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Terms & Conditions

Last Updated: May 20, 2026.

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Terms and Conditions

IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO PARAGRAPH 15 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION AND PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION, AS WELL AS SECTIONS 16-17 WHICH CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER FOR NON-ARBITRABLE DISPUTES.

Overview

Line Services, Inc. d/b/a LineLeap (“LineLeap”, “we”, “us”, or “our”) provides a platform for discovering, accessing, and transacting with venues, events, and brands through our websites, mobile applications, and related services. These Terms of Service (“Terms”) govern access to and use of our website, mobile application, or any site that links to these Terms (together, the “Site”) and the services we make available through the Site (the Site and such services collectively, the “Services”). These Terms are a legally binding agreement between LineLeap and you, either personally or on behalf of an entity.

By using the Services, you agree to the Terms and all terms and documents linked to these Terms or otherwise incorporated herein by reference, including our Privacy Policy. If you don’t agree with these Terms, please don’t use the Services.

1. General Conditions

We reserve the right to refuse to provide the Services to anyone for any reason at any time. We may change, add, or remove features, products, or functionalities, or we may also suspend or stop the Services altogether. We may take any of these actions at any time for any reason, with or without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

The Services, including the Site, are not intended for children, and you must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant that (a) you are over 18 years old and at least the age of majority in your state or province of residence, or (b) you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services.

You represent and warrant that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.

2. About LineLeap

LineLeap functions as a platform where venues/promoters/event organizers (the “Organizers”) can list and sell tickets to various events (“Organizer Events”) and/or related merchandise, services and other products, and users can purchase these items from Venues. LineLeap also hosts its own events and sells tickets for those events (“LineLeap Events”). Individually an “Event” and together with Organizer Events, “Events”). 

For Organizer Events, the Organizer is the organizer and owner of the Event as well as the ticket seller, and the Organizer is solely responsible for the Event and for complying with federal, state and local laws, rules and regulations related to the Organizer Events and all merchandise or other products they sell. LineLeap does not verify an Organizer’s compliance with laws nor does it endorse Organizer Events or other offerings made available by Organizers on the Services. LineLeap retains the right, but does not have any duty, to investigate or guarantee the truthfulness of any claims made by Organizers or to screen Organizer Events or other offerings. LineLeap bears no liability, and has no obligation to investigate, resolve, or otherwise participate in or become involved in any dispute between you and an Organizer.

By accessing the Services, you agree and acknowledge that the Organizers are solely responsible for, and LineLeap shall not be liable or responsible for, the services or products provided to you by any Organizer, including but not limited to, an Organizer Event, nor shall LineLeap be responsible for any acts, omissions, errors or misrepresentations made by any Organizer or any subcontractor of any Organizer.

3. LineLeap Account

You will need to create an account to use some or all of the features of the Services. You are solely responsible for maintaining the security and confidentiality of your account and you may not share your login information or transfer your account to another individual without our written permission. You are solely responsible and liable for all activity that takes place in connection with your account, including purchases and User Content (as defined below) uploaded using your account. If you think your account has been compromised, you must notify us immediately. LineLeap will not be liable to you for any loss or damage that occurs in connection with any unauthorized activity on your account. 

In creating an account, you represent that all information you provide is accurate, complete and current, and that you will update your information as necessary. You may only create an account for yourself, and must use a phone number and/or email address that belongs to you. You may not impersonate someone else, create multiple accounts except as otherwise authorized by us, or provide or use false information. We reserve the right to remove or reclaim any accounts or usernames at any time and for any reason. 

4. Services

License to Services 

Subject to your compliance with these Terms and the payment of all relevant fees and charges, LineLeap grants you a non-exclusive, limited, revocable license to use the Services in accordance with these Terms and all relevant documentation.

Restrictions 

You may use the Services only as set forth herein and in compliance with applicable law. 

