By using Service, you agree to these conditions. Please read them carefully.
Acceptance of Terms
The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are at least 18 years old, you are of legal age to agree to these terms and conditions or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful. Brandleap may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
When you the Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, Brand, or Dealer, you are communicating with us electronically. You consent to receive communications from us, Brand, and Dealer electronically, such as e-mails, texts, mobile push notices, or notices and you can retain copies of these communications for your records. 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.
All content included in or made available through Service, such as text, graphics, logos, button icons, images, audio clips, pricing, availability, store location, user testimonials, data compilations, and software is the property of Brandleap, Brands, Dealers, or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Service is the exclusive property of Brandleap and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Brandleap Service are trademarks or trade dress of Brandleap in the U.S. and other countries. Brandleap's trademarks and trade dress may not be used in connection with any product or service that is not Brandleap’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Brandleap. All other trademarks not owned by Brandleap that appear in any Brandleap Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Brandleap.
The content presented on Brandleap is provided by the Brands, and Dealers which utilize the Service. Brandleap attempts to be as accurate as possible; however, Brandleap does not warrant that product descriptions or other content of the Service is accurate, complete, reliable, current, or error-free. If a product offered on Service is not as described, your sole remedy is to return it to the Dealer.
You agree that the Service contains Content specifically provided by Brandleap or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Brandleap, or from the copyright holder identified in such Content’s copyright notice.
Brandleap is not responsible for determining pricing. All Pricing information MSRP (Manufactures Suggested Retail Price”), and Sale Price ("Price") is determined by Brand, and Dealers respectfully.
As a result of how data is feed to the Service, pricing may change from initial dealer selection page to the shopping cart. The pricing represented in the shopping cart is considered to be an accurate Price.
Please note in some instances the Service cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold on Service is higher than the Price stated on Service, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Note that generally, your credit card will be charged when you place the order. Some Dealers; however, will not charge your credit card until after your order has entered the shipping process or, for Store Pickup Orders, until you physically pick up the product.
Risk of Loss
All items purchased via Brandleap are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, Refunds, and Title
For its part of purchase, Brandleap is connecting you with a Dealer. All purchases are subject to Dealer Terms and Conditions. Please contact your chosen Dealer for their Returns, and Refunds policy.
Third Party Sites
The Service may permit you to visit other websites or resources on the Internet via links made available on the Site, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Brandleap’s control, and you acknowledge that Brandleap is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Brandleap, Brand, or Dealer. You further acknowledge and agree that Brandleap 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 website or resource.
The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, works of authorship or other information or content, to the Services (“User Submissions”). By posting User Submissions on or at any of the Sites or otherwise through the Service, you agree to the following:
You hereby grant Brandleap a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback that you provide to Brandleap relating to the operation of the Service.
Brandleap does not endorse and has no control over any User Submission. Brandleap cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service and all User Submissions provided by you are is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Brandleap has no obligation to monitor the Site, Service, Content, or User Submissions. Brandleap may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Under no circumstances will Brandleap be liable in any way for any Content or User Submissions, including, but not limited to, any errors or omissions in any Content or User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content or User Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service. Brandleap is not responsible for any data which is deleted (either intentionally or unintentionally) at the direction of any user.
You acknowledge that Brandleap has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you access via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Brandleap from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Brandleap makes no representations concerning any content contained in or accessed through the Sites, and Brandleap will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BRANDLEAP, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE INTEGRITY OR SECURITY OF ANY USER SUBMISSION OR OTHER DATA PROVIDED TO THE SERVICE; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): BRANDLEAP MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES.
Limitation of Liability
IN NO EVENT SHALL BRANDLEAP, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF A) AMOUNTS PAID OR PAYABLE BY YOU IN CONNECTION WITH THE SERVICE; OR B) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Brandleap makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Integration and Severability
Procedure for Reporting Copyright Infringements
If you believe that Content residing on or accessible through the Site or Service infringes a copyright, please send a written notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of the owner of the copyright that has been allegedly infringed, or a person authorized to act on such person’s behalf; Identification of the copyrighted works or materials allegedly being infringed; Identification of the Content that is claimed to be infringing including information regarding the exact location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Prelaunch Labs is capable of finding and verifying its existence; Contact information about the notifier including address, telephone number and, if available, e-mail address; A statement that the notifier has a good faith belief that the use of the allegedly infringing Content is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and the notifying party is the copyright holder is authorized to make the complaint on behalf of the copyright owner.
Once Proper bona Fide Infringement Notification is Received by the Designated Agent: It is Brandleaps’ policy:
to remove or disable access to the infringing Content; to notify the Content provider, member or user that it has removed or disabled access to the Content; and that repeat offenders will have the infringing Content removed from the system and that Brandleap will terminate such content provider’s, member’s or user’s access to the service
Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the Content provider, member or user; Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Brandleap is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Brandleap may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Brandleap discretion.
Please contact Brandleap Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Kastner Huggins Reddien Gravelle LLP
Attn: Prelaunch/Brandleap Legal Dept.
801 W. 5th Street | Suite 105 | Austin, Texas 78703
Site Policies, Modifications, and Severability
Please review our other policies, such as our Terms and Conditions posted on this site. These policies also govern your use of the Service. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Terms and Conditions of the Dealer take precedence over Purchase, Shipping, Returns, and Refunds. See link to Dealer Terms and conditions on the Place Order page within Service or on your chosen Dealer’s webpage.
You may contact Brandleap at the following address:
9111 Jollyville Rd| Suite 100 | Austin, TX 78759