TERMS OF SERVICE
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING LEO BOULEVARD. LEO BOULEVARD IS OPERATED BY LEO SOFTWARE, INC. AND ITS AFFILIATES (COLLECTIVELY, "LEOSOFTWARE" OR "WE" OR "US"). BY ACCESSING OR USING LEO BOULEVARD (OR ANY PART THEREOF), YOU (COLLECTIVELY, “YOU”, “YOUR” OR “USER”) AGREE TO BE LEGALLY BOUND BY THE TERMS OF SERVICE THAT FOLLOW (THE "AGREEMENT") AS WE MAY MODIFY THEM FROM TIME TO TIME. THESE TERMS OF SERVICE APPLY TO YOUR USE OF THE LEO BOULEVARD AND SERVICES OFFERED VIA THIS SITE. THEY CONSTITUTE A LEGAL CONTRACT BETWEEN YOU AND LEOSOFTWARE, AND BY ACCESSING OR USING ANY PART OF THE SERVICE YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER AND AUTHORITY TO AGREE TO AND BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, OR IF YOU DO NOT HAVE THE RIGHT, POWER, AND AUTHORITY TO AGREE TO AND BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE SERVICE. WHEN YOU USE YOUR ACCOUNT OR PERMIT SOMEONE ELSE TO USE YOUR ACCOUNT OR OTHERWISE ACQUIRE ACCESS TO THE SERVICE THIS AGREEMENT AS AMENDED COVERS ANY SUCH ACCESS OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF YOU AND LEOSOFTWARE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT COVERS YOUR USE OF A LEOSOFTWARE SERVICE, THE TERMS AND CONDITIONS OF SUCH AGREEMENT SHALL CONTROL WITH RESPECT TO SUCH SERVICE TO THE EXTENT THEY ARE INCONSISTENT WITH THIS AGREEMENT.
Authorized Users
The Service (as hereinafter defined) is available only to individuals who are "Subscribers" or “Authorized Users”. An Authorized User may only access the Service using the user names, passwords and, if applicable, key tokens (collectively, the "Passcodes") assigned to such user by LeoSoftware. Each Authorized User, subject to the terms of this Agreement is granted a limited, nonexclusive license to use the Service only for those Permitted Uses set forth herein. The grant of license shall terminate with the expiration of termination of this Agreement. Except as set forth above, this Agreement does not grant you any rights, whether by license, ownership or otherwise, in or to the Service. You agree and acknowledge that ownership of the Service and all subsequent versions thereof regardless of the form or media is held by LeoSoftware.
Purpose of Service
The Service is designed for the User to input, store, access and transmit information about commercial real estate. The User is solely responsible for the content of any information inputted, stored, accessed or transmitted by User on or from the Service. Any information or services offered by Leo Boulevard are provided solely for general information, do not constitute real estate, legal, tax, accounting or other professional advice, or an offer to sell or lease real estate, and may not be used to determine an individual's eligibility for credit, insurance, or employment.
Proprietary Rights
The text, software, graphics, organization, layout, design, appearance, look and feel and other content contained on or provided through this site (collectively, the "Content") are proprietary to LeoSoftware, and are protected by copyright and other U.S. and international intellectual property rights, laws and treaties. The Content provided via this site includes proprietary organization and structures for categorizing, sorting, displaying and transmitting information, and the related software ("Software"). The site, Content, Software, and any portion of the foregoing, including any derivatives, successors, updates or modifications provided thereto and any information derived from the use of the Software, are collectively referred to herein as the "Service" and are owned by and proprietary to LeoSoftware.
