Welcome to Leaf Education Technologies, Inc. ("Leaf"). By accessing or using our Service, you agree to comply with and be bound by the following terms and conditions. Please read them carefully as they contain important information regarding your legal rights, remedies, and obligations.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural. These definitions are provided to ensure clarity and understanding throughout these Terms and Conditions.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Country refers to: Georgia, United States
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Leaf Education Technologies, Inc., 1700 Northside Drive, Suite A7 PMB 556, Atlanta, GA 30318.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
- Goods refer to the items offered for sale on the Service.
- Orders mean a request by You to purchase Goods from Us.
- Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- Service refers to the Website. This includes all functionalities, features, and content provided by the Company.
- Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
- Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.
- Website refers to Leaf, accessible at https://leaf.study
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. Your continued use of the Service signifies your acceptance of the Privacy Policy.
Eligibility
You must be at least 16 years old to access and use our Service. By accessing or using the Service, You represent and warrant that You are at least 16 years of age. If You are between 16 and 18 years of age, You represent that You have obtained parental consent to use the Service and that Your parent or guardian has read and agreed to these Terms and Conditions on Your behalf.
You affirm that You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
You agree to comply with all local, state, national, and international laws, rules, and regulations applicable to Your use of the Service. Any use of the Service where prohibited by applicable law is void and unauthorized.
The Service is not intended for use by individuals under the age of 16. We do not knowingly collect personal information from individuals under the age of 16. If We become aware that a user under 16 has provided personal information, We will take steps to remove such information and terminate the user’s account.
We reserve the right to terminate or suspend Your access to the Service, without prior notice or liability, for any reason whatsoever, including without limitation if We determine that You are under the age of 16, or if You are under the age of 18 and have not provided adequate proof of parental consent.
We reserve the right to verify Your eligibility at any time. You agree to provide Us with any information or documentation that We may request for this purpose. If You fail to provide the requested information or if We suspect that You do not meet the eligibility requirements, We may terminate or suspend Your access to the Service.
Pursuant to 47 U.S.C. Section 230(d) as amended, We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at https://www.getnetwise.org.
We reserve the right to change our eligibility criteria at any time. Any changes to the eligibility criteria will be posted on this page and will be effective immediately upon posting. Your continued use of the Service after any such changes constitutes Your acceptance of the new eligibility criteria.
Your Responsibilities
You agree to comply with these Terms and Conditions and any applicable laws, regulations, or rules governing your use of the Service. You are responsible for ensuring that your use of the Service does not violate any applicable law or regulation.
You must provide true, accurate, current, and complete information about yourself as prompted by the registration forms and maintain and promptly update such information to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account.
You agree to use the Service only for purposes that are permitted by these Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. You may not use the Service for any illegal or unauthorized purpose. You agree not to engage in activities that could harm or interfere with the Service, including but not limited to:
- Accessing or using the Service in any manner that could damage, disable, overburden, or impair any of Our servers or networks.
- Using any automated system, including but not limited to robots, spiders, or offline readers, to access the Service in a manner that sends more request messages to Our servers than a human can reasonably produce in the same period using a conventional online web browser.
- Transmitting any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
- Interfering with or disrupting the integrity or performance of the Service or the data contained therein.
- Attempting to gain unauthorized access to the Service, accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means.
You agree not to use the Service to upload, post, email, transmit, or otherwise make available any content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- You do not have a right to make available under any law or under contractual or fiduciary relationships.
- Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- 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.
You understand and agree that You are solely responsible for any breach of Your obligations under these Terms and for the consequences (including any loss or damage which We may suffer) of any such breach. You agree to defend, indemnify, and hold Us harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to Your use of the Service, Your violation of these Terms, or Your violation of any rights of another.
You agree not to use the Service for any purposes related to:
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity.
- Stalking or otherwise harassing another.
- Collecting or storing personal data about other users in connection with the prohibited conduct and activities set forth above.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts. You further agree that Your Order constitutes an offer to purchase the Goods in accordance with these Terms and Conditions and that all Orders are subject to our acceptance.
Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You agree to provide accurate, current, and complete information, and to promptly update this information as necessary to maintain its accuracy.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. You acknowledge that providing any false or inaccurate information may result in Order cancellation and potential legal liability.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
- Suspected fraudulent, unauthorized, or illegal activity
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected. In such cases, we may contact you to verify your identity or request additional information before accepting your Order.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession. We reserve the right to inspect returned Goods and to refuse refunds for Goods that do not meet the above conditions.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement. Please note that the time it takes for the refund to be credited to Your account may vary depending on Your payment method and financial institution.
You will not have any right to cancel an Order for the supply of any of the following Goods:
- The supply of Goods made to Your specifications or clearly personalized.
