All sales are final. Not completing a sale or shipping your game can result in a fee/penalty.
We are not a retailer, re-seller, or middleman. Leaptrade helps connect people together complete the sale of a game. For helping with the sale and providing other services, we take a small fee.
Leaptrade is not liable for seller actions. We will do our best to prevent fraud and help you
resolve problems that do arise.
Buyers and sellers are responsible for issuing refunds and solving disputes through PayPal. Not to worry we’re here to help but only you can control your own account.
We keep your private information private. We do not sell such information.
We are not liable for what our users post, but we will use our best efforts to moderate it.
BY ACCESSING OR USING LEAPTRADE.COM AND/OR BY CLICKING "I AGREE", YOU AGREE TO BE BOUND BY THIS USER AGREEMENT. YOU HEREBY REPRESENT AND WARRANT TO LEAPTRADE THAT YOU ARE AT LEAST 18 YEARS OF AGE, WHILE INDIVIDUALS UNDER THE AGE OF 18 MAY UTILIZE THE LEAPTRADE SITE OR SERVICE, THEY MAY DO SO ONLY UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN. AND THAT YOU AGREE TO BE BOUND BY THIS USER AGREEMENT.
Any registration with, use of or access to the Website or Service by anyone under the age of 13 is strictly prohibited and in violation of this Agreement. Note that the Leaptrade Site and Services are not directed at collecting information from children under the age of 13, nor are they intended to be used by children under the age of 13. If we receive notice that we have inadvertently collected information from a child under 13, we will take all reasonable steps to delete the information collected from that child.
Anyone over the age of 13 may create a user account. You do need to have a user account to make posts, contribute to reviews, ratings, comments, blogs or vote on the site. All of the information that you supply to us in creating your user account must be accurate. You are responsible for maintaining the confidentiality of your account and password. We may reject any user name that violates these Terms and Conditions, including any user name that uses another person's identity or that violates our content guidelines. We may use the email you provide to us in your user account to provide you with service messages and updates. By becoming a site member you are consenting to the receipt of these communications
Leaptrade reserves the right, at Leaptrade's discretion, to change, modify, add, or remove portions of this User Agreement at any time by posting the amended Terms to the Leaptrade Website. Please check this User Agreement and any Policies periodically for changes. Your continued use of the Leaptrade’s Service after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms will automatically be effective thirty (30) days after they are initially posted on the Leaptrade Website.
To participate in activities on the Leaptrade Service, you must register for an account on Leaptrade.com. Upon registration and the activation of your account you will be considered a member of the Leaptrade Service with user permissions permitting you to use the Leaptrade Service for permitted activities, including the buying, selling & trading of games. Leaptrade allows only one account per household. If more than one account is needed you may contact the admin at firstname.lastname@example.org to request special permission for multiple household accounts. The request must state why more than one household account is needed. You will be responsible for safeguarding your password. You are responsible for keeping your account information accurate and current. You agree to notify Leaptrade of any loss of your password or account identifiers and any unauthorized use of your password or account identifiers. You acknowledge and agree that Leaptrade is not liable for unauthorized transactions or use of your Leaptrade account due to any failure of you to keep your password credentials secret. You acknowledge and agree that Leaptrade will have no responsibility or liability, directly or indirectly, for failure to deliver notices that result from inaccurate account information.
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, leaptrade.com cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential buyers, sellers & trading partners through the tools available on the Site.
You can connect your Leaptrade account to Facebook. If you choose to connect, you'll be able to take advantage of various social features we will be creating as part of the Leaptrade service, as well as features available on Facebook. These features will be designed to share information with others - the essence of social media. For example, your friends and others who have access to view information about you on Facebook will be able to see (on Facebook and on Leaptrade) that you're a Leaptrade member as well as what you've traded, rated, reviewed and other information about your use of the Leaptrade service. You'll also be able to see similar information about your Facebook friends who are connected with Leaptrade. In addition, Leaptrade may personalize and otherwise enhance your experience based on your Facebook information, such as your basic information, Likes and Interests. Please pay careful attention to your Facebook Connect settings in Your Account as well as your Privacy Settings in Facebook which will impact this feature and may give you some control over the information that is shared and who it is shared with.
