Terms of Service
Dated November 9, 2020
Acceptance of Terms
Welcome to Leoadventures.com (“Site”), a LeoAdventures, LLC Website. These are the terms and conditions (“User Agreement” or “Agreement”) under which we offer you access to our Site.
1. Who May Use the LeoAdventures Site
AGE REQUIREMENT: You must be at least 18 years old to use the LeoAdventures Site. IF YOU ARE UNDER THE AGE OF 18, YOU ARE NOT AUTHORIZED TO USE OUR SITE.
2. General Disclaimers
SITE AS IS: LeoAdventures provides the LeoAdventures Site on an “as is”, “as available”, and “with all faults” basis. You therefore use the LeoAdventures Site at your own risk. LeoAdventures makes no representations or warranties of any kind and expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any other warranty that might arise under any law. The information published on this Site could include technical inaccuracies or typographical errors. LeoAdventures reserves the right to modify the LeoAdventures Site.
VENDOR PRODUCTS: This Site contains products offered by third party vendors. Leoadventures does not warrant any of the vendor products offered for sale on the Site. Each vendor has its own return/exchange/warranty policy which is posted its Site. Any inquiries regarding product returns, exchanges, and/or warranties must be handled with the vendor directly. If you have a dispute with a vendor, LeoAdventures may, as a courtesy, assist in providing the member with any customer service information regarding the particular vendor.
ACCURACY: LeoAdventures makes every effort to display as accurately as possible the colors and information of the products that appear at this Site. However, a user’s monitor will govern the color appearance of our products. Therefore, we cannot guarantee that your monitor’s display of any color will be accurate. In addition, the information on the Site could include inaccuracies or typographical errors. Furthermore, we do not warranty or make any representations regarding the use or the results of the use of the materials on this Site in terms of their correctness, accuracy, reliability, appropriateness, or otherwise. You assume all risks and we do not accept responsibility in this regard.
3. Limitation of Liability and Release
LIMITATION: In no event, including but not limited to negligence, willful misconduct, or strict liability, shall Leoadventures, its employees, subsidiaries, officers, directors, contractors, subcontractors, suppliers, agents, affiliates, successors or assigns be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Site, any other linked website, the services or this Agreement, even if we are expressly advised of such damages.
EXCLUSIONS: Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law. In addition, some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to certain users.
DAMAGES: The term “damages” includes without limitation, attorney fees, lost profits, business interruption, and loss of programs or other data on your information handling system. Notwithstanding this Limitation of Liability, our liability, and the liability of our employees, subsidiaries, officers, directors, contractors, subcontractors, suppliers, agents, affiliates, successors or assigns, to you or any third parties in any circumstance shall be limited to the amount of membership fees you pay to us in the 12 (twelve) months prior to the action giving rise to liability.
RELEASE AND INDEMNIFICATION REGARDING PRODUCT TESTING: Select Members may be asked by our vendors to participate in product testing. Upon your acceptance to participate in such testing, you, for yourself, and on behalf of your family, estate, heirs, executors, trustees, personal representatives, successors and assigns, hereby release, waive, discharge and covenant not to sue LeoAdventures, its members, officers, stockholders, agents, employees, (hereinafter referred to as “Releasees”) from any and all liability, costs or expenses, claims, demands, actions and causes of action whatsoever for any loss, damage or injury, including death, that may be sustained by you, your spouse, child/children, or to any persons or property belonging to you or under your care, custody or control, arising out of or relating to your participation in the product testing, or while in any way engaged with activities related to the product testing, wherever, whenever, or however the same may occur, regardless of who is at fault and including as a result of the negligence or fault of any of the Releasees.
Furthermore, you agree to indemnify, save and hold harmless the Releasees and each of them, from any and all losses, liabilities, damages or costs they may incur due to my participation in the product test, whether caused by the negligence of any or all of the Releasees, or otherwise, and to reimburse the Released Parties for any costs and expenses, including, without limitation, attorneys’ fees, incurred in defending such actions.
5. Account Registration
REGISTRATION: To purchase products from this Site, you must complete the Membership Application.
USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the LeoAdventures Site. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at [email protected].
NON-COMMERCIAL USE: Use of the Site is for personal use only. You may not use the Site in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Site to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Site for any purpose unless expressly authorized by LeoAdventures. If you wish to inquire about possible commercial use, please contact us at [email protected].
LeoAdventures may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site.
6. Rights in Submissions and Product Testing Feedback
LICENSE REGARDING SUBMISSIONS GENERALLY: As between you and LeoAdventures, you own all content that you submit to LeoAdventures, whether directly via the LeoAdventures Site or indirectly (for example, via Facebook). However, it is important that you understand that by posting a submission to LeoAdventures, you are granting LeoAdventures and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display, and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.
You further grant all users of the LeoAdventures Site permission to view your content for their personal, non-commercial purposes. If you make suggestions to LeoAdventures on improving or adding new features to the LeoAdventures Site, LeoAdventures shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to LeoAdventures and grant the licenses set forth above; (ii) LeoAdventures will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
RIGHTS IN PRODUCT TESTING FEEDBACK: Selected Members may be invited to participate in product testing with our vendors. In consideration for the right to use such products, the vendor may ask you to provide feedback on the product’s performance and other features within a specified timeframe. You hereby agree to provide the appropriate feedback within the allocated timeframe. Your feedback will be in the form of responses to questions and any requested photos and/or videos (“Feedback”). You grant LeoAdventures and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display, and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you.
7. Code of Conduct; Content Restrictions; and Prohibited Activities
Code of Conduct. In using the LeoAdventures Site, you must behave in a civil and respectful manner always. LeoAdventures reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms. Your use of the Site must comply with all applicable laws and regulations.