- The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The supply of digital content is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. There may be instances where information on the Service contains errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. This includes the right to change prices, descriptions, and availability of Goods. Such corrections may occur after you have placed an order, and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information.
We apologize for any inconvenience this may cause and appreciate your understanding as we strive to improve the accuracy of our Service.
Intellectual Property
All content and materials available on the Service, including but not limited to text, graphics, website name, code, images, logos, and trademarks, are the intellectual property of the Company, its licensors, or other content providers. Such content and materials are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.
Subject to Your compliance with these Terms, the Company grants You a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service and its content for Your personal, non-commercial use only. This license is revocable at any time without notice and with or without cause.
You agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any content from the Service in any form or by any means without the prior written permission of the Company. You further agree not to use any meta tags or any other "hidden text" utilizing the Company’s name or trademarks without the express written consent of the Company. You also agree not to use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, and not to delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
By submitting any content (including but not limited to feedback, suggestions, ideas, or other submissions) to the Company through the Service, You agree to grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant the Company the right to use the name that You submit in connection with such content, if they choose.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order. We strive to provide accurate pricing information; however, pricing errors may occur. In the event that an item is listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for that item at the incorrect price.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, unexpected supply chain disruptions, and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order. We will notify You of any price changes and give You the opportunity to confirm or cancel Your Order.
Payments
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order. It is Your responsibility to ensure that the payment details You provide are valid and correct.
You agree to contact us in the event of any disputed charges before initiating any chargeback request with your payment provider. In the event of an unjustified chargeback, we reserve the right to suspend your account and any future orders until the matter is resolved. We also reserve the right to dispute any chargeback request that we believe to be fraudulent or unfounded.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Failure to pay the invoice within the specified deadline may result in the suspension or termination of your Subscription.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Notifications will be sent to the email address associated with Your account, and it is Your responsibility to ensure that this email address is current and accessible.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount. Failure to cancel Your Subscription will result in the automatic application of the new fees to Your account. The Company reserves the right to offer promotional pricing or discounts, which may not be available to all users or at all times.
Refunds
Except when required by law, paid Subscription fees are non-refundable. This includes but is not limited to situations where the Service is temporarily unavailable, or where You choose to terminate Your Subscription before the end of the paid period.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company. To request a refund, You must contact customer support within 14 days of the original purchase date and provide a detailed explanation of the reason for the refund request. Refund requests based on technical issues must include evidence of the issue, such as screenshots or error messages, and must demonstrate that You have made reasonable efforts to resolve the issue with our technical support team.
Refunds, if granted, will be processed within 14 days of approval and will be credited back to the original payment method.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time. The duration of the Free Trial will be specified at the time of Your sign-up and is intended to allow new users to explore the features of the Service.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. It is Your responsibility to monitor the Free Trial period and understand that the trial will automatically convert to a paid Subscription unless canceled. On the last day of the Free Trial period, unless You have canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected. We recommend canceling at least 24 hours before the end of the Free Trial to avoid any charges.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer. Changes to the Free Trial terms will be communicated via email or through the Service, and continued use of the Service after such changes will constitute acceptance of the new terms. The Company may limit the availability of Free Trials to prevent abuse, and reserves the right to refuse or cancel a Free Trial at any time.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms. These rules will be provided to you at the time of the Promotion and may include eligibility requirements, entry instructions, deadlines, and other pertinent details. It is your responsibility to read and understand these rules before participating in any Promotion.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. Participation in Promotions is voluntary, and you acknowledge that any rewards, prizes, or benefits provided through Promotions are not guaranteed and are subject to the specific terms of each Promotion.
The Company reserves the right to modify or cancel Promotions at any time without prior notice. Any changes to Promotion rules or termination of a Promotion will be communicated through the Service or via email.
User Accounts
When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claims or trademark rights in those usernames.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction. This includes but is not limited to, the rights to incorporate the Feedback into the Company’s products and services, to create derivative works from the Feedback, and to market and sell products and services that include or are based on the Feedback.
You acknowledge and agree that any Feedback provided by You is voluntary, non-confidential, and gratuitous. You further acknowledge that the Company may use the Feedback without any obligation to compensate You, and that the Company is under no obligation to use any Feedback provided by You. You waive any right to inspect or approve any use of the Feedback and any right to royalties or other compensation arising from or related to the use of the Feedback.
You represent and warrant that You have the right to provide the Feedback and that the Feedback does not infringe on any third-party rights. You agree to indemnify and hold harmless the Company from any claims, losses, liabilities, damages, expenses, and costs (including reasonable attorney’s fees) arising from or related to any claim that the Feedback infringes on any third-party rights or that You did not have the right to provide the Feedback.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. This includes but is not limited to the accuracy, reliability, or completeness of any information, products, or services on these third-party websites. You further acknowledge and agree that the Company 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 or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit. Your use of such third-party websites is at Your own risk, and it is Your responsibility to ensure that You are aware of and comply with the terms and conditions and privacy policies of any third-party websites You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Such reasons may include but are not limited to fraudulent activity, unauthorized use of the Service, failure to comply with account security measures, or providing false or misleading information.