Please note that only one Facebook account can be connected to each Leaptrade account. All Leaptrade account activity will be posted automatically to the Facebook account that is connected to Leaptrade. If you have authorized more than one member of your household to use your Leaptrade account, it is possible that their Leaptrade activity may be posted to your Facebook account or be visible to your Facebook friends using the Leaptrade service.
We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and leaptrade.com is not responsible for the acts or omissions of users on the Site.
SHIPPING OF GOODS
When a sale or trade for goods has been Confirmed or agreed upon, the user is required to ship their item to the Shipping Address of their trading/receiving partner within 72 hours, unless otherwise agreed by their trading partner. Failure to ship an item on a timely basis can result in the suspension of the user's access to the Site, and may result in the termination of User's account, at the discretion of Leaptrade. Leaptrade is not responsible for the loss or damage of an item in shipping. The timely delivery of an item in the same condition that the user ascribed to that item is the responsibility of the user who is shipping the item, You as the User will take all reasonable precautions to ensure that those Products mailed to other Users arrive in good condition.
Leaptrade Credits ("Credits") are the internal currency used on the Site to complete Trades. The Company assigns Credits to Products based on their current market value. A User earns Credits by sending their game(s) to other Users, purchasing through buy credits page, or at the discretion of Leaptrade. Credits are used to receive available games on Leaptrade. Credits are only redeemable for Games offered for exchange on the Site and are subject to the availability of requested Games. CREDITS CANNOT BE REDEEMED FOR CASH.
Cash can be used on the Site to complete Trades through the exclusive use of Users PayPal accounts. The Company does not hold or maintain any credit card or bank information or maintain any cash balances on Leaptrade. All transactions are facilitated through PayPal website and subject to their transaction policy.
In the event that User's account is Inactive (as defined herein) for a period of 12 months or longer, the Company may, at its sole discretion, cancel User's Credits and all such Credits shall be forfeited. An account shall be considered "Inactive" if the User did not login to the Site or complete any Transactions during the previous 12 month period. Additional details regarding Credits are available on the Site.
Once a trade has been completed, both users will be afforded an acceptance period as designated by Leaptrade to inform Leaptrade whether there was an issue with the delivery of their games. If a user indicates that there is a problem with the item within the Acceptance Period, the issue will be resolved according to Leaptrade’s Trade Protection & Transaction Policy.
Leaptrade Trade Protection Policy
Please note that the Leaptrade Trade Protection Policy applies only to the transaction—it is not a product warranty of any kind or a solution for buyer's remorse. The Leaptrade Trade Protection Policy is subject to all of the terms and conditions of Leaptrade.com.
Before submitting a dispute, buyers should first contact the seller and attempt to resolve the issue. If the buyer doesn't hear from the seller or can't resolve the issue with the seller, they can file a dispute under the Leaptrade Protection Policy.
When traders are involved in an Leaptrade Protection case, Leaptrade may provide or give them access to each other’s names, user IDs, email addresses, other contact information, and other information relating to the case, including without limitation, any relevant documentation obtained from a third party.
Traders permit us to make a final decision, in our sole discretion, on any case that the offended files with Leaptrade under the Leaptrade Trade Protection Policy.
All successful disputes will result in reimbursement of credits(for credit trades only) and cash(for cash trades only), to one or both parties, in an amount equal to the value of the disputed trade. Cash reimbursement will be defined by the Paypal transaction policy and their terms and conditions. All reimbursements are either subject to the PayPal support team final resolution or the Leaptrade support team final assessment. Additional policy rules can be found at Trade protection Policy
Conditions under which a case can be filed:
As a User, you can file a case under the Leaptrade Trader Protection Policy when All the following are true:
· You are an eligible Trader.
· You completed a trade of an eligible game on leaptrade.com and submitted a case within 45 days from the date of the trade.
· The item is not excluded from the Leaptrade Trader Protection Policy.
· There is a good faith dispute between you and the other trading party regarding the item. A good faith dispute does not exist if you improperly claim that the trader has not fulfilled the transaction, if you claim you never received the game or games when in fact you did, if you refuse to accept shipment of the game, or if you claim the game was not as described but the trader can prove otherwise. Moreover, a good faith dispute does not include Trader's remorse (that is, the game delivered was as described, but you no longer want the game regardless of the reason). Additional information can be found at Trade protection Policy
Seller is obligated to fulfill a sale or otherwise complete the transaction with the buyer in a prompt manner.
Leaptrade sales are binding, though they may become void in certain circumstances.
