Last Revised: October, 2018
1. YOUR ACCEPTANCE
2. WEBSITE ACCESS
(i) Your use of the Website as permitted is solely for your or your internal company’s use and not on behalf of, or for the benefit of any third party;
(ii) You will not copy or distribute any part of the Services in any medium without Etleap’s prior written authorization; and
Etleap also reserves the right to suspend or terminate a user’s access to the Services at any time in its sole discretion and without prior notice.
You agree not to use or launch any automated system or technological devices or programs that access the Services in a manner that sends more request messages to the Etleap servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You further agree not to access, monitor or copy any content or data contained in the Services or the Website using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, Etleap grants the operators of public search engines permission to use spiders to copy materials from the public areas of the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Etleap reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
3. THIRD PARTY WEBSITES
The Website may contain links to third party websites that are not owned or controlled by Etleap. Etleap has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any third party website. You acknowledge and agree that Etleap is not responsible for the content on the Internet or on webpages that are contained outside the Services.
By using the Website and/or the Services, You specifically release Etleap from any and all liability arising from Your access or use of any third party website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or through the Services, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third parties.
4. INTELLECTUAL PROPERTY RIGHTS
The content of the Website (the “Content”) including without limitation, all text, graphics, images, photos, computer code, software, scripts, multimedia files, interactive features trademarks, service marks and logos, other than User Data (as defined below), is owned by or licensed to Etleap, and is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Content on the Website is provided to You “as-is” for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Etleap or as expressly provided herein or in the applicable Service Agreement. Etleap reserves all rights not expressly granted in and to the Services and the Content contained therein.
You agree not to engage in the use, copying, or distribution of any of the Content (other than Your User Data) for any commercial purposes. You understand that Etleap owns the Services and the Website, and You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided herein), create derivative works based on, or otherwise exploit any aspect of the Services or the Website. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services, the Website or the Content.
5. USER DATA
You (as an employee, agent or principal of our business customer) are responsible for all data processed, submitted or uploaded by You to or through the Services and/or the Website, whether on Your own behalf or on behalf of your employer, principal or your business entity, and Etleap does not assume responsibility for or endorse any of the information, material, or content processed, submitted or uploaded by You or other users of the Services and/or the Website (“User Data”).
6. RULES OF CONDUCT
The following rules of conduct apply to Your use of the Services and the Website.
You may not, in connection with the Services or the Website, directly or indirectly and whether in connection with Your User Data or otherwise:
Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;
Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;
Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation, or otherwise engage in commercial activities within Etleap;
Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;
Impersonate any person or entity (brand, company, product), or otherwise misrepresent Your affiliation with a person or entity;
Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation, including any applicable export control laws;
Provide false or deceptive information;
Solicit personal information from anyone under 18;
Breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Jeopardize the security of Your account or anyone else’s;
Violate the security of any computer network or attempts, in any manner to obtain the password, account, or other security information from any other user; or
Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
7. MODIFICATIONS TO THE WEBSITE
Etleap reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) and/or the Website with or without notice. Etleap shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services or the Website other than as provided in the Service Agreement.
Termination of Your Etleap account includes: (i) removal of access to all pages within the Website; (ii) deletion of Your password and all related information, files and materials, including User Data associated with or inside Your account (or any part thereof); and (iii) barring of further use of the Services. Further, You agree that all terminations for cause shall be made in Etleap’s sole discretion and that Etleap shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Services.
9. WARRANTY DISCLAIMER
10. UNAUTHORIZED ACCESS
THE WEBSITE IS NOT ABSOLUTELY PROTECTED AGAINST UNAUTHORIZED THIRD PARTIES. YOU ACKNOWLEDGE THAT ANY INFORMATION PROVIDED THROUGH THE INTERNET MAY BE POTENTIALLY ACCESSED BY UNAUTHORIZED THIRD PARTIES. ALTHOUGH ETLEAP WILL MAKE REASONABLE EFFORTS TO PROTECT THE PRIVACY OF USERS OF THE WEBSITE, NO GUARANTEE CAN BE MADE THAT UNAUTHORIZED THIRD PARTIES WILL NOT ACCESS THE CONTENT OR INFORMATION CONTAINED ON THE WEBSITE. YOU ACKNOWLEDGE THAT ETLEAP IS NOT RESPONSIBLE FOR NOTIFYING YOU THAT UNAUTHORIZED THIRD PARTIES HAVE GAINED SUCH ACCESS OR THAT ANY DATA HAS BEEN OTHERWISE COMPROMISED DURING TRANSMISSION ACROSS COMPUTER NETWORKS OR TELECOMMUNICATIONS FACILITIES, INCLUDING, BUT NOT LIMITED TO, THE INTERNET.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL ETLEAP, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF ETLEAP, BE LIABLE TO YOU FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER 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 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, 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, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO ETLEAP IN CONNECTION WITH THE WEBSITE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR © ANY MATTER BEYOND ETLEAP’S REASONABLE CONTROL. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ETLEAP SHALL NOT BE LIABLE FOR USER DATA OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Services are controlled and offered by Etleap from its facilities in the United States of America. Etleap makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. DAMAGES AND REMEDIES
16. OWNERSHIP OF THE WEBSITE
The Website, including the Content, is owned by Etleap, Inc. No portion of the Website or the Content may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Etleap. Notwithstanding the aforementioned, User Data are the property of the applicable users or their employer or clients.
All of the Etleap trademarks, including but not limited to Etleap™, are owned by Etleap, Inc. and may not be used for any purpose without the prior written permission of Etleap.