Introduction

Please read these Terms of Service and Use carefully. They contain the legal terms and conditions that govern your use of services provided to you by Leafio.

• Classes of Users


Terms of Service and Use

• Date of Most Current Version – January 23, 2008

By accessing and using the Leafio Website located at www.leafio.com, you signify that you have read, understand, and agree to be bound by this Terms of Service and Use that are applicable to your class of user, as described above under the heading of “Classes of Users”.
Due to the nature of the Internet and the offerings provided on the Leafio Website, we reserve the right at any time and at our sole discretion to change, modify, add, or delete portions of this Terms of Service and Use and the policies of LEAFIO. that are referenced in it at any time. If we do this, we shall both post the changed version of this Terms of Service and Use or such policies referenced in it on the Leafio Website, and will send to each class of registered user an E-Mail communication indicating the date upon which such changes were made together with a request that you review them online. Notwithstanding such E-Mail communication and whether or not you review the changes, your continued use of the Leafio Website after the date any such changes become effective constitutes your unqualified acceptance of the changed Terms of Service and Use and the policies of LEAFIO that are referenced in it. If you do not agree to abide by this Terms of Service and Use and the policies of LEAFIO that are referenced in it or any future changes to them, do not use or access the Leafio Website.

PLEASE READ THIS TERMS OF SERVICE AND USE CAREFULLY FOR THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE VARIOUS DISCLAIMERS, INDEMNIFICATIONS, LIMITATIONS OF LIABILITY, A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED, AND GOVERNING LAW AND VENUE CLAUSE ALL OF WHICH HAVE A BEARING ON YOUR USER RELATIONSHIP WITH OUR WEBSITE.

• Eligibility for Use of the Leafio Website
Our website is intended only for persons who are 18 years of age or older. Any registration by and/or use of or access to our website by a Visitor or Publisher who is under 18 years of age is unauthorized and in complete violation of this Terms of Service and Use. By using our website as a Visitor or Publisher, you represent and warrant that you are 18 years of age or older, and you agree to and abide by all of the provisions of this Terms of Service and Use.
In connection with your registration to become a user of the our website, you agree to provide accurate, current, and complete information about you when prompted by the registration dialogue script on our website for the class of user you select, to promptly update your registration data in order for such data to be accurate, current, and complete, and to be fully responsible for all use of your account and for any actions that take place using your account.

• Acceptable Use Policies for All Users of the Leafio Website
You agree not to use our website to:

• Acceptable Use Policies for Publishers on the Leafio Website:

• Termination of a User
LEAFIO may terminate your user status on our website, delete your any and all content and related information and/or materials that you have uploaded to and stored on our website, and/or prohibit you from using or accessing our website for any reason, or no reason, at any time in its sole discretion, with or without notice, including, but not limited to, if it believes that you are not of the requisite age.
In the event of such a termination, the provisions of this Terms of Service and Use and the policies of LEAFIO that are referenced in it will be deemed to survive the effective date of such termination.

• Copyright Complaints From Other Users or Third Parties
As more fully described in the Copyright Policy of LEAFIO, when we receive a proper Notification of Alleged Copyright Infringement (see Copyright Policy), we shall promptly remove or disable access to the allegedly infringing content and related information and/or materials and terminate the account of any user who is a repeat infringer in accordance with the Digital Millennium Copyright Act (17 United States Code Section 512). If you believe that any content and related information and/or materials on our website infringes upon any copyright that you own or control, you may send a written notification of that infringement by adhering to the procedures in the Copyright Policy. In accordance with the Digital Millennium Copyright Act and other applicable law, LEAFIO has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who it deems to be repeat infringers. We may also, in appropriate circumstances and at our sole discretion, limit access to our website and/or terminate the access right of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

