Just Leap In

LEAP IN ENTERTAINMENT INC.
"LEAP IN"
SITE TERMS

Welcome to Leap In's Web site "Just Leap In" (the "Site")!Whether or not you are a registered user of the Site, these terms of use ("Site Terms") apply exclusively to your access to, and use of, the Site so please read them carefully.

Leap In reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site.  Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the Site Terms that apply to your use of the Site.

BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE SITE TERMS, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NO ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

If you have any question regarding use of the Site, all questions or comments about the Site or its contents should be directed to the Policy Officer at PolicyOfficer@justleapin.com.

Children

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent and are fully able and competent to understand, enter into, and comply with these Site Terms. You also affirm that you are over 13 years of age. If you are under 13 years of age, you may not use the Site.

Leap In cannot guarantee that minors do not gain access to the Site, or to Content (defined below) that parents or guardians consider inappropriate or objectionable.

Incorporated Policies or Terms

Privacy Policy. Leap In believes strongly in protecting user privacy and providing you notice of Leap In's collection and use data, including personally identifying information, collected from the Site. Therefore, Leap In has adopted a Privacy Policy that you should refer to fully understand how Leap In uses and collects information.

License and Site Access

In order to use the Site, a software plug-in (the "Plug-In") provided by Leap In must be installed on your computer or other device you use to access the Site, and thereafter be updated from time to time by Leap In via online download, and files and information cached on your computer's hard drive, or else a viewer (the "Viewer", and together with the Plug-In and the software forming and supporting the Site's online environment, the "Leap In Software") provided by Leap In must be used.

Leap In grants you a limited, non-exclusive, revocable, non-transferable license to make personal use only of the Site and the Leap In Software, subject to these Site Terms. Such grant does not include, without limitation, (a) any resale or commercial use of the Leap In Software, the Site, or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Leap In Software, Site or its contents; or (d) use of any data mining, robots, or similar data gathering any extraction methods, in all cases other than as may be expressly permitted in writing by Leap In or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Leap In or any third party.

Some of the services offered by the Site are free of charge, while others may cost money or have other requirements. Any such fees or requirements will be clearly explained and separately agreed to when you subscribe to such services.

Leap In does not provide Internet access to the Site. You are responsible for all fees for Internet access.

You may not use, frame or utilize framing techniques to enclose any Leap In trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Leap In's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Leap In name, trademark, or product name without Leap In's express written consent.

You will not assemble, reverse engineer, decompile, or otherwise attempt to derive source code or create derivative works from the Leap In Software or any component thereof (except as permitted under applicable local law after having given Leap In written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability). You will not loan, sell, rent, lease, sublicense, grant a security interest in, distribute or otherwise transfer rights to the Leap In Software, in whole or in part. You may not copy the Leap In Software, except that you may copy the Plug-In for back-up purposes.

Any unauthorized use of this Site or the Leap In Software will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Account Registration

You will be required to open a user account to use the Site, except for those uses for which Leap In does not require you to have an account. You will receive a password and account designation when you create an account. You agree:

  • 1. to provide true, accurate, current and complete information about yourself;
  • 2. that you are responsible for all costs and charges you may incur under your password and account in order to use the Site;
  • 3. you are fully responsible for all activities that occur under your password and account, and you accept all liability for any acts or omissions that occur under your account or password, even if such acts or omissions are not specifically authorized by you;
  • 4. you will immediately notify Leap In of any unauthorized use of your password or account or any other breach of security; and
  • 5. you are fully responsible for managing your password and account, including but not limited to maintaining the confidentiality of passwords and/or any account information; and maintaining and promptly updating your account information to keep it true, accurate, current and complete.

You may cancel your account at any time. There will be no refunds for any unused time or any reason, including Site downtime or suspension or termination of your account due to your violation of these Site Terms. You may not transfer your account to any other person, except with Leap In's consent.