Except as otherwise set forth herein, all right title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and improvements, including all divisions, continuations, reissues, renewals and extensions thereof now existing or hereafter filed, issues or acquired; (iii) trade secrets, proprietary information, and know-how; (iv) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software, appearance, look and feel, and (v) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising embodied in, or practices in connection any of the services identified herein (“LeoSoftware Intellectual Property Rights” or “Proprietary Information”) are owned by LeoSoftware, its affiliates or assigns, and you agree to make no claim of interest in or ownership of any such LeoSoftware Intellectual Property Rights. You acknowledge that no title to the LeoSoftware Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the LeoSoftware Intellectual Property Rights or its service. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of another work, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted from LeoSoftware works) such Derivative Work shall be owned by LeoSoftware and all right, title and interest in and to each such Derivative Work shall automatically vest in LeoSoftware. LeoSoftware shall have no obligation to grant you any right in any such Derivative Work. Except to the extent permitted by applicable law, you shall not disassemble, decompile, decrypt, extract, reverse engineer, prepare a derivative work based upon, distribute, or time share the Service, Software or any components thereof in order to ascertain, derive or appropriate for any reason of purpose, the source code or source listings or any algorithm, data, process, procedure or other information contained therein. You shall not rent, sell, resell, lease, sublicense, loan or otherwise transfer the Service, Software or components thereof.
Use of Service
Permitted Uses:
Subject to this Agreement, you may use the Service, if you are an Authorized User for:
(1) Retrieving stored information;
(2) Providing information regarding particular properties and vacancies to your clients and prospective clients;
(3) Creating stacking plans for in-house use or for clients' or prospective clients' use.
Prohibited Uses:
Notwithstanding anything to the contrary herein, you shall not,
(1) Distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form) any portion of the Service, or modify or create derivative works of any portion of the Service;
(2) Access any portion of the Service unless you are an Authorized User of the Service using the Passcodes assigned to you by LeoSoftware to access the components and services of the Service that your subscription authorizes you to access, subject to the terms contained therein and in this Agreement;
(3) Provide, disclose or transmit any portion of the Service to any direct or indirect competitor of LeoSoftware;
(4) Modify, merge, decompile, disassemble or reverse engineer any portion of the Service,
(5) Use, reproduce, publish or compile any portion of the Service for the purpose of selling or licensing such information;
(6) Use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Service;
(7) Store, copy or export any portion of the Service into any database or other software, except as expressly set forth in the Permitted Uses above;
(8) Upload, post or otherwise publish any portion of the Service on, or provide access to any portion of the Service through, the Internet, any bulletin board system, any other electronic network, any data library, any listing service or any other data sharing arrangement, except that you may e-mail a report containing Information that complies with the Permitted Use provisions set forth above to your clients and prospective clients;
(9) Upload, post, e-mail or otherwise transmit any information, data, text, software, photographs, images, graphics, or other content to or through the Service, or use any portion of Leo Boulevard in a manner, that (a) is unlawful, threatening, abusive, harmful, libelous, tortuous, defamatory, false, misleading, obscene, vulgar, racially or ethnically offensive or otherwise objectionable; (b) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; (c) constitutes unlawful advertising or fraudulent, unfair or deceptive practices, "spam," or any other form of unlawful solicitation; (d) contains software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (e) you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;
(10) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Service;
(11) Interfere with or disrupt, or attempt to interfere with or disrupt, the Service or servers or networks connected thereto or the activities of other users of the Service; or
(12) Encourage or engage in illegal activity, stalk or harass another person, or violate this Agreement or any applicable local, state, national or international law, rule, regulation or ordinance, including without limitation, state and local real estate practice, spam or privacy laws. Confidentiality Within The Service
Leo Boulevard allows for users to store information, data, text, photographs, images, graphics, and other content in the Service, ("Stored Content"). LeoSoftware acknowledges that you retain your ownership rights with respect to the Stored Content. However, you understand that all such Stored Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you, and not LeoSoftware, are entirely responsible for all such content that you upload, post, e-mail or otherwise transmit to or via the Service. LeoSoftware is under no obligation to maintain such content and LeoSoftware may remove any such content in LeoSoftware's sole and absolute discretion at any time.
The data stored by User on the Service are intended to be confidential and private. Except as otherwise provided herein, LeoSoftware personnel shall not review or disclose to others the data or other information stored there. Authorized access is designed to be restricted to the Authorized User(s) that store the information there and other users designated by such Authorized User(s) to have access to the information.