You may not:

  • use the Services in violation of, or in connection with violating, any applicable law or any legal or contractual rights of us or any third party, or any obligations you may have to any party (including, without limitation, intellectual property rights, privacy or publicity rights, and confidentiality obligations);
  • reproduce, duplicate, copy, sell, resell, exploit, or use for a commercial purpose that does not benefit LineLeap any portion of the Services, or use of or access thereto;
  • interfere with, disrupt, or create undue burden on the Services or the networks or services connected thereto by any means;
  • crawl, scrape, or use other automated means like “spiders” and “robots” to access or collect data or content from the Services;
  • circumvent any of the Services’ security measures, reverse engineer any portion of Services, obtain any source code, or create back doors or any form of unauthorized access to the Services;
  • upload, email, or otherwise transmit any material that contains viruses, corrupted files, Trojan horses, worms, or any other computer code, software, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or that may adversely affect the operation of the Services; 
  • upload User Content except in accordance with our community standards; 
  • enable or encourage anyone to do any of the foregoing; or
  • use the Services in any way not specifically permitted by these Terms.

If you violate any provisions or restrictions of these Terms, we reserve the right, in our sole discretion and without notice to you, to suspend, terminate, delete, and/or deactivate your account, and/or block or limit your access to the Services. We are not liable to you or any third party for any termination of your account or access to the Services. LineLeap reserves the right to hold you liable for any and all amounts due via the Services upon termination, suspension, deactivation, or deletion of your account for any reason.

5. Our Intellectual Property Rights

With the exception of your User Content, all content on the platform is owned by LineLeap and its licensors, including information, material, software, images, text, graphics, passes, logos, interfaces, videos, pictures, sounds, scripts, “look and feel” of the Services, and all related intellectual property rights (“LineLeap Content”). The Services and the LineLeap Content are protected by copyright, patent, and trademark laws, other relevant intellectual property and proprietary rights, and applicable laws. You may not copy, display, create derivative works from, or otherwise use any LineLeap Content without LineLeap’s or our licensors’ explicit authorization. Except for the limited license to the Services set forth above, LineLeap retains all rights in and to the Services and the LineLeap Content. All other rights are expressly reserved. 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding our Services (“Feedback”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any of the Feedback, and you hereby warrant that any such Feedback is original or that you have the right to submit it. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

6. User Content

The Services may enable you to upload, post, or otherwise make available through the Services content including but not limited to photographs, videos, reviews and comments. Such content, along with any content provided to an authorized representative of LineLeap during an Event is collectively referred to herein as “User Content”. By providing LineLeap with User Content, you grant to LineLeap a worldwide, irrevocable, perpetual, transferable, sub-licensable, royalty-free, non-exclusive license to use, copy, reproduce, adapt, transmit, edit, modify, adapt, adopt, publicly display, distribute, translate and create compilations and derivative works from such User Content in all formats and media now known or later developed for the purpose of operating, providing, maintaining and improving the Services and developing new ones. This license includes the right to use your User Content for LineLeap’s business purposes, including but not limited to operating, improving, promoting, and marketing the Services. 

You understand and acknowledge that you, not LineLeap, are entirely responsible for User Content, and you, not LineLeap, assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in User Content that makes you or anyone else personally identifiable. By submitting User Content to us, you (a) represent and warrant that you own or have the necessary rights, consents, and permissions to use and authorize the use of User Content as described herein and (b) that all User Content will conform to our community standards. Under no circumstances will LineLeap be liable in any way for any User Content.

You understand that by using the Services, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any User Content available on or through the Services and that we disclaim all liability in connection with User Content. While you will have access to such User Content, it is not yours and you may not copy or use User Content for any purpose except as contemplated by these Terms. Without limiting the generality of the foregoing, you may not copy such User Content or use User Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse User Content of other users. 

LineLeap does not control, is not responsible to review, and does not necessarily regularly review User Content. Notwithstanding the foregoing, LineLeap reserves the right to review any User Content at any time in its sole discretion, for any reason or no reason, and to delete or edit any User Content with or without notice. Without limiting the foregoing, LineLeap and its designees shall have the right to remove any User Content that violates these Terms or is otherwise offensive or objectionable in LineLeap’s sole discretion.

7. Third-Party Services

The Services may contain links to or integrations with third-party vendors, websites, platforms, applications, or services (collectively, “Third-Party Services”) that are subject to different terms and privacy practices. Your use of and interactions with any Third-Party Services (including any purchases made on Third Party Services) are governed by the third party’s terms and not by these Terms. You interact with Third-Party Services at your own risk.