Users may incur a fee/penalty for not completing a valid transaction at the discretion of Leaptrade
Buyer may void a sale and request a refund if the seller does not comply with Sale Fulfillment policies.
Seller may cancel a sale if they suspect fraud on the part of the buyer. In events of suspected fraud the seller must notify Leaptrade immediately BEFORE canceling.
Returns and Refunds
If an item is received not as described the buyer shall be entitled to a refund.
Sellers should refund promptly for returned items after received.
Leaptrade will refund sale fees to buyers when a sale is voided due to fault of the seller or Leaptrade.
If an item is received as advertised, but the buyer wishes to return ("buyer's remorse"), the seller is not obligated to accept a return. Any refund in "buyer's remorse" situations should be less any fees already incurred by the seller. Leaptrade sale fees are not refundable in such situations.
Refunds are subject to PayPal's refund policies and limitations.
Shipping Costs on Returned Items
When an item is to be returned either the buyer or seller will pay return shipping costs.
If an item is received in an unusable state and must be returned, the seller is responsible for return shipping to the buyer to remain in good standing.
If an item is returned due to a disagreement in the condition of a device (e.g. good vs. fair), the buyer is typically responsible for covering return shipping costs.
Returned items should be shipped with proper tracking and insurance for the buyer's protection.
When you post or transmit content on or through the site, you grant Leaptrade and our affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the content that you submit to the site for any purpose, in any form, medium, or technology now known or later developed. You also grant us a license to use your name, city and state in connection with our use of any content you provide to us. You also consent to the display of advertising within or adjacent to any of your content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this User Agreement and will not cause injury to any person or entity; and that you will indemnify Leaptrade for all claims resulting from your submitted content. Leaptrade has the right but not the obligation to monitor and edit or remove any user submitted content. Leaptrade takes no responsibility and assumes no liability for any content posted by you or any third party. You understand and agree that Leaptrade may retain, but not display, distribute, or perform, server copies of your submitted content that have been removed or deleted by you.
In order to make our site useful, interesting, and safe the following guidelines have been established for any content you submit:
a. Do not post threatening, harassing, defamatory, or libelous material.
b. Do not intentionally make false or misleading statements.
c. Do not post pornographic, sexually explicit or obscene material;
d. Material cannot contain any personally identifying information about any person without their consent or about any person who is a minor;
e. Do not post material which may be deemed generally offensive to the site community, including blatant expressions of bigotry, prejudice, racism, hatred or profanity;
f. Violates the rights of privacy or publicity of any person; is libelous, slanderous or defamatory;
g. Do not post material that infringes copyright or any other intellectual property interest.
h. Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
i. May not post content that includes advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose;
j. Keep all comments relevant to where the comment is being posted.
LEAPTRADE RIGHT TO REMOVE CONTENT.
Leaptrade reserves the right to remove any Content from the Site 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 Content or if Leaptrade is concerned that User may have breached any of its obligations), or for no reason at all.
Use of the Reviews and comments feature is for your personal, non-commercial use and is at your own option and risk. The Reviews feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
Third-Party Sites, Products, and Services
The site provides access and contains links to third party Internet sites and services. Your use of those sites and services is subject to the terms and conditions of those sites. We are not responsible for the activities of any third parties site.
Leaptrade Referrals Program Terms
We offer Leaptrade users the opportunity to earn rewards by referring friends to try the Service ("Referral Program"). Participation in the Referral Program may require users to submit personal information about themselves and their friends, such as name and e-mail address. By participating in the Referral Program, users agree to receive communications from Leaptrade, with regards to participation in the Referral Program. The following guidelines shall apply to a user's participation in any Referral Program:
a. A valid referral is a new member who signs up and joins the Leaptrade experience. They must actively engage in the service by creating a username and providing a valid email address as well as actively participating in the site.
b. Users may not participate in a Referral Program where doing so would be prohibited by any applicable law or regulations.
c. A user’s eligibility to earn a reward will be based on the ability to make referrals that result in new Leaptrade users.
d. Referrals to existing Leaptrade users will not count towards eligibility to earn a reward.
e. Credit for referrals can only be given out for those referrals who participate using their unique referral link.