Consistent with these goals of confidentiality and privacy, in addition to any other right provided for herein, LeoSoftware reserves the right to compile statistical information regarding use of various features of LeoSoftware’s Service. LeoSoftware also reserves the right for LeoSoftware and its contractors to access any portion of the Service to perform customer support, service or system development, routine security inspections, or to protect against unauthorized use of our Service, or to respond to legal process or if otherwise required to do so by law.
LeoSoftware takes these confidentiality and privacy issues seriously. If you have any questions or concerns, you should contact Legal@LeoSoftware.net.
Information about You
When you use the Service, LeoSoftware collects both personally and non-personally identifying information about your use of the Service. We generally use or disclose the information we collect through the Service to conduct research on and to improve the Service, to perform customer service and support, to fulfill your requests for additional services, and to provide you with information regarding our Service, including service-related announcements.
In some but not all circumstances, at the time you submit personally identifiable information, we may provide you with the opportunity to "opt out" of some uses or disclosures of personally identifiable information. In addition, regardless of whether you exercise an opportunity to opt out, LeoSoftware reserves the right to use or disclose the information we collect whenever we have reason to believe that use or disclosure may be necessary to identify possible violations of this Agreement, to identify, contact or bring legal action against persons or entities who may be violating your rights, our rights or the rights of others, or if we believe that we are required to do so to respond to legal process or otherwise to comply with law. We also reserve the right to use and disclose the information we collect to protect the security of our Service, Software, web sites, users, and to protect ourselves from liability.
Although the Service can technically be viewed by children, we do not knowingly request personally identifiable information from them nor does Leo Boulevard publish content that is targeted to children. No information should be submitted to, or posted at, the Service by visitors under 18 years of age.
LeoSoftware takes steps to protect the security of the personally identifiable information we collect, including, for example, physical, electronic, and procedural safeguards. If you have a question, please notify us by e-mail at Legal@LeoSoftware.net. We will do our best to look into your request and respond promptly.
Links
You may provide a hyperlink to the home page of Leo Boulevard, which is http://www.LeoBlvd.net, provided that you must remove any such link upon request from LeoSoftware. The Service may include links to other sites, some of them operated by LeoSoftware and some of them operated by third parties. Under no circumstances shall LeoSoftware be deemed to be associated or affiliated with, or viewed as endorsing or sponsoring, any web site that links to Leo Boulevard, or is linked to from Leo Boulevard, or any other services that may be offered through such web sites. LeoSoftware has not necessarily reviewed any or all of the content of such other web sites, and we disclaim responsibility for the content and services available therein. Different terms and conditions may apply to your use of any linked sites. It is your responsibility to review any such terms and conditions in connection with your use of any such sites. Any issues or disputes that may arise with respect to any such sites shall solely be between you and the applicable third party.
Information Regarding Accuracy, Completeness and Timeliness of Information in the Service
The Service is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary sources of information. Any reliance upon the Service shall be at your own risk. Neither we, nor any third party involved in creating, producing or delivering the Service, is responsible if the Service is not accurate, complete or current. Neither we, nor any third party involved in creating, producing or delivering the Service, has any responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Service.
No Warranties
ALTHOUGH LEOSOFTWARE MAKES EFFORTS TO PROVIDE AN ACCURATE SERVICE, THE SERVICE AND ALL PARTS THEREOF ARE PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". LEOSOFTWARE AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE "LEOSOFTWARE PARTIES") DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICE, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE SERVICE CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY LEOSOFTWARE PARTY, AND (5) THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SERVICE IS AT YOUR OWN RISK.
LEOSOFTWARE RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEROF AT ANY TIME. IF YOU DOWNLOAD ANY CONTENT FROM LEO BOULEVARD, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THIS AGREEMENT.
