Terms of use
WEBSITE TERMS OF USE
Effective as of November 10, 2021
Welcome to LeopardSolutions.com (the “Site”). The Site is operated by Leopard Solutions LLC (the “Company”) and its affiliates and these Terms of Use (“Terms”) govern your use of the Site.
These Terms may be modified from time to time. We will indicate the date they were last amended. We suggest that you periodically review these Terms for amendments.
You (“You,” “Your” or “User”) acknowledge that by using our Site and any services that we provide through the Site, you are bound by the terms herein. If you do not agree to these Terms, please do not use the Site.
- Use of the Site
All information and material on the Site or available through the Site, including without limitation, text, data, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof (“Content”), is proprietary and the exclusive property of the Company and/or its content providers and is protected by copyright, trademark and other applicable laws.
Your access to and/or use of the services provided by the Company through or in connection with the Site, including but not limited to the Leopard List, Firmscape, Leopard BI or other products or materials provided by Company (the “Services”), is governed by the Subscription Agreement on the Site or such other written agreement as may be entered into between you and Company with respect to such Services.
Except as expressly permitted by Company in writing, you may not, directly or indirectly, copy, reproduce, distribute, upload, download, transfer, transmit, publish, broadcast, create derivative works from or otherwise exploit any Content on the Site.
You agree to use the Site and Content for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You shall not use, transfer, distribute or publish any Content in any manner that could compete with the business of the Company. The Content may not be used to construct a database of any kind, nor may the Content be stored (in its entirety or in any part) in any database for access by you or any third party. You may not use the Content in any way to improve the quality of any data sold or offered for sale or distribution by you to any third party. The systematic retrieval of data from the Site is prohibited.
You shall not directly or indirectly use, post, publish, display, distribute or disseminate any Content available on or through the Site: (a) in a manner that will infringe the patent, copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; (b) in connection with any material that is defamatory, libelous, obscene, threatening, abusive, harassing, tortious, obscene, hateful or racially, ethnically or otherwise objectionable or defamatory; or (c) in connection with any communications or materials that are promotional in nature, including solicitations for funds or other business or that constitutes junk mail, spam, chain letters, pyramid schemes or the like, or frame, embed or deep link the Site or the Contents within any other website.
You shall not interfere with or attempt to interfere with or otherwise disrupt the proper working of the Site, any activities conducted on or through the Site, or any servers or networks connected to the Site. You shall not obtain or attempt to obtain through any means any Content that has not been intentionally made publicly available either by public display on the Site or through a visible, public link on the Site.
You shall not violate the security of the Site or attempt to gain unauthorized access to the Site, Content or any computer systems or networks associated with the Site or Content, through hacking, password timing or any other means. You shall not take or attempt any action that, in the sole discretion of Company, imposes or may impose an unreasonable or disproportionately large load or burden on the Site, the Site’s infrastructure or to the Company’s Services. You shall not use scrapers, bot, spiders, crawlers, data mining tools, software, code, programs or any other automated means to copy data from the Site or to access, acquire, copy or monitor any portion of the Site, the Content or the Company’s Services or any other products or databases of Company.
You shall not use any hardware or software intended to damage or interfere with the proper working of the Site or the Company’s Services or to surreptitiously intercept any system, data or personal information from the Site or the Company’s Services. You shall not transmit any virus, worm, time bombs, cancel bots, Trojan horse or other destructive software or code to the Site.
- Accuracy, Completeness and Timeliness of Information on this Site.
Company has made and will make commercially reasonable efforts to ensure that the Site and Content are complete and accurate. However, Company reserves the right to modify the Content of the Site at any time. It is your responsibility to monitor changes to the Site and Content. Company is not responsible if information made available on the Site is not accurate, complete or current.
Your use of the Site and Content shall be in compliance with all applicable laws and regulations. You will not use the Site or Content for or in connection with any illegal purpose or activity or in any manner inconsistent with these Terms.
- Trademarks and Copyrights
Trademarks, logos and service marks displayed on this Site are registered and unregistered marks of Company and/or other third parties and are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission.