We do not own or control Third-Party Services, and we are not responsible or liable for any aspect of such Third-Party Services, including but not limited to any harm or damages related to any interactions or transactions you may have with Third-Party Services (such as any information, content, or materials provided by Third-Party Services or your purchase or use of any products or services from Third-Party Services). Links and integrations to Third-Party Services are not an endorsement or recommendation.

You may be able to purchase certain products via Third-Party Services. Some third parties provide us with a commission when a user of our Services makes a purchase from the third party using the link on our Services.

Please review carefully any third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. To the fullest extent permitted by law, LineLeap disclaims all liability arising from interactions with third-party services.

8. Terms for Purchases Made Through the Services

These Terms govern purchases made through the Services, and this Section 8 contains additional terms that govern such purchases. These Terms do not cover any purchases made from, or other interactions with, Third-Party Services.

Accuracy

We do not guarantee that information about LineLeap Events, Organizer Events or related products or services made available for purchase on the Services is accurate, complete, reliable, error-free or current. Occasionally the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, change or update information on the Services, and cancel any order if any information in the order is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including without limitation pricing information except as required by law.

We have made every effort to display the images of products that appear on the Services as accurately as possible. We cannot guarantee that your device’s display of any color or image will be accurate.

Order Acceptance, Billing, and Tickets

We reserve the right to refuse any order you place with or through our Services. We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, phone number, or physical address provided when you placed the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made on the Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You also agree that you will pay for all purchases made through the Services and are responsible for timely payment of all purchases. You agree that LineLeap may charge your payment method for any tickets purchased and for any additional fees, which include: late fees, taxes, delivery fees, chargebacks, service fees, or transfer fees. All charges are due immediately upon finalizing a purchase and failure to pay due to an invalid or expired payment method may result in excess charges and a possible discontinuance of your account.

Each ticket for an Event is valid for one night only unless stated otherwise on the ticket. LineLeap is not liable for any damages or funds lost due to tickets not being redeemed. Purchase of a ticket for an Organizer Event does not guarantee entry to any location. Admittance of individuals is up to the discretion of the Organizer. LineLeap is not liable for any repercussions due to lack of admittance to an Organizer Event.

Together with the offer and sale of a ticket for an Organizer Event, you may have the opportunity to pre-purchase an Organizer’s products and services through the Site, including the pre-purchase of alcoholic and non-alcoholic beverages (a “Drink Purchase”). Drink Purchases are valid only for the date set forth on the ticket and are not redeemable for cash. If you do not redeem a Drink Purchase, you are not eligible to receive a refund, credit or discount of the amount paid for such Drink Purchase. When redeemed, all amounts paid in connection with a Drink Purchase (excluding any amounts paid in connection with a LineLeap pass or other purchased Services) shall be paid to the venue/party licensed to sell such beverages. As with Organizer Events, the Organizer may deny you the right to redeem your Drink Purchase and LineLeap disclaims all liability in connection therewith.

Where LineLeap is hosting a LineLeap Event, LineLeap is the seller of record for the ticket. When LineLeap is the seller, it will be identified at checkout.

Prices and Charges 

If you buy goods or services from Organizers using the Services, the prices that are displayed to you may be inclusive of prices charged by the Organizer, fees paid to LineLeap and all applicable taxes. Such charges will be owed directly to the Organizers, and LineLeap will collect payment from you on the Organizer’s behalf. 

Prices are subject to change without notice, and we do not provide protection in the event of a price change. We cannot confirm the price of a purchase until after your order is placed. Pricing errors may occur on the Services. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation from us. We may, in our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products on the Services may differ from pricing for similar products sold by other providers.

Refunds

You may not cancel, reschedule, substitute, return, or exchange tickets for an Event after purchasing them. Charges paid by you are final and non-refundable unless otherwise determined by LineLeap or an Organizer. If an Event does not take place, you may request a refund directly from the Organizer or LineLeap, depending on whether you have purchased an Organizer Event or a LineLeap Event.

9. Rewards and Points Program

Program Overview

LineLeap may, in its sole discretion, offer a rewards or loyalty program (the “Program”) that allows eligible users to earn promotional points (“Points”) in connection with qualifying purchases or activities within the LineLeap mobile application.

Participation in the Program is voluntary and subject to these Terms.