Limitation of Liability
YOU ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LEOSOFTWARE PARTIES WILL NOT BE HELD LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE SERVICE, OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SERVICE, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, OR FOR ANY UNAUTHORIZED USE OF THE SERVICE. THESE LIMITATIONS OF LIABILITY INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF THE LEOSOFTWARE PARTIES FOR ANY AND ALL REASONS TO ANY SUBSCRIBER OR TO ANY OTHER PARTY FOR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, EXCEED THE TOTAL AMOUNT OF SERVICE FEES ACTUALLY PAID TO LEOSOFTWARE UNDER THIS AGREEMENT BETWEEN THE RELEVANT SUBSCRIBER AND LEOSOFTWARE DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE, REGARDLESS OF THE CAUSE OR FORM OF ACTION. RECOVERY OF THIS AMOUNT SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR SUBSCRIBER OR ANY OTHER PARTY FOR DAMAGES.
UNDER NO CIRCUMSTANCES WILL ANY OF THE LEOSOFTWARE PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF, BASED ON, OR RESULTING FROM, OR IN CONNECTION WITH THE SERVICE, THIS AGREEMENT, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF LEOSOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED ABOVE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS.
LEOSOFTWARE SHALL HAVE NO LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND LEOSOFTWARE'S CONTROL, INCLUDING BUT NOT LIMITED TO, INDUSTRIAL OR EMPLOYMENT DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, ACTS OF GOVERNMENT, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE SERVICE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 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."
ALL OF THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION ARISING OUT OF OR PERTAINING TO THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN. Your Liability
If you cause a technical disruption of the Service, you agree to be responsible for any and all liabilities, costs and expenses (including reasonable attorneys' fees, court costs and costs of enforcement) arising from or related to that disruption. Upon your breach of any term of this Agreement, LeoSoftware's remedies shall include any monetary benefits that accrued to you as a result of the breach, any damages incurred by LeoSoftware related to your breach and any other damages and relief available at law or in equity. If LeoSoftware retains any third party to obtain any remedy to which it is entitled under this Agreement, LeoSoftware shall be entitled to recover all costs, including attorney's fees, court costs and collection agency commissions, LeoSoftware incurs.
Indemnity
You agree to indemnify, defend, and hold harmless the LeoSoftware Parties from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys' fees), arising out of or relating to your (and your users') Stored Content, use or misuse of any portion of the Service, or your violation of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. LeoSoftware and any third party involved in creating, producing, or delivering the Service reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not in any event settle any such matter without the written consent of LeoSoftware and any third party involved in creating, producing or delivering the Service.
Trademarks
The Service employs various trademarks and service marks of LeoSoftware and of other third parties. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
Procedure for Making Notification of Claims of Copyright Infringement
LeoSoftware and its affiliates respect the intellectual property of others, and we ask those posting or transmitting any content to or through this site or with the Service to respect copyright law. It is the policy of LeoSoftware to restrict or terminate the use of Leo Boulevard by individuals or entities that repeatedly post infringing content in violation of this Agreement. If you believe that your work has been copied and is available on this Site in a way that constitutes copyright infringement, you may notify LeoSoftware via the following designated agent for receipt of notice under the Digital Millennium Copyright Acts: Leo Software, Inc., Attn: James J. Weber, General Counsel, 25 Northwest Point Blvd., Ste. 125, Elk Grove Village, IL 60007; phone (847) 437-1411; fax (847) 437-1428; and e-mail jweber@LeoSoftware.net.
Termination and Suspension
LeoSoftware may suspend User’s services and access to the Service or terminate this Agreement as follows:
(i) Following twenty-four (24) hours prior electronic or written notice if (a) User breaches the Agreement, (b) perpetuates fraud, (c) causes or fails to fix a security breach relating to the services, (d) fails to comply with LeoSoftware’s requirements for security or to respond to any inquiry from LeoSoftware, concerning the accuracy or completeness of the information user is required to provide pursuant to this Agreement, (e) if LeoSoftware reasonably suspects fraudulent activity on User’s Service Fee payment account, or (f) in the event that certain third party licenses or access to third party components of the services are terminated.
(ii) Immediately, without prior notice, if LeoSoftware reasonably believes User’s breach compromises the security of the Service in any material fashion.
