Term of Use
Welcome to Leavemark!
You are about to discover the first ad-free data storage and social media hybrid designed for you to store and share your most important photos, videos, documents and more with the ability to share instantly or in the future.
Terms of Service
Please read the following terms of this agreement (“Terms”) carefully so that You understand each provision. The Terms apply to the products, apps, technologies, features, software, and services that Leavemark offers (“Services”). This agreement applies to anyone who accesses our Services (“You,” “Your,” or “Users”). This is a contract between You and Leavemark and by accessing our Services You signify that You have read, understand and agree to be bound by these Terms. If You are not eligible to use our Services, or do not agree to these Terms or any of our policies (“Policies”), You do not have permission to use the Services.
THESE TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND LEAVEMARK, AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THESE TERMS CAREFULLY.
Leavemark builds technologies and services that allow individuals to connect with each other and create personal online archives to share information in, including content you designate that you would want future generations to have access to and which you can make available to those that you choose or that are confirmed members of your Leavemark family tree. You may also designate content as “Delayed Release”, which is content that you select to be shared based on a specific triggering event such as a specific date and time or upon someone being within range of a specific location.
For Leavemark to function, You must agree to:
- Use the same name that You use in everyday life.
- Provide accurate, complete, current information about Yourself.
- Create only one account (Your own) and use it for Your personal purposes.
- Not share Your password, give access to Your Leavemark account to others, or transfer Your account to anyone else without our permission. You are responsible for all use of the Services using any User credentials or passwords issued to You or chosen by You.
You cannot use Leavemark if:
- You are under 18 years old.
- You are a convicted sex offender.
- You violate our Terms, or we have previously disabled or deleted Your account for violations of our Terms or Policies.
- You are prohibited from receiving our products, services, or software under applicable laws.
We want people to use Leavemark to express themselves and to share data that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
a. You may not use our Services to do or share anything that
- violates these Terms, and other Policies that apply to Your use of Leavemark;
- is unlawful, harmful, misleading, discriminatory or fraudulent; or
- infringes or violates someone else’s rights.
b. You may not upload or transmit viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Services.
c. You may not attempt to access data You do not have permission to access.
We can remove content You share in violation of these provisions and, if applicable, we may take action against Your account, for the reasons described below . We may also disable Your account if You infringe third party rights in copyrights, trademarks, trade secrets, patents, or publicity, or other proprietary rights (“Intellectual Property Rights”).
To help support our community, we encourage You to report content or conduct that You believe violates Your rights (including Intellectual Property Rights ) or our Terms and Policies. You can do so through by selecting the Report Content option on any post or image or by emailing firstname.lastname@example.org.
“User Content” or “Your Content” is any information, content or data (“Content”) created, transferred, or otherwise provided to the Services by or on behalf of You.
Leavemark makes no representation, warranty or endorsement regarding any User or the authenticity or validity of any User Content displayed in connection with the Services. Leavemark is under no obligation to verify the identity or background of Users or User Content, and all Users should be careful and exercise caution in entering into transactions or otherwise interacting with other Users.
You agree not to create, submit, provide or otherwise make available on the Service any User Content that:
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal;
- may create a risk of any other loss or damage to Leavemark, any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other
people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
- contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
- contains any information or content that You know is not correct and current; or
- violates any school or other applicable policy, including those related to cheating or ethics.
The Online Copyright Infringement Liability Limitation Act (OCILLA), a portion of the Digital Millennium Copyright Act known as DMCA Section 512, is a U.S. federal law that provides a safe harbor to online service providers that promptly take down content if someone alleges it infringes their copyright. In accordance with this Act, the Company has implemented procedures for receiving written notification of claimed infringements and for processing such claims.
If You believe that Your work has been copied or otherwise used on the Services in a way that constitutes copyright infringement, please contact our Copyright Agent listed below, who is designated pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2), with the following information:
You agree not to create, submit, provide or otherwise make available on the Service any User Content that:
- Your address, telephone number, and/or email address;
- Identification of the allegedly infringing material that is to be removed or disabled, and information reasonably sufficient to permit us to locate the material (including, if possible, a link to the material);
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If we take measures to remove or disable content for copyright infringement allegations, we will make a good-faith attempt to contact the user who uploaded the content so that he or she may make a counter-notification pursuant to 17 U.S.C. 512(g) of the Copyright Act. Your complaint, along with Your personally identifying information, may be shared with the user who uploaded the content at issue. It is our policy to document all notifications of alleged infringement on which we act. As with all legal notices, a copy of the notification
may be sent to one or more third parties who may make it available to the public.
