These terms and conditions of service (these “Terms” or this “Agreement”) are by and between Local Leap Marketing, LLC (referred to as “us,” “we,” “our,” or the “Company”), a Texas limited liability company with offices located at 700 Central Expy S Ste 400, Allen, Texas 75013-8113, and the client who signs this Agreement (referred to as “you,” “your,” or “Client”).

  1. Important Information

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. 

BY SIGNING THIS AGREEMENT, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PAY ANY INVOICE ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS. BY SIGNING THIS AGREEMENT AND ACCEPTING SERVICES FROM US YOU AGREE TO OUR FULL TERMS OF SERVICE AND PRIVACY POLICY.

  1. Project Order Acceptance and Cancellation 

Your access to and use of our products and services is conditioned upon your acceptance of and compliance with the Terms. You accept the Terms by signing this agreement, and by so accepting, you agree to be bound by the Terms. All orders for our provision of products or services (“Project”) must be accepted by us through our start of work on the Project, or we will not be obligated to complete the Project for you. We may choose not to accept Project orders at our sole discretion.  

  1. Term and Termination
    1. Term. The term of this Agreement begins as of the date of your signature, and, unless terminated earlier under one of this Agreement’s express provisions, will continue in effect until our full performance of all of our obligations as defined in Section 6 of this Agreement.
    2. Termination for Convenience. Client may terminate this Agreement at any time without cause by providing at least 30 days’ prior written notice to Company. Company shall not be obligated to provide any refund to Client of payments Client has made to Company, but Company has the sole and absolute discretion to provide Client a refund under the terms of Section 5 of this Agreement.
    3. Termination for Cause. Either party may terminate this Agreement, effective on written notice to the other party, if the other party materially breaches this Agreement, and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured 30 days after the non-breaching party provides the breaching party with written notice of such breach.
  2. Payments
    1. Terms of payment are within the Company’s sole discretion. We accept Visa, MasterCard, Discover, American Express, Apple Pay, Paypal, Venmo, and Zelle for all purchases. You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or other financial provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the invoice.
    2. Company may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide information to third parties subject to our Privacy Policy. 
    3. Company reserves the right to refuse or cancel your Project order if fraud or an unauthorized or illegal transaction is suspected. We may terminate or suspend your access to our services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
  3. Refund
    1. If you are not satisfied with the results and choose to terminate the Project under Section 3(b) of this Agreement, we will consider refund requests based on the Project timeline, under the following rubric:
      1. Full Refund: In cases where the Project has not been started or if the initial design style has not been approved, we can issue a full refund within thirty days after your provision of written notice of the termination.
      2. Partial Refund: If the initial design has been selected and any website we have agreed to design and/or develop for you (“Product Website”) is in development, we can issue a partial refund in proportion to the work completed.
      3. No Refund: If the Product Website is live or uploaded to the Client’s server, we will not issue any refunds.
    2. Notwithstanding the above, Local Leap Marketing LLC maintains sole discretion to determine whether a refund will be issued, the amount of such refund, and the exclusive right to interpret the above-described rubric.
  4. Local Leap’s Obligations to You

We will perform the design, development, optimization and/or management services according to the specifications upon which you and we agree that we will provide. We will produce each separately deliverable portion of the Product Website, the final Product Website, and all other work product and materials according to the specifications upon which you and we agree that we will provide. 

  1. Your Obligations to Local Leap

You will provide us with all information and other content or material necessary to complete the Project. You will promptly pay for all Project products and services described by the invoice(s) we will provide to you. Such prompt payment shall be within 45 days of your receipt of the invoice. 

  1. Warranties and Disclaimer of Warranties
    1. Mutual Representations and Warranties. Each party represents and warrants to the other party that:
      1. He or she is an individual person, or it is duly organized, validly existing, and in good standing as a corporation or other entity as represented herein under the laws and regulations of its jurisdiction of incorporation, organization, or chartering;
      2. It has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder and to perform its obligations hereunder;
      3. The execution of this Agreement by its representative whose signature is set forth at the end hereof has been duly authorized by all necessary corporate action of the party, if such party is not an individual; and
      4. When executed and delivered by both parties, this Agreement will constitute the legal, valid, and binding obligation of such party, enforceable against such party in accordance with its terms.
    2. Additional Company Warranties. Company warrants to Client that:
      1. It will perform any services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with commercially reasonable industry standards for similar services and will devote adequate resources to meet its obligations under this Agreement;
      2. In performing the Services hereunder, the Company will comply with all Laws.
    3. Additional Client Warranties. Client makes certain warranties and representations regarding payment as stated in Section 4(a) of this Agreement.
    4. DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE UNDER THIS AGREEMENT. THE COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. ANY SERVICES OR ITEMS, INCLUDING PRODUCT WEBSITES, PURCHASED FROM THE COMPANY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  2. Limitation on Liability
    1. EXCLUSION OF INDIRECT DAMAGES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. MOREOVER, IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH (A) ANY PRODUCTS OR SERVICES PROVIDED BY COMPANY, INCLUDING CLIENT’S USE, INABILITY TO USE, OR CHANGES TO SUCH PRODUCTS OR SERVICES, OR (B) ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (X) WHETHER SUCH DAMAGES WERE FORESEEABLE, (Y) WHETHER OR NOT CLIENT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (Z) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 
    2. CAP ON MONETARY LIABILITY. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE ACTUAL AMOUNTS PAID TO COMPANY FOR THE PRODUCTS OR SERVICES YOU HAVE ORDERED FROM US. 
    3. EXCEPTION. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 
  3. Indemnification
    1. Client agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Client’s violation of these Terms, including breach of any representation, warranty, covenant or obligation under this Agreement, or Client’s use of the services or products, including Product Websites, Company provides to Client.
    2. Company agrees to defend, indemnify, and hold harmless the Client from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Company’s violation of these Terms, including breach of any representation, warranty, covenant or obligation under this Agreement.
  4. Arbitration
    1. YOU AND LOCAL LEAP MARKETING LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES OR PRODUCTS, INCLUDING PRODUCT WEBSITES, UNDER THIS AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
    2. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
    3. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the arbitration agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
    4. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
  5. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Force Majeure

Neither party will be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by any acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes, or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns, or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition, or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation facilities (each of the foregoing, a “Force Majeure Event”), in each case, provided that (i) such event is outside the reasonable control of the affected party; (ii) the affected party provides prompt notice to the other party, stating the period of time the occurrence is expected to continue; and (iii) the affected party uses diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event.

  1. Miscellaneous
    1. Governing Law and Jurisdiction. All matters relating to the services and products, including Product Websites, and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice- or conflict-of-law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Allen and County of Collin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
    2. Notices
      1. To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) sending a written notice by certified or registered mail to the postal address you provide. Notices sent by email will be effective when we send the email. Notices provided by registered or certified mail will be effective three business days after they are sent. It is your responsibility to keep your contact information current with us.
      2. To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Local Leap Marketing, LLC, 700 Central Expy S Ste 400, Allen, Texas 75013-8113. We may update the address for notices to us by emailing you. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
    3. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
    4. Waiver. No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. 
    5. Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
    6. Surviving Terms. The provisions set forth in the following Sections, and any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any termination or expiration of this Agreement: Section 4, Section 5, Section 7, Section 8, Section 9, Section 10, Section 11, Section 12, and this Section 14. 

Entire Agreement. These Terms constitute the sole and entire agreement between you and Local Leap Marketing, LLC with respect to your Project and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.