THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR.

LEADERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. LEADERS LEAVING LEGACIES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LEADERS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD- PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Similarly, we are not responsible for any User Materials, Courses, or content associated therewith. 

You expressly fully comprehend and consent that it is Your responsibility to determine compliance with variant laws, regulations, or customs that may apply in connection with Your use of the Site and Services.

6. Copyright & Ownership

You may not claim intellectual or exclusive ownership rights to any of Our products, documentation, works of authorship, trademarks, data, or content, or other materials published to or otherwise made available through the Site, the Services, or Your Account (“Leaders Content”) or that of Leaders’ third-party partners. All Leaders’ Content is provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use Our Products, Support, or Documentation.

When accessing or using the Site and Services, You agree to obey the law and to respect the intellectual property rights of others. Your use of the Site and Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any User Material You provide, post, or transmit, or that is provided or transmitted using Your User Credentials. The burden of proving that User Materials do not violate any laws or third party’s intellectual property rights rests solely with You.

We claim no intellectual property rights in User Materials and said rights remain with You. If You believe content on the Site infringes Your intellectual property rights, please contact Us to submit a takedown request. The following procedure will apply for any content displayed through the Site that allegedly infringes the intellectual property rights of You or of any third-party.

You must first notify Us of Your claim by emailing [email protected] with the email subject: “Takedown Request”. Your claim must be in writing and must at least contain the following information: (i) Your signature and identification, or the ones of the person authorized to act on behalf of You or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that You have a good faith belief that the information provided in Your claim is true and accurate.

Once received, Leaders will investigate Your claim and, if Leaders believes or has reason to believe any content on the Site infringes on another’s copyright or other intellectual property right, Leaders may delete, disable, or otherwise stop displaying such content. Our affiliates, advertisers, partners and third-party syndicated content providers may be adversely affected due to a copyright takedown notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected content to provide them with an opportunity to respond to the takedown claim and provide proof of non-infringement. Leaders will not engage in, or be liable for, any dispute between a User and third-party content owner in any infringement claim or lawsuit arising from content posted on the Site that is not owned by Leaders.  Leaders reserves the right to remove any content posted or published to the Site in its sole discretion. 

7. Content Licenses

1. 1. 7.1.Leaders’ Intellectual Property Rights. 

Your right to access, use, and manipulate the Site, the Services, and if applicable, Your Account, is a limited, non-assignable, royalty-free license provided by Leaders conditioned upon Your compliance with the Terms. Leaders does not grant You any express or implied right to any of Leaders patents, trademarks, copyrights or trade secret information; and You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using Leaders Content to Leaders’ detriment. Please be reminded that we have the discretion to terminate Our license to You at any time for any reason. 

7. 2. User Materials License 

By uploading, posting, publishing, or displaying User Materials to the Site, User acknowledges and consents to having the User Material viewed or accessed by the general public and grant Leaders an unlimited, non-exclusive, sub- licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, communicate, publish, publicly perform, publicly display and distribute such content and represents and warrants to Leaders that User has all rights, authorizations, or otherwise hold sufficient title for any and all User Materials uploaded, posted, published, or displayed to or on the Site.  

This means, for example, that if You share a photo on the Site, You give Us permission to store, copy, and share it with others who access the Site. This license will end when the User Materials are deleted from Your Account or You terminate Your Account. You can delete individual content You share, post, and upload at any time. In addition, all content posted to Your Account will be deleted if you delete Your Account. 

Leaders may, but have no obligation to, remove User Materials and Accounts containing content that we determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property, or these Terms.

7. 3. 7.3.Feedback License

All Users hereby grant Leaders an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know-how that You provide to Leaders regarding the Site or the Services.

8. Courses

Courses are authored, presented, and hosted at the sole liability of their Author or creator. Leaders shall not be liable for any damage, loss, or injury arising out of any Course, including but not limited to Courses held in person or Courses found to violate copyright laws. 

9. Site Support and General Conditions

Support is only provided via Our online virtual help desk. Currently, we do not provide User support via any other channel. You understand that Leaders uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Site and provide the Services. You understand that the technical processing and transmission of the Site, including Your Account and User Materials, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not modify, adapt, reverse-engineer, or hack the Site or modify another website so as to falsely imply that it is associated with Leaders, or any Services provided by Leaders. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services or access the Site or Services without the express written permission by Leaders. 

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Leaders customer, employee, member, or officer, or other User, will result in immediate Account termination.

10. Limitation of Liability

IN NO EVENT SHALL LEADERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSSES, COSTS OR EXPENSES OF ANY KIND RESULTING FROM POSSESSION, ACCESS, USE, INACCESSIBILITY OR MALFUNCTION OF THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF COMPUTER RESOURCES, BUSINESS GLITCH, DEFAMATION, OR LOSS OF DATA (NOTWITHSTANDING THAT WE MIGHT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT LEADERS LEAVING LEGACIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF $500 OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING YOUR LOSS. 