If You are a user of the Sites and Services and content that You have uploaded has been removed or disabled, You may file a counter-notification pursuant to 17 U.S.C. 512(g) of the Copyright Act. To be effective, the counter-notification must be a written communication sent to the Copyright Agent listed above that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if Your address is outside of the United States, for any U.S. judicial district in which the Company may be found, and that You will accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such person.
Please be advised that it is Leavemark’s policy to terminate the accounts of users who repeatedly violate this Copyright Policy.
If you use the Services to administer or participate in promotions, you understand that (a) you are responsible for the lawful operation of your promotions, or your lawful participation in promotions, as applicable, including without limitation compliance with all applicable laws, rules, regulations and guidelines, including without limitation the Federal Trade Commission Act and Federal Trade Commission Guidelines Concerning Use of Endorsements and Testimonials in Advertising, and (b) Leavemark disclaims all liability related to promotions administered through the Services, to administrations, participants or third parties. Leavemark does not sponsor or endorse goods or services offered through promotions administered by Users of the Service. If You use the Service to administer or participate in a promotion, You do so at Your own risk.
a. Our Property. The Services, including all aspects of the Leavemark website, software applications and mobile applications, (including Our Property, as defined below), is the property of, and owned by, Leavemark or its licensors. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content and technology used to deliver the Services or provided directly or indirectly (e.g., emails or other communications from us to You) via the Services are “Our Property.” For clarity, any formats,
templates, methodologies, rules, algorithms and software used to create Your Content are Our Property. Except as otherwise expressly permitted by these Terms, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of Our Property is prohibited. You acknowledge that Our Property has been created, compiled, developed and maintained by us at great expense of time and money such that misappropriation or unauthorized disclosure or use of Our Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and You consent to our obtaining injunctive relief to restrain any breach or threatened breach of these Terms, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph.
The marks LEAVEMARK, THE HISTORY OF YOU, and any associated logos, are registered or unregistered trademarks or service marks of Leavemark or its licensors. You may not use them, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. The Services may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Services, will inure solely to the benefit of their respective owners.
Subject to the terms and conditions herein, we grant You the non-exclusive, limited, revocable right to access and use Our Property solely to the extent necessary for You to use the Services for specified purpose defined herein, as permitted by these Terms. We reserve all other rights. For clarity and without limiting other obligations herein, Users shall not distribute or otherwise commercialize Our Property.
If You provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions related to the Services (collectively “Feedback”), the Feedback will be the sole property of Leavemark. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating You in any way. We are and shall be under no obligation to maintain any Feedback in confidence, or to respond to any Feedback.
b. Permission to use content You create and share: As between You and Leavemark, You own the User Content You create and share on Leavemark, and nothing in these Terms takes away the rights You have to Your own Content. You are free to share Your Content with anyone else, wherever You want. To provide our Services, though, we need You to give us some legal permissions to use that Content. Specifically, when You share, post, or upload Content that is covered by Intellectual Property Rights (such as, but not limited to, photos or videos), including rights of
publicity and similar rights, on or in connection with the Services, You grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of Your content (consistent with Your privacy and application settings). This means, for example, that if You share a photo on Leavemark, You give us permission to store, copy, and share it with other Users (again, consistent with Your settings) and third parties such as service providers that support our Services. This license authorizes us to make Your Content available through the Services.
You can delete Your Content or terminate your account at any time. However, You should know that, for technical reasons, Content You delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, Content You have published to Shared Archives, which are folders within
the Service accessible only to certain specified Users, will continue to appear in the accounts of other members of your Shared Archives, if those members have not deleted it, so use common sense when deciding what to share and who to share it with. Leavemark is not responsible for third parties who may have downloaded content that You have shared or posted.
c. Permission to update software You use or download: If You download or use our software, You give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.
a. Account suspension or termination
We want Leavemark to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine, in our sole discretion, that You have violated our Terms or Policies, we may take action against Your account to protect our community and services, including by suspending access to Your account, deleting it, or removing Content you have posted. We may also suspend or disable Your account or remove Content
you have posted if we believe, in our sole discretion, that your account or Content presents risk of harm or legal exposure for us or others, or when we are permitted or required to do so by law. Where appropriate, we will notify You about Your account the next time You try to access it. You can learn more about what You can do if Your account has been disabled by contacting us at email@example.com. If You delete or we disable Your account, these Terms shall terminate as an agreement between You and us, but the following provisions will remain in place:
Sections 4 through 19.