We currently offer RSS feeds as a convenient way to pass information about your Leaptrade account or that is publicly available on the Leaptrade site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. Leaptrade may also choose, at any time, to provide feeds in other formats, such as Atom. All use of the RSS and other feeds ("Feeds"), including obtaining a Feed from the Leaptrade website or receiving it into an application or website or displaying the content received from such Feeds, is at your own option and risk, By using the Leaptrade Feeds, you acknowledge and agree that you are consenting to the information about your account being transferred to the location of the Feed as enabled by you and that your use of a Feed may cause personally identifying information to be associated with you, even if such information is not provided by the Feed.
Leaptrade takes your privacy very seriously. We will not sell your information to third parties for marketing purposes without your consent. Your information will only be used as described in the Leaptrade Private Policy. If you object to your information being used in this way please do not use our services.
Children and Mature Content
Leaptrade.com is not directed to children under the age of 13. Leaptrade will not knowingly collect personally identifiable information on or through the Site from anyone under 13. Please be aware that certain areas on the Site contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Content on the Services that you find offensive, indecent or objectionable. By using the Site you assume all risk associated with its use. We encourage parents to supervise their children's use of the Site and maintain open communication regarding appropriate materials for use and viewing by their children. Note to Parents. If you have any concerns about the Site, please contact us via our email email@example.com.
Prohibited Trade Uses
Committing to send a Product but not actually sending it, or sending it after an unreasonable delay.
Claiming a Product was never received when in fact it was.
Claiming a Product is lost, broken, incorrect, scratched or otherwise problematic when it is not.
Claiming to own a Product that User does not own the rights to.
Creating a different User ID to avoid adverse action.
MISREPRESENT THE CONDITION OF ITEM(S) YOU LIST FOR SALE OR TRADE
MAKE FRAUDULENT OR OTHER MISREPRESENTATIONS WITH RESPECT TO ITEMS YOU OFFER FOR SALE, TRADE OR REQUEST TO RECEIVE OR SHIP
PLACE MARKETING MATERIALS FOR GOODS OR SERVICES INTO A SHIPMENT TO A TRADER
User understands and acknowledges that User is required to provide its mailing address to Leaptrade as a condition to exchanging video games. Leaptrade reserves the right to verify any User's mailing address. When exchanging video games User’s address will be provided to offering user for shipping purposes.
In the event a User claims more than two (2) instances of having received a lost, broken, incorrect, scratched or otherwise problematic Product, Leaptrade may, at its sole and complete discretion, determine that the User is not eligible to use the Services and Leaptrade may elect not to apply any credit to the individual's account for such lost, broken, incorrect, scratched or otherwise problematic Product. In addition to suspending or terminating a User's account or access to the Site or Services, Leaptrade may pursue any remedies available at law.
In the event a User is reported shipping a lost, broken, incorrect, scratched, counterfeited or otherwise problematic Product, Leaptrade may, in its sole and absolute discretion, determine that the User is not eligible to use the Services and Leaptrade may elect not to apply any credit to the individual's account for such lost, broken, incorrect, scratched, counterfeited or otherwise problematic Product. In addition to suspending or terminating a User's account or access to the Site or Services, Company may pursue any remedies available at law.
User may not select or use as a User ID a name of another person with the intent to impersonate that person;
User may not use as a User ID a name subject to any rights of a person other than User without appropriate authorization.
User may not create multiple User IDs within a single household;
User may not create multiple User IDs in two or more households for the purpose of defrauding Leaptrade or avoiding adverse action by Leaptrade with respect to User's account.
Impersonate another person or entity, or access the Leaptrade service accounts or others without permission, or misrepresent the source, identity, or content of information transmitted via the Leaptrade service.
User may not use of the service for any purpose other than to access the Leaptrade service.
CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE LEAPTRADE SERVICE OR FEATURES THAT PREVENT, LIMIT OR RESTRICT USE OR COPYING OF ANY MATERIALS OR ANOTHER MEMBER'S SUBMITTED MATERIALS;
Users may not illegally copy games.
User shall not list or exchange games or other products that are counterfeited or in violation of the publisher or developer’s EULA
User's access to the Site or Services may be immediately terminated in the event the User uses the Site or Services for illegal purposes or makes unlawful copies of games or unlawfully distributes games.