Code of Conduct

This Site includes interactive areas and discussion forums, including chat rooms and bulletin board services. The Site may only be used for non-commercial purposes, unless you have Leap In's express written permission for commercial use. By using the Site, you agree not to do any of the following:

  • Upload to, distribute or otherwise publish through this Site any message, data, information, graphics, music, video, images, audio, computer programs, text or other material ("Content") that is unlawful, libellous, defamatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethically, or otherwise objectionable;
  • Upload to, distribute or otherwise publish through this Site any Content that is obscene, pornographic, indecent, lewd or otherwise objectionable to any person who has not given specific permission or does not have notice of such Content, or which is outside of your private areas of the Site;
  • Upload or transmit any Content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  • Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
  • In any way interfere with anyone's use or enjoyment of the Site, including behaving in a manner that is unwelcome (including unwelcome sexual advances), is harassing, is intimidating, is threatening, is physically aggressive, constitutes an assault or attack, is invasive of another's privacy (including sharing information about others that is false or, without their express or implied consent, personal), is disruptive of other's activities on the Site, is damaging to another's property, is stalking, or is otherwise offensive or likely to cause harm or discomfort;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity without their consent; and
  • Without Leap In's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam to any person who has not given specific permission.

By posting or disclosing personal information about others, you represent and warrant that you have obtained the consent of the other person to make such use or disclosure, where such consent is required by applicable privacy laws.

Any interaction, correspondence or personal or business dealings with any third parties using the Site or found on or through the Site are solely between you and such parties. Leap In is not responsible for any damages you may suffer by entering into such transactions or communications. You and the third party, not Leap In, are responsible for compliance with all laws applicable in any such transaction or communication.

You may remove Content at any time, but you acknowledge that Leap In may retain archived copies of your User Inventory (defined below).

YOU SHOULD RETAIN COPIES OF ALL USER MATERIALS TO WHICH YOU MAY REQUIRE ACCESS IN THE FUTURE. LEAP IN IS NOT OBLIGATED TO RETURN ANY USER MATERIALS OR ANY OTHER ITEMS (WHETHER VALUABLE OR NOT) YOU MAY ACQUIRE WHEN USING THE SITE. LEAP IN MAY DELETE, ALTER OR TRANSFER ANY USER MATERIALS AND ANY OTHER ITEMS RESIDING ON ITS SERVERS AT ANY TIME AND FOR ANY REASON IN ITS SOLE DISCRETION, WITHOUT ANY LIABILITY TO YOU.

Leap In takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Leap In is only a forum and is not liable for any statements, representations, or Content provided by its users in any public forum or personal home page.

Enforcement. Leap In has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas. Leap In may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. Leap In reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions, is flagged as prohibited or offensive by other users, or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Leap In's systems and customers, or to ensure the integrity and operation of Leap In's business and systems, Leap In may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. Leap In's right to disclose any such in formation will govern over any terms of Leap In's Privacy Policy.

Responsibility for Your Conduct. You will remain solely liable for the content of any User Inventory or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site, and for all your activity on the Site including any interaction, correspondence or personal or business dealings with any third parties using the Site or found on or through the Site. You agree to indemnify and hold harmless Leap In from any claim, action, demand, loss, or damages (including reasonable legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative works, pictures, videos, music, images or other materials and information, uploaded by you or provided by you in the form of e-mail or submissions to Leap In, or postings on this Site (collectively, the "User Inventory"), are non-confidential (subject to Leap In's Privacy Policy). By submitting the User Inventory to Leap In, you grant to Leap In the perpetual, irrevocable, non-exclusive, transferable, worldwide, royalty-free and fully paid-up license (with the right to sublicense) to host, modify, publish, create derivative works of and otherwise use and exploit the User Inventory in connection with the Site, its use by you and other users, and the support, maintenance, management and promotion thereof. You consent to the publication and use of your image and likeness in connection with the Site, its use by you and other users, and the support, maintenance, management and promotion thereof. The submission of any User Inventory to Leap In, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. Subject to the foregoing, as between Leap In and yourself, you will retain ownership and all related rights in the User Inventory.

System and Network Security

You are prohibited from violating the security of any system or network comprising the Site. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Site or to breach security or authentication measures;
  • Unauthorized monitoring of data or traffic on the Site;
  • Interference with the Site including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks;
  • Forging of any packet header, e-mail header or any part of a message header;
  • Using manual or electronic means to avoid any use or access limitations placed on the Site;
  • Uploading, posting or otherwise transmitting any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • Interfering with the operation of the Site, or using the Site to gain unauthorized access to other computer systems.

Ownership and Copyright

As between Leap In and you, title to and ownership of all rights in and to the Leap In Software and the Site, including copyright and all other intellectual property rights, will at all times remain with Leap In and/or its licensors.