When someone passes away, Leavemark will save their public profile and their personal archive (My Archive) to be accessed by future generations based on the viewing parameters set by the user. We do not remove, update, or change anything about their public profile, or their personal archive (My Archive) because we want to respect the choices that individual made while still alive, unless that User has assigned rights to a specific User or a surviving family member has rights to the account. We have made it possible for You to identify a specific User, called a
“Gatekeeper,” who is given a limited, specific authority over Your account and its information upon Your death to initiate release of any “Gatekeeper Release” Time Capsules, which are collections of User Content designated by you for Gatekeeper release to the audience that you specifically choose. Leavemark will not delete a users personal archive (My Archive) after death unless you have identified a User or surviving family member to have specific legal rights to your account and that individual specifically requests deletion, provided no applicable law is to the contrary.
c. User Requests
We comply with User requests for removal of Users’ accounts.
d. Additional Protection of Minors
We comply with requests to remove the following information,
- Requests for removal of an account of a User under the age of 18;
- Government requests for removal of content depicting abuse, violence, or criminal, otherwise illegal or objectionable activities; and
- Legal guardian requests for removal of content relating to a minor.
Certain aspects of the Service may be provided only if subscription fees or other charge (“Fees”) are paid by you. If you purchase a subscription plan for the Services or certain features of the Services, you must pay all applicable Fees. All payments shall be made in U.S. dollars. We reserve the right to accept, refuse or cancel any orders placed through the Services, without liability or justification. If we change subscription Fees or other charges for your subscription, we will give you advance notice of these changes. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to You as provided in these Terms. If you purchase a subscription from us with promotional pricing or which includes free products, we will inform you of the non- promotional/gift pricing, obtain your consent to such pricing, and notify you of how to cancel your subscription prior to billing you at the non-promotional/gift pricing.
a. No Refunds. You may cancel Your Leavemark account at any time; however, there are no refunds for cancellation. In the event that Leavemark suspends or terminates Your account or these Terms, You understand and agree that You shall receive no refund or exchange for any, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with Your account, or for anything else.
b. Risk of Loss. All products that may be purchased from or via the Service are transported and delivered to You by an independent carrier not affiliated with, or controlled by, Leavemark. Title to products purchased on the Service, as well as the risk of loss for such products, passes to You when Leavemark or our supplier delivers these items to the carrier.
c. Payment Information; Taxes. All information that You provide to Leavemark (or our designated third-party payment provider) in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of Your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable tax, duty, custom or other Fee of any nature, imposed on the Services by any federal, state, local or foreign government authority if any, relating to any such purchases, transactions or other monetary transaction interactions, other than taxes on Leavemark’s income.
d. Subscription Plans. We may offer paid subscription plans for certain Services. If you provide a credit card or other payment method accepted by Leavemark and sign up for a monthly or annual paid subscription through the Service, you are expressly agreeing that Leavemark (or our designated third-party payment provider) is authorized to charge your payment method for the applicable subscription fee (plus any applicable taxes) on a recurring monthly or annual basis, as applicable. Your subscription will continue in effect and renew on a recurring basis, monthly or annually, unless and until you cancel your subscription.
e. Cancellation of Auto-Renew Subscription Plans. You must cancel your subscription at least one day prior to the billing date for the next subscription period, in order to avoid the next billing (subscription) period. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME (WHICH CANCELLATION WILL BE EFFECTIVE AS SET FORTH IN THE PRECEDING SENTENCE) BY LOGGING INTO SETTINGS UNDER YOUR PROFILE AND CHANGING IT UNDER ACCOUNTS. If you cancel your
subscription, the cancellation will be effective upon your receipt of confirmation from Leavemark of the cancellation, and Leavemark will not automatically renew your subscription thereafter.