Nature of Points

Points are issued at LineLeap’s discretion and may be used only for eligible purchases within the Services, as determined by LineLeap. Points cannot be purchased, have no cash value, are not redeemable for cash, are not transferable or assignable, and do not constitute property. Points are not gift certificates, gift cards, stored value, or prepaid access, and they confer no vested rights on any user. Points are not transferable and do not create ownership. 

Earning Points

Points may be earned through qualifying purchases or other promotional activities, such as gameplay, as designated by LineLeap from time to time. LineLeap reserves the right to modify earning rates, limit the amount of Points that may be earned, exclude certain purchases or activities from eligibility, and adjust or revoke Points awarded in connection with returns, refunds, chargebacks, or suspected misuse of the Program.

Points will not be awarded on taxes, fees, gratuities, or other excluded amounts unless expressly stated.

Point Value

LineLeap may assign a promotional value to Points (e.g., a discount of $X per Point, X as denoted in our FAQs and App). Any assigned value applies only to eligible in-app transactions, is subject to change at any time in LineLeap’s discretion, and does not create any cash equivalency or monetary entitlement.

Expiration

Points expire twelve (12) months from the date they are earned, unless otherwise stated in a specific promotion or prohibited by applicable law. Expired Points will automatically be removed from the user’s account and will not be reinstated.

Redemption

Points may only be redeemed within the LineLeap app for eligible purchases and may not be redeemed for cash or any cash equivalent. Points cannot be redeemed outside the platform, may not be combined with certain promotions or offers unless expressly permitted by LineLeap, and may be subject to minimum redemption thresholds or other limitations established by LineLeap from time to time. Points have no redemption value toward alcoholic beverage purchases and may not offset, reduce, or be applied to the price of any alcoholic drink, whether purchased individually or as part of a bundle.

If an order paid partially with Points is refunded, LineLeap may restore Points at its sole discretion.

Program Modifications & Termination

LineLeap reserves the right to modify, suspend, or terminate the Program at any time, including changing expiration periods, adjusting Point valuation, canceling Points issued in error, or revoking Points if abuse, fraud, or a violation of these Terms is suspected. Continued participation in the Program following any such changes constitutes acceptance of those changes.

Account Termination

If a user account is terminated or suspended for any reason, all accumulated Points will be forfeited.

Fraud & Abuse

LineLeap may revoke Points, suspend or terminate accounts, or take other appropriate action if it determines, in its sole discretion, that a user has attempted to manipulate the Program, violated these Terms, or engaged in fraudulent, deceptive, or abusive activity in connection with the Program or the platform.

10. Modifications to Terms and Services

We reserve the right to change or update these Terms from time to time at our sole discretion. Such changes or modifications will be posted here with an updated “Last Updated” date above. Please review the Terms frequently for any changes. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. Your continued use of the Services following the effective date of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new Terms, you may not use the Services.

We reserve the right to refuse to provide the Services to anyone for any reason at any time. We may change, add, or remove features, products, or functionalities, or we may also suspend or stop the Services at any time without liability. We may take any of these actions at any time for any reason, with or without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

11. Communications

In General

We may communicate with you using email, autodialed or prerecorded calls, and text messages, at any telephone number that you provide us, to: (a) notify you regarding your account; (b) troubleshoot problems with your account; (c) resolve a dispute; (d) collect a debt; or (e) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.

‍You agree to receive electronic communications from us. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, and will have full legal effect.

You also agree that any transaction or agreement undertaken on or through the Services, including your agreement to these Terms, is an electronic transaction or agreement.

We may route phone and text communications through a third-party service provider, and we or the service provider may record telephone conversations you have with us or its agents for quality control and training purposes, or for our own protection or legal compliance purposes.

SMS Terms

Signing Up for SMS Text Messages. You may sign up for SMS text messages in connection with the Services, including marketing text messages. By Opting In to text messages, you authorize us or our provider to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your Opt-In. You authorize us to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of any purchase. (For purposes of these SMS Terms, “Opting In”, “Opt In”, and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive any text messages.)

To opt out, you must text STOP in response to any SMS message sent from or on behalf of us. You understand and agree that any other method of opting out, including (but not limited to) texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

To request help, reply HELP to any SMS message sent from or on behalf of us. Upon doing so, you will receive the following response: "Reply HELP for help or contact us at help@lineleap.com. Message frequency varies. Msg & data rates may apply." You may also contact us directly at help@lineleap.com for assistance with your SMS preferences or account.