Nothing in these Terms will limit or exclude Our or Your liability for death or personal injury resulting from either party’s negligence; limit or exclude Our or Your liability for fraud or fraudulent misrepresentation; or limit any of Our or Your liabilities in any way that is not permitted under applicable law; or exclude any of Our or Your liabilities that may not be excluded under applicable law.

11. Indemnity

To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Leaders, and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Site or Services; (ii) Your violation of any term of these Terms; (iii) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your User Materials caused damage to a third-party. This defense and indemnification obligation will survive these Terms of service and the cancellation or termination of Your Account, if applicable. Leaders will immediately notify You of any such claim and will provide You (at Your own expense) with assistance in defending the claim. Unless Our prior written consent is first obtained, You will not settle any claim the defense of which we need to participate in. We reserve the right, at Our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by You. In that circumstance, You will be under no obligation to defend Us in that matter.

12. General Provisions

Unless otherwise stated herein, these Terms, together with Leaders’ Privacy Policy and any other legal notices published by Leaders, constitute the entire agreement between You and Leaders and governs Your use of the Site. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. 

Leaders’ failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between User and Leaders is intended or created by these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. 

These Terms will insure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. We reserve the right, at any time, to transfer some or all of Leaders’ assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

13. DISPUTE RESOLUTION/NO CLASS ACTIONS

Unless an alternative dispute resolution process is defined herein, disputes arising from these Terms, including the construction or interpretation thereof, the Site, the Services, or a User’s Account, shall be resolved through binding arbitration conducted in Wisconsin consistent with the rules of the American Arbitration Association. With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial, or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless Leaders agrees otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, You are waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. Before filing any arbitration claim against Us, You agree to solve the dispute amicably by first emailing [email protected]. If we cannot resolve the dispute informally via email, phone or other methods, within 60 days of receipt of Your first email, You or Leaders may then file a formal arbitration claim. 

14. Notices

We may provide You with notices in any of the following methods: (1) via a banner or pop-up on the Site or User Account; (2) by email, sent to the -mail address You provided Us; and/or (3) through any other means, including any phone number or physical address You provided Us. Our notice to You will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice. You agree to receive correspondence from Us by email in accordance with these Terms and applicable law. You consent and acknowledge 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.

15. No Embargo

You hereby represent and warrant that: (i) You are not located in a country that is subject to a U.S.A., European Union or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) You are not listed on any government list of prohibited or restricted parties or activities. Notwithstanding anything else, User may not provide to any person or export or re-export or allow the export or re-export of the Services or any software or anything related thereto or any direct product thereof (collectively “Controlled Subject Matter”), in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. Without limiting the foregoing User acknowledges and agrees that the Controlled Subject Matter will not be used or transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. Use of the Service is representation and warranty that the User is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The Controlled Subject Matter may use or include encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations. As defined in FAR section 2.101, any software and documentation provided by Leaders are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by these Terms and will be prohibited except to the extent expressly permitted by the terms of these Terms. 

16. Equitable remedies

You hereby acknowledge and agree that if these Terms are not specifically enforced, Leaders will be irreparably damaged, and therefore You agree that Leaders shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies via a court of competent jurisdiction with respect to Your breach of any of these Terms, in addition to any other available remedies, prior to commencing any arbitration proceeding.

17. Interpretation

In understanding or interpreting the terms of these Terms: (i) the headings of this document 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 these Terms.

18. Force Majeure

Leaders is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Leaders reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond Our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

19. User Representations and Warranties

You hereby represent, warrant and covenant that: (i) Your use of Our Services,

and all Your uploaded and personal data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to You and Your organization; (ii) You have obtained all necessary rights, releases and permissions to provide any data to Leaders Leaving Legacies and its affiliates, licensors and agents; and to grant the rights granted to Leaders in these Terms, including without limitation any intellectual property rights or rights of publicity, privacy and any use, collection and disclosure authorized.

20. Privacy

Leaders has a written privacy policy accessible via the homepage of the Site or by clicking here https://leadersleadup.com/privacy-policy/. 

21. Cookies 

Leaders uses Cookies to track Your use of the Site. Please refer to Our cookies policy to learn about how Leaders tracks Your Site usage. https://leadersleadup.com/cookies-policy/. 

22. Contact Us

If You have any questions about these Terms, please contact Us at [email protected]. Note that communications made by email or the “Contact Us” page does not constitute legal notice or service of process to Leaders.

This page was last updated on March 23, 2023.