a. Merchant Services; Eligibility. Certain aspects of the Service allow for Users to purchase goods and services (“Goods”) from other Users and third-party merchants (the User who purchases Goods is hereinafter referred to as the “Purchaser,” and the User who sells Goods is hereinafter referred to as the “Merchant,” and such Services are hereinafter referred to as “Merchant Services”). In order to use the Merchant Services as a Purchaser or a Merchant, You must be at least 18 years of age and able to form legally binding contracts under applicable law, and, if You use the Merchant Services, You represent and warrant that You are 18 years of age and able to form a legally binding contract under applicable law. Users may create Merchant Services accounts for children under the age of 18, but the User who creates such an account (such as a parent of a minor) will be the authorized User of the account and must represent that the User is a parent or authorized guardian of the minor.
b. Merchant Relationship; Disclaimer. When You purchase Goods via the Merchant Services, You are purchasing Goods directly from the Merchant, and not Leavemark. Leavemark does not manufacture, make, sell or otherwise distribute the Goods and does not endorse or assume any responsibility for product listings, Merchants, or any Goods, including the price, quality, legality or safety of such Goods. You, as a Purchaser, acknowledge and agree that You are interacting with Merchants at Your own risk and Leavemark shall not be responsible for any loss or damage of any sort relating to Your dealings with such Merchants, and expressly relieve and release Leavemark of any such responsibility. If You offer and sell Goods as a Merchant via the Merchant Services, You agree that you will comply with all applicable laws, rules, regulations and industry standards in the manufacturing, packaging, shipping, storage, labeling, marketing, promotion, sale and distribution of such Goods, including but not limited to laws, rules, regulations and standards related to import, export, health, safety, environment, labeling, country of origin designation, customs requirements, intellectual property and consumer protection. Merchants agree to indemnify and hold harmless Leavemark and its directors, officers, employees, agents and stockholders (the “Indemnified Parties”), from and against all claims, losses, damages, fees and expenses (including reasonable
attorney’s fees and costs) incurred or paid by the Indemnified Parties as a result of or in connection with any breach by the Merchant of this Agreement. You acknowledge that as a Merchant, you may be required to agree to separate additional terms with Leavemark.
c. Purchases. If You are a Purchaser, You are responsible for fully reading any product or service description prior to purchasing such product or service via the Merchant Services and agree that Merchants, not Leavemark, are solely responsible for establishing the terms upon which a product is sold. You agree to read and comply with all policies set forth by Merchants with respect to Goods, including a Merchant’s return, refund and shipping policies. You acknowledge and agree that it is the sole responsibility of the Merchant to identify, disclose and notify You of any applicable refund, exchange, or return policy with respect to Goods.
d. Disputes. If You are a Purchaser, You agree to contact the Merchant who sold You the Good directly with all inquiries regarding such Good, including complaints, problems and other issues You may have. Leavemark has no obligation to handle or facilitate the handling of any disputes between Purchasers and Merchants. For avoidance of doubt, any disputes with Leavemark shall be handled in accordance with the terms and conditions of these Terms.
Leavemark cares about the integrity and security of Your personal information. Leavemark uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of Your personal information and implement Your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use Your personal information for improper purposes. You acknowledge that You provide Your personal information at Your own risk.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEAVEMARK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL LEAVEMARK, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LEAVEMARK HEREUNDER OR $100.00, WHICHEVER IS GREATER.Â
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LEAVEMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.Â
The Services are controlled and operated from facilities in the United States. Leavemark makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if You are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
a. Governing Law. You agree that: (i) the Services shall be deemed solely based in Massachusetts (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Massachusetts. These Terms shall be governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. Â§Â§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Massachusetts any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Boston, Massachusetts is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
b. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LEAVEMARK. For any dispute with Leavemark, You agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Leavemark has not been able to resolve a dispute it has with You after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided 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 JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Massachusetts, unless You and Leavemark agree otherwise. If You are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall not include costs of arbitration, attorneys’ fees or other costs and fees; each party shall bear its own costs, except that a party may seek to recover fees and costs pursuant to JAMS rules. If You are an individual using the Services for non-commercial purposes: (i) JAMS may require You to pay a fee for the initiation of Your case, unless You apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include Your costs of arbitration, Your reasonable attorney’s fees, and Your reasonable costs for expert and other witnesses; and (iii) You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve You of Your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Leavemark from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security,
Intellectual Property Rights or other proprietary rights.
c. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LEAVEMARK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Last Modified: December 4th, 2019.