By Opting In to text messages:

  • You accept these Terms and are signing your Opt-In to the text messages. Our text message-related activities are part of the Services as defined above. 
  • You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
  • You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please contact us as described at the end of our Privacy Policy. To view and retain an electronic copy of these SMS Terms or the rest of your Opt-In, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails. These SMS Terms still will apply if you withdraw the consent mentioned above or opt out of the text messages.

After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In. Given the nature of LineLeap's business, you're agreeing to receive these messages at any time, even if they fall outside federal, state, or locally defined quiet hours.

Message and data rates may apply to messages that we send you or that you send us. You may receive multiple, recurring messages. We may terminate our text message programs or your participation in them at any time with or without notice, but these SMS Terms still will apply. You may receive one or more confirmation messages when you opt out or when your participation in the program otherwise ends. We and mobile carriers are not liable for delayed or undelivered messages. For customer service regarding our SMS programs, contact us as provided at the end of these Terms.

Discontinuing or Transferring Your Phone Number

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to text messaging, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your account or these Terms.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

12. Disclaimer of Warranties 

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, LINELEAP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

LINELEAP MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE SOME OR ALL OF THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL SOME OR ALL OF THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.

IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

13. Limitation Of Liability And Assumption of Risk

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO CASE WILL LINELEAP OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LINELEAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL LINELEAP’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED $100.00. 

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LINELEAP AND YOU.

YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THE POSSIBLE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH YOUR PARTICIPATION IN CERTAIN EVENTS INCLUDING THE RISK OF SEVERE OR FATAL INJURY TO YOURSELF OR OTHERS. THESE RISKS INCLUDE BUT ARE NOT LIMITED TO: (A) THE RISKS ASSOCIATED WITH TRAVEL TO AND FROM LOCATIONS TO BE VISITED DURING CERTAIN EVENTS SUCH AS A BAR CRAWL, INCLUDING TRANSPORTATION PROVIDED BY COMMERCIAL, PRIVATE AND/OR PUBLIC MOTOR VEHICLES; (B) INTOXICATION AND/OR ALCOHOL POISONING FROM THE ALCOHOL YOU CONSUME WHETHER VOLUNTARILY OR THROUGH COERCION; (C) THE POSSIBILITY OF DEATH OR BODILY INJURY OF ANY KIND FROM (1) FALLING DOWN, (2) BEING KNOCKED DOWN OR BEING INVOLVED IN A PHYSICAL ALTERCATION WHETHER CAUSED BY YOURSELF OR SOMEONE ELSE; AND (D) THE RISKS ASSOCIATED WITH RETURNING TO YOUR RESIDENCE AFTER PARTICIPATING IN AN EVENT, WHETHER TRAVELING BY FOOT OR IN ANY KIND OF COMMERCIAL, PRIVATE AND/OR PUBLIC MOTOR VEHICLE.

NOTWITHSTANDING THE RISK, YOU ACKNOWLEDGE THAT (A) YOU ARE KNOWINGLY AND VOLUNTARILY PARTICIPATING IN EACH EVENT WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED, AND (B) LINELEAP IS NOT RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE OF ANY KIND SUSTAINED BY YOU OR ANY PERSON WHILE PARTICIPATING IN THE EVENT, INCLUDING ANY INJURY, LOSS OR DAMAGE WHICH MIGHT BE CAUSED BY THE ACTIONS, INACTION, OR NEGLIGENCE OF YOU OR OTHERS.

YOU AGREE (X) TO ASSUME AND ACCEPT ALL RISKS OF INJURY, DISABILITY, DEATH, PROPERTY DAMAGE AND/OR ANY OTHER FINANCIAL LOSS, COST OR DAMAGE ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN EVENTS CRAWL, EVEN THOUGH SUCH RISKS MAY HAVE BEEN CAUSED BY THE ACTIONS, INACTION, OR NEGLIGENCE OF OTHERS; AND (Y) TO BE RESPONSIBLE FOR ANY INJURY, DISABILITY, PROPERTY DAMAGE AND ANY OTHER FINANCIAL LOSS, COST OR DAMAGE WHICH YOU MIGHT SUSTAIN WHILE PARTICIPATING IN THE EVENT EVEN THOUGH SUCH INJURY, LOSS OR DAMAGE MAY HAVE BEEN CAUSED BY THE ACTIONS, INACTION, OR NEGLIGENCE OF OTHERS.