All copyrighted and copyrightable materials on this Site, including, without limitation, the Leap In logo, design, text, graphics, pictures, sound files and other files and the selection and arrangement thereof other than User Inventory ("Works") are ALL RIGHTS RESERVED Leap In Entertainment Inc. © 2007 and/or its licensors. Except as stated herein, none of the Works may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Leap In or the respective copyright owner. Permission is granted by Leap In to display, copy, distribute and download the Works on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Leap In or the respective copyright owner, (a) copy, publish, or post any Works on any computer network or broadcast or publications media, (b) modify the Works, and (c) remove or alter any copyright and other proprietary notices contained in the Works.

Copyright Complaints

Notification of Infringement. Leap In respects the intellectual property of others, and expects all users of the Site to do the same. Allegedly infringing materials on the Site may be removed or suspended at any time. Repeated infringement by a user of the Site may, in appropriate circumstances, result in a termination of that user's access to and use of the Site.

If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement or is otherwise an infringement of your intellectual property rights, please provide Leap In's Copyright Agent the following written information:

  • 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • 2. A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
  • 3. A description of where the material that you claim is infringing is located on the Site, with enough detail that Leap In may find it on the Site;
  • 4. Your address, telephone number, and e-mail address;
  • 5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Leap In's Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:

Copyright Agent
Leap In Entertainment Inc.
Address: 915-1045 Howe Street, Vancouver, BC, Canada, V6Z 2A9
Phone:(604) 736-9675
Fax:(604) 909-4718
E-mail: CopyrightAgent@justleapin.com

Counter-Notification. If you elect to send Leap In a counter notification (i.e. in the event Leap In has taken down or disabled access to material that you have contributed to the Site in response to a notice of its infringement), to be effective it must be a written communication provided to Leap In's Copyright Agent that includes substantially the following:

  • 1. An electronic or physical signature of the person authorized to act on behalf of the user;
  • 2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • 3. a statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • 4. your name, address, and telephone number; and
  • 5. a statement that you consent to the jurisdiction of the Federal Court in the district in which your address is located or, if your address is outside the United States, that you consent to any jurisdiction where Leap In may be found, and that you will accept service if process originates from the complainant who provided an Infringement Notice or from the agent for such person.

Such counter-notification should be sent to Leap In's Copyright Agent at:

Copyright Agent
Leap In Entertainment Inc.
Address: 915-1045 Howe Street, Vancouver, BC, Canada, V6Z 2A9
Phone:(604) 736-9675
Fax:(604) 909-4718
E-mail: CopyrightAgent@justleapin.com

Trademarks and Service Marks

The Leap In logo and the products and services described in this Site, including without limitation "Just Leap In", are either trademarks, service marks or registered trademarks of Leap In and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Leap In or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Leap In, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Leap In. All other trademarks, registered trademarks, product names and names or logos mentioned herein are the property of their respective owners.

Linking

Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Leap In or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use any Leap In logo or other proprietary graphic or trademark of Leap In to link to this Site without the express written permission of Leap In. This limited right may be revoked at any time.

Third-Party Links. Leap In makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Leap In and Leap In is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Leap In is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Leap In of the site or any information contained therein. When leaving the Site to another website, you should be aware that Leap In's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Export Restrictions

Any software, including without limitation the Plug-In, and all underlying information and technology downloaded from this Site (collectively the "Downloaded Software") by you may be subject to government export controls and may be subject to government export and import regulations. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Downloaded Software to any county, or to any person, entity, or end-user prohibited by export controls. You further represent and warrant that no government agency has suspended, revoked or denied your export privileges.

Operation and Maintenance of the Site

Leap In operates the Site in a commercially reasonable manner and may from time to time interrupt the Site's services for regular and emergency maintenance. Where Leap In has advance knowledge of any interruption to the Site's services, Leap In will make reasonable efforts to provide notice to you of any such interruption, such as by posting online information of the interruption.

Disclaimers

"AS IS" BASIS. THE LEAP IN SOFTWARE, THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED OR STATUTORY. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR LEAP IN SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH OR IN CONNECTION WITH THIS SITE, IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER. LEAP IN DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE LEAP IN SOFTWARE AND THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. LEAP IN DOES NOT REPRESENT OR WARRANT THAT THE LEAP IN SOFTWARE OR MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. LEAP IN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE LEAP IN ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE AND THE LEAP IN SOFTWARE IS SAFE, LEAP IN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE LEAP IN SOFTWARE OR THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Leap In reserves the right to change any and all content contained in this Site and to block or prevent future access to and use of the Site, including discontinuing the Site in whole or in part, in which case you will not be entitled to any refund of fees paid for use of the Site at any time without notice.