Upon termination, Your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If You wish to terminate Your Account, You may simply discontinue using the Service. You may also contact us to request the deletion of Your account, but please note that even after Your account is deleted, residual copies of Your information may remain in our backup systems for a period of time.
Termination of Your account includes the removal of access to all offerings and services within the Service, the deletion of Your password and all related information, files, and content associated with or inside Your account (or any part thereof). Upon termination, You will no longer have access to any data or content stored in Your account, and the Company reserves the right to delete such data or content permanently without prior notice.
The Company will not be liable to You or any third party for any termination of Your access to the Service or deletion of Your account or content. You agree that any termination of Your access to the Service or deletion of Your account may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete Your account and all related information and files in Your account and bar any further access to such files or the Service.
Limitation of Liability
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE OR 100 USD IF YOU HAVEN'T PURCHASED ANYTHING THROUGH THE SERVICE. THIS LIMITATION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONAL INFORMATION. BY ACCESSING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE COMPANY'S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Force Majeure
The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms and Conditions if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.
In the event of any such delay, the time for performance shall be extended for a period equal to the time lost by reason of the delay. If the Company’s performance is affected by a force majeure event, it shall promptly notify You, stating the nature of the force majeure event, its anticipated duration, and any action being taken to avoid or minimize its effect.
If the force majeure event continues for a period of more than thirty (30) days, either party may terminate the affected services upon written notice to the other party without any liability, except for payment obligations accrued up to the date of commencement of the force majeure event. The affected party shall use all reasonable efforts to mitigate the effect of the force majeure event and to perform its obligations under these Terms and Conditions.
The Company shall have no liability to You for any delay in performance to the extent that such delay is caused by a force majeure event, and You shall not be entitled to any refund or credit for such delay.
Indemnification You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from:
- Your use of and access to the Service;
- Your violation of these Terms and Conditions;
- Your violation of any rights of another party, including without limitation any intellectual property, privacy, publicity, or other proprietary rights;
- Your breach of any representation, warranty, or covenant made by you herein;
- Any claims that your use of the Service caused damage to a third party; and
- Any act or omission by you which is negligent, unlawful, or constitutes willful misconduct.
You agree to cooperate fully with the Company in the defense of any claim that is the subject of your obligations hereunder. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the prior written consent of the Company.
You will not be required to indemnify and hold the Company harmless from and against any claims, liabilities, damages, losses, costs, expenses, or fees to the extent caused by the Company's own gross negligence or willful misconduct.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If you have any dispute or concern regarding the Service, You agree to first attempt to resolve the dispute informally by contacting the Company directly. You can contact us at:
Leaf Education Technologies, Inc.
1700 Northside Drive, Suite A7 PMB 556,
Atlanta, GA 30318
Email: kehan@leafedtech.com
You must provide a detailed description of the dispute or concern, including any relevant documentation or evidence. We will use our best efforts to respond to Your concern within thirty (30) days of receiving Your communication and will attempt to resolve the issue informally.
If the dispute cannot be resolved informally within sixty (60) days from the date of Your initial communication, You agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief as set forth below) arising out of or in connection with or relating to these Terms or the breach or alleged breach thereof (collectively, "Claims") by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in the United States county where You live or operate, or another mutually agreeable location.
The arbitration will be conducted confidentially by a single, neutral arbitrator and will include a written record of the arbitration hearing. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
The payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. However, if You are unable to pay any of these fees, we will consider paying them for You. Each party will bear its own costs and expenses, including attorneys' fees, associated with the arbitration, unless the arbitrator determines that the claim or defense was frivolous or asserted in bad faith, in which case the prevailing party will be entitled to recover its reasonable attorneys' fees and costs.
YOU AND THE COMPANY AGREE THAT ANY CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Headings. The headings and subheadings in these Terms and Conditions are included for convenience and reference only and shall not affect the interpretation or construction of these Terms and Conditions. They do not define, limit, or describe the scope or intent of any provision of these Terms and Conditions.
Each section and subsection title is intended solely to facilitate the reading of these Terms and Conditions and shall not be considered in the interpretation or enforcement of these Terms. If there is any conflict between the heading and the content of a section, the content of the section shall prevail.
The use of headings and subheadings is not to be considered as part of the contractual obligations between You and the Company and is not intended to be legally binding.
You agree that in the event of any inconsistency between the headings and the provisions of these Terms and Conditions, the provisions will control and govern.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: kehan@leafedtech.com