• Third Party Websites and Their Content
Our website may contain links to third party websites and may also include third party content such as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items that belong to or originate from third parties. These third party websites and third party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by LEAFIO and we are not responsible for any third party websites or third party content accessible or available from, or installed or posted on, our website, including, but not limited to, the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the such third party websites or third party content. The inclusion of, linking to, or permitting the use or installation of any third party websites or third party content does not imply any approval or any endorsement of them by LEAFIO. If you decide to leave our site and access any third party websites or to use or install any third party content, you agree that you do so at your own risk and you should be aware that this Terms of Service and Use and the policies of LEAFIO that are referenced in it no longer will govern your Internet session. Therefore, you are then strongly advised to review and understand the applicable terms and policies, including privacy and data gathering practices, of any third party website to which you navigate from our website or relating to any third party content you use or install from that third party’s website.

• Privacy
LEAFIO cares very much about the privacy of our users. Therefore, we encourage you to review and understand our Privacy Policy. By using our website, you are consenting and agree to have your personal data transferred to and processed only within the United States.

• Operational and Warranty Disclaimers and Indemnifications of LEAFIO
Our website may be temporarily unavailable from time to time for maintenance, enhancement, or other reasons beyond our reasonable control. LEAFIO assumes no responsibility for any errors, omissions, interruptions, deletions, defects, and delays in the operation of our website or for any transmission, communications line failure, or unauthorized access to or alteration of any communications by a user’s communications. Further, LEAFIO is not and will not be responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers, providers, computer or mobile phone equipment, software, failure of E-Mail on account of technical problems or traffic congestion on the Internet, at any website, or any combination of them, including injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using, uploading, or downloading content and related information and/or materials related to our website or to or from any other third party website on the Internet. In addition, under no circumstances will LEAFIO be responsible for any loss or damage (i) to any user’s content and related information and/or materials causing personal injury or death; (ii) directly or indirectly resulting from any person’s use of our website, any third party website, or third party content posted on or accessed through our website or that may transmitted to users; or (iii) arising from any interactions between users of our website, whether online or offline.

OUR WEBSITE AND ITS CONTENT AND RELATED INFORMATION AND MATERIALS ARE PROVIDED "AS IS", AND LEAFIO DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LEAFIO CANNOT AND DOES NOT (i) GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE; (ii) REPRESENT OR WARRANT THAT THE OPERATION OF OUR WEBSITE OR THE CONTENT AND RELATED INFORMATION AND MATERIALS POSTED ON IT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR THAT OUR WEBSITE IS FREE OF VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
THEREFORE, YOU ARE ADMONISHED TO EXERCISE CAUTION BY USING INDUSTRY-RECOGNIZED SOFTWARE TO DETECT, DISINFECT, AND/OR DISABLE VIRUSES AND TROJAN HORSES. WITHOUT LIMITING THAT ADMONITION, YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN INFORMATION AND MATERIALS FROM OUR WEBSITE OR ACCESS ANY THIRD PARTY’S WEBSITE OR THIRD PARTY’S CONTENT POSTED ON OR ACCESSED THROUGH OUR WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF THEM AND ANY DAMAGES TO YOU AND/OR YOUR EQUIPMENT OF ANY TYPE, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT.
YOU AGREE TO INDEMNIFY AND HOLD LEAFIO AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DEMANDS, DAMAGES, COSTS, AND EXPENSES, INCLUSIVE OF REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED BY THEM, OR ANY OF THEM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE, YOUR DOWNLOADING OR OTHERWISE OBTAINING CONTENT AND RELATED INFORMATION AND MATERIALS FROM OUR WEBSITE, YOUR ACCESSING ANY THIRD PARTY’S WEBSITE OR THIRD PARTY’S CONTENT POSTED ON OR ACCESSED THROUGH OUR WEBSITE, AND/OR ANY VIOLATION OF OR FAILURE TO FULLY COMPLY BY YOU WITH THIS TERMS OF SERVICE AND USE, ANY APPLICABLE LOCAL, STATE, NATIONAL, OR INTERNATIONAL STATUTE, REGULATION, OR ORDINANCE, OR THE RIGHTS OF ANY THIRD PARTY.

