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Brandleap Terms of Use
Please read these terms of use (“agreement” or “terms of use”) carefully before using the services offered by Prelaunch Labs LLC. D/B/A Brandleap (“Brandleap”). This agreement sets forth the legally binding terms and conditions for your use of Brandleap marketplace (“Service”).  By using the Service in any manner, including but not limited to visiting, browsing, completing purchase through Service, you agree to be bound by this agreement. If you are entering into this agreement on behalf of an entity, then you represent and warrant that you are authorized to bind such entity to the terms of this agreement. This agreement applies to all users of the sites or Service, including users who are also contributors of content, information, and other materials or services on the sites.  Further, you may be bound by Terms of Use from the brand website (“Brand”) where you encountered Service, as well as your chosen dealer (“Dealer”) that fulfills your purchase.

 

By using Service, you agree to these conditions. Please read them carefully.

 

Privacy
Please review our Privacy Policy, which also governs your use of Service, to understand our practices.  Brandleap’s privacy statement is located at https://www.brandleap.com/privacy (the “Privacy Policy”) and is incorporated into these Terms of Use.  By using the Service, you expressly agree to and accept the Privacy Policy.  For inquires in regard to the Privacy Policy, or to report a privacy-related problem, please contact support@brandleap.com.

Acceptance of Terms
The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time within the Service by Brandleap. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Brandleap from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

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.

Modification of Terms of Use
Brandleap reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Brandleap.com or by sending you an email. Brandleap may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Electronic Communications
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.

Copyright
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.

Trademarks
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.

Product Descriptions
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.

Service Content
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.

Pricing
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.

User Submissions
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:

By submitting the User Submissions to Brandleap, or displaying, publishing, or otherwise posting any content on or through the Sites or the Service, you hereby do and shall grant Brandleap a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display and perform in connection with the Sites, the Service, and Brandleap (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Sites and/or the Service a non-exclusive license to access your User Submissions through the Sites and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Sites and the Service and under these Terms of Use. For clarity, the foregoing license grant to Brandleap does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing; • You represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by Brandleap (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party; and you acknowledge and agree that: (i) without limiting the licenses granted by you to Brandleap with respect to your User Submissions, Brandleap shall have the right to reformat, excerpt, or translate your User Submissions; (ii) all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated; (iii) Brandleap will not be liable for any errors or omissions in any content; and (iv) Brandleap cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

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.

Termination
Brandleap may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Sites. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer
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.

Brandleap will use commercially reasonable efforts to protect your personally identifiable information as more specifically described in the Brandleap Privacy Policy, however, Brandleap cannot completely prevent the unauthorized access to its systems and shall not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Brandleap equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.

Indemnification
You shall defend, indemnify, and hold harmless Brandleap, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your misuse of, or unauthorized access to, the Sites, Service, Content or otherwise from your User Submissions, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Brandleap reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Brandleap in asserting any available defenses.

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.

International/Non-California Use
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.

Dispute Resolution
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Brandleap agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Travis County, Texas, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Integration and Severability
The Terms of Use are the entire agreement between you and Brandleap with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Brandleap with respect to the Service.   If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous
Brandleap shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Brandleap’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Brandleap’s prior written consent. Brandleap may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

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:
Brandleap
9111 Jollyville Rd| Suite 100 | Austin, TX 78759