DO ANYTHING IN CONNECTION WITH THE LEAPTRADE SERVICE THAT VIOLATES ANY LAW, REGULATION, TREATY OR THIRD PARTY RIGHT;
PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE LEAPTRADE OR ANY THIRD PARTY;
RENT, LEASE, LOAN, SELL, RESELL, SUBLICENSE, DISTRIBUTE OR OTHERWISE TRANSFER THE LICENSES GRANTED TO YOU;
DELETE INDICATIONS OR NOTICES REGARDING THE COPYRIGHT OR OTHER PROPRIETARY RIGHTS ON THE LEAPTRADE SERVICE OR ANY THIRD PARTY CONTENT;
MAKE UNSOLICITED OFFERS, ADVERTISEMENTS, PROPOSALS, OR SEND JUNK MAIL OR SPAM TO OTHER MEMBERS.
USE THE LEAPTRADE SERVICE FOR ANY ILLEGAL PURPOSE, OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, AND DATA PROTECTION AND PRIVACY;
DEFAME, HARASS, ABUSE, THREATEN OR DEFRAUD MEMBERS, OR COLLECT, OR ATTEMPT TO COLLECT, PERSONAL INFORMATION ABOUT MEMBERS OR THIRD PARTIES WITHOUT THEIR CONSENT;
REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE LEAPTRADE SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
INTENTIONALLY INTERFERE WITH OR DAMAGE OPERATION OF THE LEAPTRADE SERVICE OR ANY MEMBER'S ENJOYMENT OF IT, BY ANY MEANS, INCLUDING UPLOADING OR OTHERWISE DISSEMINATING VIRUSES OR OTHER MALICIOUS CODE;
HARVEST ANY LEAPTRADE INFORMATION, CUSTOMER INFORMATION, PRODUCT INFORMATION, MARKET DATA, OR PRODUCT VALUE DATA FROM THE LEAPTRADE SERVICE, WHETHER BY USING AUTOMATED MEANS (SUCH AS HARVESTING BOTS, ROBOTS, SPIDERS, OR SCRAPERS) OR OTHERWISE, WITHOUT LEAPTRADE'S PRIOR WRITTEN CONSENT.
FEES, PAYMENT, CREDIT CARD PROCESSING.
Some Leaptrade Services require payment of FEES. User hereby agrees to pay all applicable fees, as described on the Site in connection with such Services selected by User. User hereby authorizes leaptrade automatically to charge User's credit card account for any and all fees incurred by User in using the Site or Services, without the need to provide any further notice to User of the fees so incurred. Leaptrade reserves the right to change its price list and to institute new charges at any time. Use of the Services by User following such changes constitutes User's acceptance of any new or increased charges. User acknowledges that all payments for Services offered by Leaptrade are managed by an online payment platform serviced by Amazon and Paypal. Credit card information is entered by Users directly on the online payment provider's secure website. Leaptrade does not collect credit card information and is not permitted to access this information during payment. User agrees that leaptrade shall not be liable in the event of error, fraud, identity theft, or other problems with credit card processing or online payment processing. Unless otherwise stated, all fees are quoted in U.S. Dollars. You acknowledge and agree that Leaptrade does not and will not collect taxes for remittance to applicable taxing authorities. You are solely responsible for paying all fees and applicable taxes associated with your use of Leaptrade services in a timely manner with a valid payment method. It is your responsibility to remit any taxes that apply to your transactions to the appropriate taxing authorities. You agree to indemnify and hold Leaptrade harmless from and against any claim arising out of your failure to do so.
Leaptrade holds the right to charge a penalty in the form of a monetary fee to either the Seller or Buyer if either does not complete a sale or purchase as agreed upon.
By using the Leaptrade service, you consent to receiving electronic communications from Leaptrade. These communications will include notices about your account (e.g., shipping and receiving, password change confirmation e-mails and other transactional information) and information concerning or related to our service, such as site features and other information or offerings. These communications are part of your relationship with Leaptrade and you receive them as part of the Leaptrade membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Intellectual Property Rights Policy
Leaptrade respects the rights of intellectual property holders. If you believe that any content on the site violates these Terms and Conditions or your intellectual property rights, you can report such violation to us. In the case of an alleged infringement, please provide the following information:
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site (including the exact URL);
An address, a telephone number, and an e-mail address where we can contact you;
A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
Your electronic or physical signature.
We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information Leaptrade.
We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies.