14. Indemnity

To the fullest extent allowed by applicable law, you, on behalf of yourself, your heirs, executors, administrators or anyone else who might claim on your behalf, agree (A) to release, indemnify, defend, and hold harmless LineLeap and its officers, directors, employees, affiliates, agents, contractors, suppliers, service providers, licensors, successors and assigns (collectively, “Releases”) from any from any and all liability, losses, damages, expenses (including reasonable attorneys’ fees), claims, and actions of any kind (including death or injury to yourself and any damage to the personal property of, death of, or personal injury to, any third party), foreseen or unforeseen, known or unknown, arising out of or relating to your use of the Services (including your participation in a Bar Crawl), your use of the Services, your violation of these Terms, or your violation of any rights of another; and (B) not to sue or otherwise bring any claim against LineLeap or any other Releasee in connection with the foregoing.

LineLeap reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LineLeap in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, these Terms or your access to the Services, including the purchase of any items on the Services.

If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

15. Dispute Resolution: Binding Arbitration, Mass Arbitration Batching Procedures, And Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS OR REPRESENTATIVE ACTION.

As detailed herein, these Terms mandate that all disputes between you and LineLeap be resolved first through an informal dispute resolution process. In the event informal resolution fails, these Terms further mandate that all disputes (except those identified in below) be formally resolved through binding arbitration, to the fullest extent permissible by law. Binding arbitration means that an arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve such disputes. Consequently, you should read the entirety of Section 15 carefully as it may significantly affect your legal rights.

Informal Dispute Resolution

For any and all disputes between you and LineLeap, the parties shall use their best efforts to resolve informally the dispute, claim, question, or disagreement and to engage in good faith negotiations. Failure to engage in this process could result in the award of fees against you in arbitration.

To initiate informal dispute resolution, the initiating party must first send a written description of the dispute to the other party. For any dispute against LineLeap that you initiate, you agree to send to LineLeap (a) a written description of the dispute and (b) the email address(es) associated with your account through the following email address: legal@lineleap.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with LineLeap. For any dispute that LineLeap initiates, we will send our written description of the dispute to the email address associated with your use of the Services.

You and LineLeap agree to personally meet and confer, via telephone or videoconference, to attempt to resolve the dispute. If either party is represented by counsel, that party’s counsel may participate in the conference, but the party shall also personally attend the conference, unless the party receiving the written description states in writing that the other party is not required to personally attend. 

If the parties’ dispute is not resolved within sixty (60) days after the telephone or videoconference occurs, you and LineLeap agree to resolve any remaining dispute through further informal discussions or the additional formal dispute resolution provisions set forth below.

A good faith engagement in informal dispute resolution shall be and is a prerequisite and condition precedent to either party initiating a lawsuit or arbitration, unless exempted by law. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process. Notwithstanding anything to the contrary in this Arbitration Agreement, a court of competent jurisdiction shall have authority to enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.

Binding Arbitration

After the parties have engaged in a good-faith effort to resolve their dispute(s) in accordance with the Informal Dispute Resolution process above, and only if those efforts fail, then either party may initiate arbitration as the sole means to resolve disputes

If you determine to initiate arbitration, a copy of the arbitration demand must be emailed to legal@lineleap.com. If LineLeap is initiating arbitration, it will serve a copy of the demand to the email address associated with your use of the LineLeap Services.

Mutual Arbitration Agreement

Except as set forth below, you and LineLeap agree that all claims, disputes, or disagreements that may arise out of or relating to the interpretation, applicability, enforceability, formation, or performance of these Terms—including but not limited to any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees—shall be resolved exclusively through binding arbitration in accordance with this Section (collectively, the “Arbitration Agreement”). The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Arbitration Agreement.

This Arbitration Agreement is intended to be interpreted broadly, and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth below.

This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and LineLeap expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. To the maximum extent permitted by law, no effect shall be given to state laws concerning arbitration procedure. 