Limitation of Liability

IN NO EVENT WILL LEAP IN BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE OR LACK OF AVAILABILITY OF YOUR COMPUTER FACILITIES, LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR LOSS OF DATA WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE LEAP IN SOFTWARE OR THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE EVEN IF LEAP IN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF LEAP IN (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE LEAP IN SOFTWARE AND THE SITE EXCEED $50.00 OR THE COMPENSATION YOU PAID LEAP IN, WHICHEVER IS GREATER.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations, may not apply to you, and you may have additional rights to those contained herein.

Applicable Law and Disputes

These Site Terms will be governed by and construed in accordance with the Province of British Columbia, and the federal laws of Canada applicable therein, without regard to conflicts of law principles that would apply a different body of law. The International Sale of Goods Act of British Columbia and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Site Terms or to the transactions contemplated by these Site Terms or otherwise to create any rights or to impose any duties or obligations on any party to these Site Terms. All disputes arising out of or in connection with these Site Terms, or in respect of any defined legal relationship associated therewith or derived therefrom, will be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules.  The place of arbitration will be Vancouver, British Columbia, Canada. Notwithstanding the foregoing, nothing in these Site Terms will prevent Leap In from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over you or otherwise over such subject matter.

Court Jurisdiction

Subject to the foregoing provision "Applicable Law and Disputes", the parties irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts and appellate courts of British Columbia with respect to any legal action or proceeding which may be brought at any time relating in any way to these Site Terms. Each of the parties irrevocably waives any objection it may now or in the future have to the venue of any such action or proceeding, and any claim it may now or in the future have that any such action or proceeding has been brought in an inconvenient forum.

Jurisdiction

Leap In makes no representation that the Site is appropriate or available for use in all locations, and accessing the Site from territories where the Site or its content is illegal is prohibited. If you choose to access the Site from such a location, you do so on your own initiative and you are responsible for compliance with local laws.

Termination

Notwithstanding any of these Site Terms, Leap In reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Severability

If any provision of these Site Terms will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Site Terms and will not effect the validity and enforceability of any remaining provisions.

English Language

You agree that these Site Terms will be in English. All notices and other communications under these Site Terms will be in English. All legal proceedings and arbitrations will be conducted in English.

Waiver

No failure or delay on the part of any party in exercising any power or right under these Site Terms will operate as a waiver of such power or right. No single or partial exercise of any right or power under these Site Terms will preclude any further or other exercise of such right or power. No modification or waiver of any provision of these Site Terms and no consent to any departure by any party from any provision of these Site Terms will be effective until the same is in writing. Any such waiver or consent will be effective only in the specific instance and for the specific purpose for which it was given. No notice to or demand on any party in any circumstances will entitle such party to any other or further notice or demand in similar or other circumstances.

Force Majeure

The failure or delay of Leap In to perform any obligation under these Site Terms due to any circumstance beyond its reasonable control ("Force Majeure"), including but not limited to acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labour disputes or disturbances, fire, transportation contingencies, shortage of facilities, labour or materials, or laws, regulations, acts or orders of any governmental agency or official, other catastrophes, or failures or fluctuations in electrical power or telecommunication services or other similar utilities, will be deemed not to be a breach of these Site Terms.

Assignment

You may not assign these Site Terms in whole or in part without the prior written consent of Leap In.  Any attempt by you to assign any of the rights or to delegate any of the duties or obligations of these Site Terms without such prior written consent is void.

Leap In may, without your consent, assign these Site Terms and any of its rights and obligations to an affiliate or subsidiary, or as part of the sale of all or any part of the business or assets of Leap In, or pursuant to any merger, consolidation, business combination or other reorganization of Leap In, whether by plan of arrangement or otherwise.

Headings and Captions

The headings and captions of sections and paragraphs contained in these Site Terms are all inserted for convenience of reference only and are not to be considered when interpreting these Site Terms.

Entire Agreement

These Site Terms and any incorporated policies or terms supersede all previous invitations, proposals, letters, correspondence, negotiations, promises, agreements, covenants, conditions, representations and warranties with respect to the subject matter of these Site Terms. There is no representation, warranty, collateral term or condition or collateral agreement affecting these Site Terms, other than as expressed in writing in these Site Terms. No trade terms or trade usages are to be incorporated by reference implicitly or otherwise into these Site Terms, unless expressly referred to in these Site Terms.