Disclaimer Of Warranties And Limitation Of Liability
Although we are commonly referred to as an online trading web site, it is important to realize that we do not set up trades, we merely facilitate them. Instead, we provide a venue for our members to trade games at anytime, and from anywhere. We are not involved in the actual transaction between fellow traders. We cannot ensure that a trader will actually complete a trade. We provide no guarantee of the quality, authenticity, or legality of items traded through Leaptrade, nor the truth or accuracy of the listings. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
Leaptrade and its affiliates will not be liable for any damages of any kind arising from the use of Leaptrade services or applications or any information, materials, content, services, and products (including all software applications), included or made available to you by Leaptrade, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. LEAPTRADE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, MATERIALS, CONTENT, SERVICES, AND PRODUCTS (INCLUDING SOFTWARE APPLICATIONS), INCLUDED OR MADE AVAILABLE TO YOU, UNLESS OTHERWISE SPECIFIED IN WRITING.
LEAPTRADE DOES NOT WARRANT THAT THE LEAPTRADE SERVICE, INFORMATION, MATERIALS, CONTENT, SERVICES, AND PRODUCTS (INCLUDING SOFTWARE APPLICATIONS), OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THEREON, WHETHER DELIVERED THROUGH THIRD PARTIES, OR EMAIL SENT FROM LEAPTRADE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO THE LEAPTRADE SERVICE, AND OPERATION OF THE LEAPTRADE SERVICE OR APPLICATIONS MAY BE DISRUPTED BY FACTORS OUTSIDE OF OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, WE EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OUR SITE OR APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (I) THE TOTAL VALUE OF THE GAME(S) IN QUESTION WHICH WERE TRADED PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY AND (II) $100.
You hereby release Leaptrade, and its officers, directors, agents, subsidiaries, and employees from claims, demands, and damages (actual and consequential), known and unknown, of any type and nature, deriving from, or in any way, from disputed or unsuccessful transactions.
If you are a California resident, you waive California Civil Code B § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You hereby agree to indemnify, defend and hold harmless Leaptrade and its officers, directors, agents, subsidiaries, and employees harmless from any claim, proceeding or demand, including reasonable attorneys' fees, made by any third party due to or arising from breach of this User Agreement, or your violation of any law or the rights of a third party.
Choice of Law and Forum New York
This User Agreement shall be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. Any dispute arising out of or relating to this User Agreement or your access or use of the Leaptrade Service will be subject to the exclusive jurisdiction of the state and federal courts located within Weschester County in the State of New York, and you hereby submit to the personal jurisdiction of such courts. YOU AND LEAPTRADE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LEAPTRADE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. Nothing expressed or mentioned in or implied from this User Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this User Agreement. This User Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Leaptrade, you, and relying buyers or sellers. The availability of any Leaptrade Service on any third party site does not indicate any relationship or affiliation between Leaptrade and such site.
Unless explicitly stated otherwise, legal notices shall be served to the email address you provide to Leaptrade. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the default address provided by you to Leaptrade. In such case, notice shall be deemed given three (3) days after the date of mailing.
Termination; User Agreement Violations
You agree that Leaptrade may, and without penalty, suspend or terminate any account (or any part thereof) you may have on the Leaptrade Service and remove and discard all or any part of your account, Member profile, and any Submitted Materials, at any time. Leaptrade may also in its sole discretion and at any time discontinue providing access to the Leaptrade Service, or any part thereof (including without limitation all Materials), with or without notice. You agree that any termination or suspension of your access to the Leaptrade Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Leaptrade will not be liable to you or any third party for any such termination. As discussed herein, Leaptrade does not permit copyright infringing activities on the Leaptrade Service, and shall be permitted to terminate access to the Leaptrade Service, and remove any Submitted Materials or other video content submitted by any Members who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (i) the Leaptrade Service, (ii) any term of this User Agreement, (iii) any policy or practice of Leaptrade in operating the Leaptrade Service, or (iv) any content or information transmitted through the Leaptrade Service, is to terminate this User Agreement and your account. You may terminate this User Agreement at any time by discontinuing use of any and all parts of the Leaptrade Service. For clarity, no fees payable or credits purchased by you hereunder are refundable upon termination of this User Agreement by you.
This is the entire agreement between you and Leaptrade relating to the subject matter herein and will not be modified except by a change to this User Agreement or Policies made by Leaptrade as set forth above. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. You can contact Leaptrade LLC at 487 E Main St., Suite 119, Mount Kisco, NY 10549. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.