Except as set forth in Section below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

Waiver of Rights Including Jury Trial

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND LINELEAP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Class Arbitration and Collective Relief Waiver

YOU AND LINELEAP ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS OTHERWISE SET OUT IN THIS SECTION AND UNDER THE “ARBITRATION RULES” SECTION BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED OR REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM.

If there is a final judicial determination that applicable law precludes enforcement of this Paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

With the exception of this Section or the Arbitration Rules, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision(s) were not contained herein. If, however, this Section and/or the Arbitration Rules are found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor LineLeap shall be entitled to arbitrate the dispute in question.

This provision does not prevent you or LineLeap from participating in a class-wide settlement of claims.

Arbitration Location

The arbitration proceedings will presumptively be held via video- or telephone-conference unless (1) the arbitrator determines there is good cause to hold an in-person hearing or (2) the parties otherwise agree. Except as otherwise provided in the “Batching” section or unless you and LineLeap agree otherwise, in the event there is an in-person proceeding (a) if you are a resident of the United States, arbitration will take place in the county where you reside, or, if no arbitrator is available in that county, then at the closest arbitration location available in the state, or (2) for residents outside the United States, to the extent permissible in your country, arbitration shall be initiated in the New Castle County, State of Delaware, United States of America, unless you and LineLeap otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue.

The Arbitration Rules

The Provider

The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.

Except as modified by this provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at http://www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.

Except where prohibited by applicable law, the arbitrator shall apply the substantive law of the State of Delaware without giving effect to any law that would result in the applicability of the law of any other jurisdiction. 

You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 15 while such challenge remains pending before NAM the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and LineLeap (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

Arbitration Demand Must Contain Sufficient Information

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to these Terms. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not a party to this Arbitration Agreement or to these Terms.

Arbitration Conducted on Papers in Some Circumstances

If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents that you and LineLeap submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary, (ii) applicable law requires otherwise; or (iii) the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

Dispositive Motions

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

Batching

To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with this Arbitration Agreement if NAM is unavailable) against LineLeap within reasonably close temporal proximity (“Mass Filing”), the parties agree (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for each batch; (C) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with this Arbitration Agreement if NAM is unavailable) in its discretion; (D) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by LineLeap and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (E) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and, notwithstanding any contrary term in the Arbitration Agreement, shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the NAM rules, and, to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual party agreement, the arbitrator will determine the location where the proceedings will be conducted. 

You and LineLeap agree to cooperate in good faith with each other and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and we agree that NAM may increase or decrease the batch size, transfer a case between batches, or proceed with adjudication of more than one (but no greater than five) batches at a time as determined in the reasoned discretion of the NAM procedural arbitrator. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a NAM procedural arbitrator.

This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.

‍The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a NAM mediator selected from a group of five mediators proposed by NAM, with LineLeap and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators. The highest collectively ranked mediator will be selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. LineLeap, the remaining claimants and their counsel, and the mediator will then have 90 days (the “Mediation Period”) from the date the results are provided to the mediator to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either LineLeap or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither LineLeap nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process in the order determined by the sequential numbers assigned to demands in the Mass Filing.

No Class or Consolidated Arbitration Absent Written Consent

Unless otherwise agreed by all parties in writing, LineLeap does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth herein.

Arbitration Award

The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with these Terms, including under the Class Arbitration Relief and Collective Action Waiver Section above, and also must be consistent with the terms of the “Limitation of Liability” section of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable. Except for decisions in arbitrations that are joined together in a single batch, no arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

Exceptions to Arbitration

Notwithstanding the parties’ agreement to resolve all disputes through the Informal Dispute Resolution process and binding arbitration as set forth herein:

IP Disputes

Either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, shall be exclusively brought in the state and federal courts located in New Castle County, State of Delaware, United States of America.

Small Claims Court and Statutes of Limitation

Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction.

Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be in fact be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.

Jurisdiction/Service of Process

For any dispute not subject to arbitration under this Section 15, you and LineLeap agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New Castle County, State of Delaware, United States of America. You further agree to accept service of process by U.S. or certified mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

30-Day Right to Opt Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice, signed by you, of your decision to opt-out to the following address: legal@lineleap.com. You must send your notice within 30 days of your first use of the Services or within 30 days after LineLeap notifies you of a material update to this provision of the Terms. We will notify you of updates by reasonable means, which could include notification through the Services or via email. If you opt-out of the arbitration provisions, LineLeap also will not be bound by them. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of these Terms of Use and you agree to be bound by all other provisions of these terms, which shall remain in effect as allowable by law. This includes, without limitation, the “Informal Dispute Resolution” Section, Class Action Waiver” Section, and (“Jury Trial Waiver” Section. LineLeap changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of the Arbitration Agreement by providing notice as described in this Section.