- Third Party Links
The Site may contain links to websites of and advertisements for third parties solely as a convenience to you. Company is not responsible or liable for any off-Site web pages accessible from or linked to the Site or any information contained therein. Links to off-Site web pages should not be construed as a third-party endorsement, sponsorship or affiliation of, with or by Company, nor should any opinions or recommendations expressed in any third-party sites be construed as the opinions, recommendations or views of Company. Third party websites may have their own terms of use and privacy policies, for which we are not responsible and which we encourage you to review before accessing and using any third-party website. You link to any third-party website at your own risk.
- License To User Content
If we request or permit the submission of your opinions, reviews, ideas, suggestions, feedback, or any other content (collectively, “User Content”) to potential or actual use on the Site, either directly or indirectly, you grant us and our affiliates and partners a worldwide, perpetual, royalty-free license to communicate, distribute, host, make modifications or derivative works, publicly display, publicly perform, publish, reproduce, store and use such User Content. This license for User Content shall cover without limitation all intellectual property rights, including without limitation those concerning patents, trademarks, trade dress, copyright, trade secret, moral rights, privacy and publicity.
You represent, warrant, and covenant that: (i) you either are the sole and exclusive owner of all of your User Content, or you have all rights, licenses, consents, and releases that are necessary to grant to Company the rights in your User Content; and (ii) neither the User Content nor your creation of, accessing, or use of your User Content or Company’s use of your User Content (or any portion thereof) will (a) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights; (b) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise); or (c) require Company to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
You agree not to transmit User Content that: (i) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, obscene, pornographic, offensive, hateful, or promotes discrimination, bigotry, racism, or hatred, as the Company determines in its sole discretion; or (ii) introduces viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other destructive software or code.
- Indemnification
You agree to indemnify, defend and hold harmless Company and its affiliates and their members, officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by You and in such case, You agree to cooperate with Company in the defense of such matter.
- Disclaimer Of Warranties
THE INFORMATION ON THE SITE IS PROVIDED ON AN “AS IS” BASIS. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. COMPANY DOES NOT WARRANT THAT ACCESS TO THE SITE OR OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR ANY CONTENT PROVIDED ON THE SITE. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW. IF YOU RELY ON ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK.
NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY OF ANY KIND TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE THAT YOU MAY INCUR FROM ANY FAILURE OR INTERRUPTION OF THE SITE, FROM ANY ACT OR OMISSION OF COMPANY OR ANY OTHER PARTY INVOLVED IN OPERATING THE SITE, THE CONTENT, OR FROM ANY OTHER CAUSE RELATING TO YOUR USE OR ACCESS, OR THE FAILURE OF YOUR USE OR ACCESS TO THE SITE, WHETHER OR NOT THE RELATED CIRCUMSTANCES MAY HAVE BEEN WITHIN OUR CONTROL OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES SUPPORT.
- Limitation of Liability
IF YOU DOWNLOAD ANY CONTENT FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, MULTIPLE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR FROM ANY ACTIONS COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO COMPANY OR THE DELAY OR INABILITY TO USE THE SITE OR FOR ANY CONTENT ON THE SITE OR ADVERTISED ON THE SITE, OR COMPANY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION ON-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS OR DISPUTE WITH COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Severability
If any one or more of the provisions of the Terms shall be held to be invalid, illegal or unenforceable for any reason, then the validity, legally or enforceability of the remaining provisions of the Terms shall not be affected thereby. To the extent permitted by applicable law, the parties waive any provisions of law that render any provision of the Terms invalid, illegal or unenforceable in any respect.
- Jurisdiction and Applicable Law
The laws of the State of New York govern these Terms and your use of the Site, without regard to any conflict of laws provisions. You expressly agree to submit to the jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms.
This Site has been designed to comply with the laws of the State of New York and of the United States. If any Content on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
We reserve the right, in our sole discretion, to limit or terminate your access to or use of the Site or the Services at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.
These Terms constitute a binding agreement between you and the Company and are accepted by you upon your use of the Site.
