Website Terms of Use

These Terms of Use (“Terms of Use”) apply to Leap, LLC’s (“Leap”) website located at www.leaptodigital.com and www.jobprogress.com and all associated sites linked to www.leaptodigital.com and www.jobprogress.com (collectively, the “Website”) by Leap, its subsidiaries and affiliates, which is the property of Leap and its licensors or partners. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE

1. License And Site Access

Leap hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use this Website and the Leap services for your own personal, non-commercial purposes, subject to these Terms of Use. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout and form) of Leap and/or its affiliates, or use any meta tags or any other “hidden text” utilizing Leaps ‘s name or Marks without the express written consent of Leap. Any unauthorized use terminates the limited license granted by Leap.

2. Changes to the Terms of Use

Leap reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Leap grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

3. Electronic Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Leap, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Leap’s express prior written consent.

You may use information on the Leap products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Leap for downloading from the Website, provided that you:

(1) do not remove any proprietary notice language in all copies of such documents,

(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,

(3) make no modifications to any such information, and

(4) not make any additional representations or warranties relating to such documents.

5. Prohibited Use of the Website

You may use the Website only for lawful purposes and in accordance with these Terms of Use. By accessing the Website, you agree that you will not:

• Use the Website in violation of these Terms of Use;
• Take any action that is contrary to Leap’s public image, goodwill or reputation;
• Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content;
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Leap’s systems or networks, or any systems or networks connected to the Website;
• Mirror or frame the Website or any part of it on any other web site or web page;
• Reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
• Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Leap server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means;
• Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
• Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Leap, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful or which interferes or attempts to interfere with the proper working of the Website or with any other person’s use of the Website;
• Use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Content or the Website without our express written permission;
• Infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• Express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
• Violate any applicable law, statute, ordinance or regulation;
• Take any action that is libelous, defamatory, threatening, harassing, abusive, tortious, pornographic or obscene;
• Take any action that is hateful or discriminatory based on factors such as race, religion, gender, sexual orientation, national origin and other legally protected characteristics;
• Transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Leap on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity; and
• Use the Website for any purpose or in any manner that is unlawful or solicit the performance of any illegal activity or other activity that infringes the rights of Leap or others, including without limitation, child or animal abuse, violence, illegal drug use, and underage drinking

6. Copyrights and Trademarks

The Website, including all intellectual property rights in the Website, belongs to and is the property of Leap or its licensors (if any). Leap owns and retains all copyrights in the Content. Leap, the Leap logos, designs and other marks used from time to time by Leap are trademarks and the property of Leap. The appearance, layout, color scheme, and design of the leaptodigital.com site are protected trade dress. Leap may use and incorporate into the Website or the Leap service any suggestions or other feedback you provide, without payment or condition. No right, title, or interest in or to the Website or any Content is transferred to you, and all rights not expressly granted are reserved by us.

7. Account Creation

If you create an account on this Website you agree to accept responsibility for all activities that occur under your account and you shall be solely responsible for maintaining the confidentiality of your login and password information and for restricting access to your account. Minors under the age of 18 may only create an account with the approval of a legal guardian. Leap reserves the right to refuse services, terminate an account, remove or edit content, and cancel services in our sole discretion.

8. Information and Materials You Post or Provide

Our platform allows you to post, upload, or otherwise submit materials (“Your Content”). You represent that you have all right, title, and interest to Your Content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit Your Content, and that posting Your Content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that Your Content does not violate these Terms of Use or our Copyright and Trademark policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person, individual, or entity by reason of Your Content. You agree that we may remove Your Content in whole or in part if it, in whole or in part, for any reason including any violation of our Terms of Use or any other of our terms and conditions or policies.

Leap acknowledges and agrees that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph below, and that no ownership of such copyrights is transferred to us under this Agreement. Further, with respect to Your Content in the form of photos: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos.

You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, including in the event of termination of any applicable Leap program or service, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.

You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorized to submit, and that the posted Materials do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the Materials you supply do not violate these Terms of Use.

9. Links to Third-Party Web Websites

Links on the Website to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Leap of the third-party, the third-party web site, or the information there. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites. Leap is not responsible for the availability of any such websites.

10. Cookies

Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide various features from the Website. The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, by changing the add-on’s settings or visiting the website of its manufacturer. Because cookies allow you to take advantage of some of the essential features on the Website, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to view the Website’s interactive features.

11. Disclaimers; Limitations of Liability

LEAP DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LEAP CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

LEAP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LEAP AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE WEBSITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LEAP IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEAP AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF LEAP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. Indemnification

You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify, defend and hold harmless Leap, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, directors, officers, managers, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Website or the Content, or any violation by you of these Terms of Use.

13. Privacy

Leap is committed to protecting all personal information on the Website. Leap’s Privacy Policy applies to use of this Website, and its terms are a part of these Terms of Use by this reference. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

14. Additional Terms of Service

If you are a customer of Leap or an employee, representative or agent of a Leap customer, your access of the Leap Service is subject to Leap’s End User License Agreement, available at https://www.jobprogress.com/mastersubscriberagreement.pdf.

Additional terms and conditions may apply to licensing of products or services and to specific portions or features of the Website, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

Leap may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Leap makes no commitment to update the materials on the Website with respect to such products and services.

15. General Provisions

1. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Leap of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
2. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Leap therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Leap does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
3. Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Leap’s Privacy Policy, your use of the Website, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Maryland, without regard to any conflict of law’s provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Maryland in the event of any dispute of any kind arising from or relating to these Terms of Use, our Privacy Policy, your use of the Website or the Content

Claims of Copyright Infringement

DMCA Notices

Leap respects the intellectual property rights of others, and we ask our users to do the same. If you infringe copyrights or other intellectual property rights of others, Your Content may be removed or suspended in whole or part. It is our policy, in appropriate circumstances and our discretion, to disable and/or terminate accounts of users who repeatedly infringe or are charged repeatedly with infringing the copyrights or other intellectual property rights of others.

If you believe in good faith that materials hosted by us infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complaining Party”);
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Leap to locate the material;
4. Information reasonably sufficient to permit Leap to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be advised that Leap will not respond to complaints that do not meet these requirements. These requirements are guided by the Digital Millennium Copyright Act (the “DMCA”). If Leap determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Leap will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information

1. Your name, address and telephone number;
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 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. A statement that the you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Leap may be found, and that you will accept service of process from the Complaining Party; and
5. A physical or electronic signature (for example, typing your full name).

Notices and counter-notices with respect to claims of copyright infringement must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Agent to Receive Notices of Claimed Infringement:
Techteam@leaptodigital.com
DMCA Complaints
Leap, LLC
8820 Columbia 100 Pkway Suite 300
Columbia, MD. 21045