LineLeap will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms pursuant to the requirements set forth in that version. 

If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Dispute Resolution” provisions by you and LineLeap. If LineLeap changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of the Arbitration Agreement by providing notice as described herein.

Changes to this Section

LineLeap will provide 30 days’ notice of the date of any material changes to this Section 15. Changes will become effective on the 30th day and apply to all claims not yet filed. Subject to the proper exercise of the opt-out right described above, If you continue to use the Services after the 30th day, you agree that any unfiled claims of which LineLeap does not have actual notice are subject to the revised clause.

16. Class Action Waiver

YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND LINELEAP THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. 

To the extent a Dispute between you and LineLeap is subject to arbitration, the provisions set forth in the Arbitration Agreement apply, including, without limitation, those regarding class arbitration, private attorney general arbitration, arbitration involving joint or consolidated claims, and batching.

17. Jury Trial Waiver

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND LINELEAP AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND LINELEAP UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICES.

To the extent a Dispute between you and LineLeap is subject to arbitration, the provisions set forth in the Arbitration Agreement apply, including, without limitation, those regarding waiver of rights, including jury trial.

18. LineLeap’s Copyright Infringement Policy

LineLeap respects the intellectual property rights of others. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). LineLeap has adopted a policy of terminating, in appropriate circumstances, customers that are deemed to be repeat infringers. LineLeap may also at its sole discretion limit access to its service and/or terminate the account of a customer who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please submit a notification (a “Notification of Alleged Infringement”) to our Copyright Agent at the address listed below containing the following written information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • 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 our service;
  • your address; 
  • telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If we receive a valid Counter-Notification, we may restore the removed content, unless the copyright owner files an action seeking a court order to prevent the restoration.

If you are a customer or registered user of our services and are concerned about the removal of or blocked access to your content, please submit a notification (a “Counter-Notification”) to our Copyright Agent containing the following written information below:

  • an electronic or physical signature of the person authorized to act on behalf of the customer or registered user;
  • 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 disabled;
  • A statement under penalty of perjury that the customer or registered user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  • The customer's or registered user's name, address, and telephone number, and a statement that the customer or registered user consents to the jurisdiction of (a) the Federal District Court for the United States of America's judicial district in which the address is located, or (b) if the customer or registered user address is outside the United States of America, New Castle County, State of Delaware, United States of America.
  • If we receive a valid Counter-Notification, we may restore the removed content, unless the copyright owner files an action seeking a court order to prevent the restoration.

Notifications of Alleged Infringement and Counter Notifications should be sent to our Copyright Agent at:

Mail: 915 Ann Ct, Belleville, WI 53508

Email: legal@lineleap.com 

To be valid, a notice must be in writing and must follow the instructions above. You also may use the contact information in this notice to notify us of alleged violations of other intellectual property rights. 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying LineLeap that your copyrighted material has been infringed. The preceding requirements are intended to comply with LineLeap's rights and obligations under the DMCA, including 17 U.S.C. § 512(i), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws

19. General

Section titles

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Non-breach

Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control shall not be deemed a breach of these Terms.

Non-waiver

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Remedies

All remedies under these Terms shall be cumulative and not exclusive.

Severability

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. 

No Partnership

You and we acknowledge and agree that no partnership is formed and neither you nor we have the power or the authority to obligate or bind the other.

Assignment

You may not assign your rights under these Terms to any third party. We may assign our rights under this Terms without condition.

Entire Agreement

These Terms constitute the entire agreement between you and LineLeap and govern your use of the Services, superseding any prior agreements between you and LineLeap with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use Third Party Services. 

Governing Law and Venue

These Terms will be governed by the laws of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and LineLeap agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Delaware.

20. Contact Us

If you have any questions or concerns about these Terms or the Services, or to report any violations of these Terms, please contact us at help@lineleap.com.