Content Restrictions. You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that infringes any third party’s copyrights or other rights; contains sexually explicit content or pornography; contains hateful, defamatory, or discriminatory content; harasses or intimidates another; exploits minors; depicts unlawful acts or violence; contains video, audio photographs, or images of another person without his/her permission; contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; contains deceptive or false information; contains “spam”.
Prohibited Activities. In addition, it is strictly prohibited to “frame” or “mirror” any part of the Site; use meta tags or code or other devices containing any reference to LeoAdventures, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of ours) to direct any person to any other website for any purpose; modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software or materials used on or for the Service or the Site, or cause others to do so; post, use, transmit or distribute, directly or indirectly, in any manner or media any content or information obtained from the Site other than solely in connection with your use of the Site in accordance with this Agreement; collect information about others; advertise or solicit others to purchase any product or service within the Site; promote fraudulent schemes; Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and/or participate in any activity that in any way violates any law.
Our Right to Monitor and Remove Content. LeoAdventures has the right, but not the obligation, to monitor all conduct on and content submitted to the LeoAdventures Service. LeoAdventures reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
LeoAdventures reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site and terminating or suspending the account of such violators. You agree that LeoAdventures may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of our Company or any other person.
8. Copyright Infringement/DMCA Policy
LeoAdventures respects the intellectual property of others, and we ask our users to do the same. LeoAdventures will promptly remove materials from the LeoAdventures Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. LeoAdventures will respond as quickly as practical to claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please contact our Copyright Agent as follows:
Email: [email protected]
LeoAdventures Copyright Agent
PO Box 13802
Mill Creek, WA 98082
9. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the LeoAdventures Site and continues as long as you have an account with us or access the Site.
ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account that remains inactive (i.e., the user fails to log in) for a continuous period of at least twelve (12) months, or immediately when the membership expires, is withdrawn or otherwise ceases.
TERMINATION FOR BREACH: LeoAdventures may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if LeoAdventures determines that you have violated any provision of this Agreement or any of the LeoAdventures Agreements or that your conduct or content would tend to damage LeoAdventures’s reputation or goodwill. LeoAdventures may block your email address and Internet protocol address to prevent further registration. LeoAdventures is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
You may terminate this Agreement at any time. If LeoAdventures suspects a member of violating this Agreement or any LeoAdventures Agreements or believes that your conduct or content would tend to damage LeoAdventures’s reputation or goodwill, it reserves the right, at its sole discretion, to suspend, terminate or modify the member’s access to this Site without notice or refund. If LeoAdventures solely determines that a violation has occurred by a member (such as, but not limited to fraud, abuse of the Site, resale of goods, sharing of membership codes/passwords), LeoAdventures may be entitled to damages pursuant to the Membership Agreement. Upon termination of this Agreement or any LeoAdventures Agreement by either you or LeoAdventures you must promptly destroy all codes, passwords, and other data downloaded or otherwise obtained from this Site, as well as all copies thereof. Upon termination, for any reason, all terms of the LeoAdventures Agreements survive termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
You agree to indemnify, defend, and hold harmless LeoAdventures and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the LeoAdventures Site; or (ii) assert a violation by you of any term of this Agreement. LeoAdventures reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LeoAdventures in connection therewith.
11. License to Use the LeoAdventures Site
LICENSE: Pursuant to Section 7, LeoAdventures grants you a limited, non-exclusive license to access and use the LeoAdventures Site for your own personal, non-commercial purposes. This includes the right to view content available on the LeoAdventures Site. This license is personal to you and may not be assigned or sublicensed to anyone else. All rights not expressly granted by LeoAdventures are reserved.
Your use of the LeoAdventures Site through any applications or device constitutes your agreement to be bound by these Terms.
Any LeoAdventures application, regardless of the manner and means in which it is downloaded is licensed, not sold, to You for use only under these Terms. LeoAdventures reserves all rights not expressly granted to You.
12. Intellectual Property
LeoAdventures owns and retains all proprietary rights in the Site, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the service, without first obtaining the prior written consent of LeoAdventures or, if such property is not owned by LeoAdventures, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
13. Third Party Links and Content
When you access LeoAdventures’s Vendors on the Site, you will leave the LeoAdventures Site in order to access a linked site (the “Linked Sites”). LeoAdventures does not control Linked Sites, nor has LeoAdventures reviewed or approved the content which appears on the Linked Sites. LeoAdventures is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any Linked Sites, or the conduct of such Linked Sites. You acknowledge and agree that LeoAdventures 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 any of the Linked Sites, content, goods or services available on or through the Linked Sites.
14. General Provisions
DISPUTE RESOLUTION, ARBITRATION AND GOVERNING LAW:
Any dispute, claim, or controversy arising out of or relating to this Agreement, the Service, or the Site shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. Judgment upon the award rendered in arbitration shall be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recover attorney fees and costs in connection with the action. You may not under any circumstances commence or maintain against LeoAdventures or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site in any manner, you agree to the above mediation and arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and LeoAdventures or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against LeoAdventures may be commenced only in the federal or state courts located in Snohomish County, Washington. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and LeoAdventures, shall be governed by the laws of the state of Washington without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by LeoAdventures in exercising any right hereunder will waive any further exercise of that right. LeoAdventures’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without LeoAdventures’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from LeoAdventures electronically. LeoAdventures may provide all such communications by email or by posting them on the LeoAdventures Service. For support-related inquiries, you may send an email to [email protected] or the following address:
PO Box 13802
Mill Creek, WA 98082
MODIFICATION: Leoadventures reserves the right to revise the Leoadventures Agreements without notice and by using this site subsequent to the revisions; you agree to be bound by such changes. If you find any provision in any of the Leoadventures Agreements unacceptable, you must immediately terminate your use of this Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
END OF DOCUMENT.