• Limitation of Liability
IN NO EVENT WILL LEAFIO OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, INCLUSIVE OF UPLOADING AND DOWNLOADING CONTENT AND RELATED INFORMATION AND/OR MATERIALS, OR ACCESSING ANY THIRD PARTY’S WEBSITE OR THIRD PARTY’S CONTENT POSTED ON OR ACCESSED THROUGH OUR WEBSITE, EVEN IF LEAFIO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF LEAFIO TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, EVER EXCEED $100.00 (USD).
SEVERAL STATE HAVE LAWS THAT, IN CERTAIN SPECIFIED CIRCUMSTANCES, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF ANY OF THESE STATE LAWS APPLY TO YOU UNDER THE SPECIFIED CIRCUMSTANCES PROVIDED BY THOSE LAWS, THEN SOME OR ALL OF THE PREVIOUSLY SET FORTH DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

• Governing Law, Limitation on Filing Suit, and Venue and Jurisdiction
Despite differing laws at different points of access to our website, by becoming a user of our website you agree that the laws of the State of California, without regard to its conflict of laws rules, will (i) govern this Terms of Service and Use and the policies of LEAFIO that are referenced in it; and (ii) any controversy, dispute, or claim of any type or description that may arise between you, on the one hand, and LEAFIO, on the other hand. This Terms of Service and Use and the policies of LEAFIO that are referenced in it will be given a fair and reasonable construction in accordance with their respective terms and without any construction in favor of or against either you or LEAFIO

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE AN AFFIRMATIVE OBLIGATION TO PARTICIPATE IN GOOD FAITH IN THE MEDIATION PROCESS DESCRIBED BELOW WITH RESPECT TO ANY CONTROVERSY, DISPUTE, OR CLAIM OF ANY TYPE OR DESCRIPTION THAT MAY ARISE BETWEEN YOU, ON THE ONE HAND, AND LEAFIO, ON THE OTHER HAND.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE PRECLUDED BY THIS PARAGRAPH AND THE IMMEDIATELY PRECEDING PARAGRAPH FROM FILING OR COMMENCING ANY LEGAL PROCEEDING OF ANY TYPE OR DESCRIPTION AGAINST LEAFIO WITH ANY COURT, GOVERNMENTAL AGENCY, OR ARBITRATION FORUM ANYWHERE IN THE WORLD UNTIL YOU HAVE FIRST PARTICIPATED IN GOOD FAITH IN THE MEDIATION PROCESS DESCRIBED BELOW. YOU AGREE THAT THIS PARAGRAPH MAY BE PLEADED AGAINST YOU TO HAVE ANY SUCH LEGAL PROCEEDING COMMENCED BY YOU IT DISMISSED OR STAYED.
WITH RESPECT TO ANY CONTROVERSY, DISPUTE, OR CLAIM OF ANY TYPE OR DESCRIPTION THAT MAY ARISE BETWEEN YOU, ON THE ONE HAND, AND LEAFIO, ON THE OTHER HAND, THAT IS UNABLE TO BE RESOLVED BY YOUR PARTICIPATION IN GOOD FAITH IN THE MEDIATION PROCESS DESCRIBED BELOW, THEN YOU AGREE NOT TO COMMENCE ANY LEGAL PROCEEDING OF ANY TYPE OR DESCRIPTION AGAINST LEAFIO WITH ANY COURT, GOVERNMENTAL AGENCY, OR ARBITRATION FORUM ANYWHERE IN THE WORLD OTHER THAN IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, OR IF IT LACKS JURIDICTION, IN THE SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO. IN SO AGREEING, YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS AND TO FOREVER WAIVE ALL DEFENSES OF A LACK OF PERSONAL JURISDICTION AND/OR A LACK OF A CONVENIENT FORUM WITH RESPECT TO THE AGREED UPON JURISDICTION AND VENUE OF THE COURTS NAMED ABOVE.