Upon termination, LeoSoftware will cease providing the services. If termination of this Agreement is due to User’s default, User shall bear all costs of such termination, including any reasonable costs LeoSoftware incurs in closing your account. You agree to pay any and all costs incurred by LeoSoftware in enforcing your compliance with this Section. Upon termination, your rights to use the services, and any other rights granted hereunder, including but not limited to the limited use license, shall immediately cease, and you shall destroy any copy of the materials licensed to you hereunder and referenced herein. Each party will be released from all obligations and liabilities to the other occurring or arising after the date of such termination, except that any termination of this Agreement will not relieve User or LeoSoftware from any liability arising prior to the termination of this Agreement. To the extent permitted by law, you agree that upon termination for any reason, we may delete all information relating to your use of the Service and stored on the Service or with LeoSoftware.
Jurisdiction
LeoSoftware is headquartered in the State of Illinois of the U.S. This Agreement and your use of Leo Boulevard shall be governed by the laws of the State of Illinois without regard to its conflicts of laws principles. You irrevocably consent to the exclusive jurisdiction of the federal and state courts located in the State of Illinois, County of Cook for any action to enforce this Agreement. If any material on Leo Boulevard, or your use of the Service, is contrary to the laws of the place where you are when you access it, or if LeoSoftware is not licensed as required by applicable laws or regulations in such locale, the Service is not intended for you, and we ask you not to use the Service. You are responsible for informing yourself of, and complying with, the laws of your jurisdiction.
Modifications to Service; Changes to these Terms
LeoSoftware is continuously updating and changing the Service, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LeoSoftware shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service (or any part thereof). Additionally, we reserve the right, in our complete and sole discretion, to change this Agreement at any time by posting revised terms on the Service. It is your responsibility to check periodically for any changes we may make to the Service and this Agreement. Your continued use of Leo Boulevard following the posting of changes to these terms or other policies means you accept the changes.
Miscellaneous
In the event any portion of this Agreement not being of a fundamental nature is held to be invalid, illegal or unenforceable, such part shall be deemed severed from this Agreement without invalidating the remaining provisions of this Agreement or affecting the enforceability of such remaining provisions. If a provision is held to be invalid, illegal or otherwise unenforceable, it shall be deemed to be replaced with an enforceable provision that retains the intent and benefits of the original provision.
No waiver by LeoSoftware of any right under or term or provision of This Agreement will be deemed a waiver of any other right, term, or provision of this Agreement at that time or a waiver of that or any other right, term, or provision of this Agreement at any other time.
The terms in this Agreement constitute the entire agreement between LeoSoftware and User regarding the subject matter contained herein and the terms supersede any prior or simultaneous agreement, terms or negotiations, whether written or oral or whether established by custom, practice, policy or precedent, between the parties hereto. Except as otherwise provided for herein, any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by the parties herein. No employee, contractor, agent or representative of LeoSoftware is authorized to alter or amend the terms and conditions of this Agreement except through an amendment signed by an authorized representative of LeoSoftware.
User may not assign this Agreement without the prior written consent of LeoSoftware. LeoSoftware may freely assign this Agreement without any consent from User.
All notices to LeoSoftware pertaining to this Agreement will be in writing, mailed by registered or certified mail, return receipt requested, or delivered by a well-recognized overnight U.S. or international carrier, delivered to LeoSoftware, Inc., 25 Northwest Point Blvd., Ste. 125, Elk Grove Village, IL 60007, attention: General Counsel. All notices to User shall be delivered to your mailing address or e-mail address as provided by you in your account information, as updated by you pursuant to this Agreement. Unless you choose to opt-out of receiving marketing notices, you authorize LeoSoftware to notify you as our customer, via commercial e-mails, telephone calls and other means of communication, of information that we deem is of potential interest to you, including without limitation communications describing upgrades, new services or other information pertaining to the Service or other LeoSoftware offerings. User shall not have the right to opt-out of service or support notices relating to the services, including without limitation, notices of service modifications, security, performance issues or technical difficulties.
During the term of the Agreement, neither party will disparage the other party or the other party’s trademarks, web sites, Services or services, or display any such items in a derogatory or negative manner on any web site or in any public forum or press release.
Last updated: March 1, 2007