• Mediation Process
In the event of any controversy, dispute, or claim of any type or description arising between you, on the one hand, and LEAFIO, on the other hand, that cannot be resolved between parties, then you will refer that controversy, dispute, or claim in writing to the San Jose, California Dispute Resolution Center of JAMS (http://www.jamsadr.com) for mediation, that is, an informal, non-binding conference or conferences between you and the other party(ies) in which a retired judge or justice will seek to guide all of the parties to a resolution of the controversy, dispute, or claim. You and the other party(ies) will be free to select any mutually acceptable panel member from the list of retired judges and justices at JAMS whose names and backgrounds are available on the Internet at http://www.jamsadr.com, provided that you select as a mediator a retired judge or justice having experience in resolving contract, intellectual property, Internet, and/or electronic commerce matters.
If you and the other party(ies) are unable to agree upon a mediator within 10 business days after its receipt of a written referral from you, then, at the written request by any of the parties to JAMS, an ADR Specialist with JAMS will forward to each party a list of 5 available mediators having background and experience as set forth above with the request that each party independently rank all 5 mediators in order of preference with the single use of a numeral between one and five, and return such ranking within 5 business days of the receipt of such list from JAMS. Based upon the rankings, the ADR Specialist will select the mediator.
Subsequent to the selection of a mediator, whether by the parties or by an ADR Specialist with JAMS, he or she will promptly set a date and time for the initial session or telephone conference with the parties, but not later than 30 days after the date of his or her selection. The parties agree that, in addition to counsel, a representative of each party other than its counsel having full settlement authority will be required to be present at all mediation sessions. In addition, each party may bring such additional persons as may be, in that party’s sole determination, needed to respond to questions, contribute information, and participate in the sessions. The number of such additional parties may be agreed upon in advance with the assistance and advice of the mediator. No later than 5 business days before such initial session, each Party will deliver a concise written summary of its position together with any appropriate documents and a proposed solution to the matters in controversy to the mediator and also serve a copy on the other party(ies) to the mediation process.
In the event the mediation process does not result in a mutually acceptable resolution of the controversy, dispute, or claim, then any party will have the right to commence litigation only in the courts named above.
This required mediation process is to be considered settlement negotiations for the purposes of all Federal and state rules in the United States protecting disclosures made during such conferences from later discovery or use in evidence.

The costs of the mediator will be borne equally by the parties

The provisions for this required mediation process will be deemed arbitration provisions solely and exclusively for the purpose of enforcing compliance with the obligation of each party to fully comply with those provisions for this required mediation process. In the event any party is required to commence legal proceedings to enforce a party’s compliance with the provisions for this required mediation process, then such party bringing the enforcement proceeding will, if successful, be entitled to an award of his, her, or its reasonable attorneys’ fees and costs incurred in connection with such enforcement proceeding. This provision does not nor is it intended to provide for an award of reasonable attorneys’ fees and costs incurred in connection with a resolution or the outcome of the underlying matters that are subject to the required mediation process.

• Applicability of this Terms of Service and Use
This Terms of Service and Use and the policies of LEAFIO that are referenced in it collectively constitute the entire agreement between you and LEAFIO regarding you as a user of our website and your use of our website, and they supersede any prior agreements between you and LEAFIO relating to you as a user of our website and your use of our website. The failure of LEAFIO to exercise or enforce any right or provision of this Terms of Service and Use will not constitute a waiver of such right or provision in that or any other instance. If any provision of this Terms of Service and Use is determined to be invalid or unenforceable in any respect under the governing law set forth above, then such term or condition will be deemed modified so as to have the most nearly similar permissible economic or other effect in order to be valid and enforceable under the governing law set forth above.

If you have further questions regarding this [Terms Of Service and Use] please e-mail them to help@leafio.com