Leaf360

Terms & Conditions

Version 1.1

Last updated August 28, 2024

Version 1.1

Last updated August 28, 2024

Version 1.1

Last updated August 28, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Leaf 360, Inc. ("Company," "we," "us," "our"), a company registered in Delaware, United States at 1111B S Governors Ave, Dover STE 6901, DE 19904, USA, Dover, DE 19904.

We operate the website https://leaf360.com (the "Site"), the mobile application Leaf360 (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by phone at (US) (305) 767-2622, email at info@leaf360.io, or by mail to:
1111B S Governors Ave, Dover STE 6901, DE 19904, USA, Dover, DE 19904.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Leaf 360, Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by email, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PURCHASES AND PAYMENT
SUBSCRIPTIONS
SOFTWARE
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
GUIDELINES FOR REVIEWS
MOBILE APPLICATION LICENSE
SOCIAL MEDIA
THIRD-PARTY WEBSITES AND CONTENT
ADVERTISERS
SERVICES MANAGEMENT
PRIVACY POLICY
17A. LOAN INFORMATION AND ENHANCED SECURITY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
SMS TEXT MESSAGING
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only. Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

Access the Services; and
Download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@leaf360.io. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your Submissions
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

Confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
To the extent permissible by applicable law, waive any and all moral rights to any such Submission;
Warrant that any such Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
Represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update such registration information as necessary;
You have the legal capacity and you agree to comply with these Legal Terms;
You are not a minor in the jurisdiction in which you reside;
You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
You will not use the Services for any illegal or unauthorized purpose; and
Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

Visa
Mastercard
American Express
Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. SUBSCRIPTIONS

Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Cancellation
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at info@leaf360.io.

Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. SOFTWARE

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our Services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of the use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices.
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Use the Services to advertise or offer to sell goods and services.

9. USER GENERATED CONTRIBUTIONS

The Services do not offer users an opportunity to submit or post content by default. However, we may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy.

When you create or make available any Contributions, you hereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use, and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each such individual for inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or promote violence against any person or group.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

10. CONTRIBUTION LICENSE

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

11. GUIDELINES FOR REVIEWS

We may provide areas on the Services for you to leave reviews or ratings. When posting a review, you must comply with the following criteria:

You should have firsthand experience with the person/entity being reviewed.
Your reviews should not contain offensive profanity or abusive, racist, offensive, or hateful language.
Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
Your reviews should not contain references to illegal activity.
You should not be affiliated with competitors if posting negative reviews.
You should not make any conclusions as to the legality of conduct.
You may not post any false or misleading statements.
You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have no obligation to screen or delete reviews, even if they are considered objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and distribute all content relating to your review.

12. MOBILE APPLICATION LICENSE

Use License
If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App strictly in accordance with these Legal Terms. You shall not:

Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App.
Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App.
Violate any applicable laws, rules, or regulations in connection with your access or use of the App.
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App.
Use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
Make the App available over a network or other environment permitting access or use by multiple devices or users simultaneously.
Use the App to create a product, service, or software that is directly or indirectly competitive with or a substitute for the App.
Use the App to send automated queries to any website or to send unsolicited commercial email.
Use any proprietary information, interfaces, or intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services:

The license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
We are responsible for providing any maintenance and support services for the App as specified in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation to furnish maintenance and support for the App.
In the event the App fails to conform to any applicable warranty, you may notify the App Distributor. In accordance with its terms and policies, the App Distributor may refund the purchase price, if any, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation with respect to the App.
You represent and warrant that (i) you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and (ii) you are not listed on any US government list of prohibited or restricted parties.
You must comply with applicable third-party terms of agreement when using the App (for example, if you use a VoIP application, you must not violate your wireless data service agreement).
You acknowledge and agree that the App Distributors are third-party beneficiaries of these terms and may enforce the mobile application license against you as a third-party beneficiary.

13. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either:

Providing your Third-Party Account login information through the Services; or
Allowing us to access your Third-Party Account in accordance with the applicable terms and conditions governing such accounts.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breaching any terms of the Third-Party Account, and without obligating us to pay any fees or being subject to usage limitations imposed by the third-party provider. By granting us access, you understand that we may access, store, and make available any content you have provided to your Third-Party Account ("Social Network Content") on the Services, including friend lists. Depending on your Third-Party Account privacy settings, personally identifiable information posted on your Third-Party Account may be available on your account on the Services. If a Third-Party Account or service becomes unavailable or our access is terminated, then Social Network Content may no longer be available on the Services. You can disable the connection between your account and your Third-Party Account at any time. Please note that your relationship with the third-party service providers is governed solely by your agreement(s) with such providers.

14. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as content (such as articles, photographs, text, graphics, music, video, and software) originating from third parties ("Third-Party Content"). We do not investigate, monitor, or check Third-Party Websites or Third-Party Content for accuracy or appropriateness, and we are not responsible for any Third-Party Websites or Content, including their accuracy, reliability, privacy practices, or other policies. Inclusion of any Third-Party Websites or Content does not imply our endorsement. If you leave the Services to access Third-Party Websites or use Third-Party Content, you do so at your own risk. You should review the applicable terms and policies of any Third-Party Website or Content you access. Any purchases made through Third-Party Websites are solely between you and the third party.

15. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Services (e.g., sidebar or banner advertisements). We provide the space for such advertisements only, and we have no other relationship with advertisers.

16. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

Monitor the Services for violations of these Legal Terms;
Take legal action against anyone who, in our sole discretion, violates the law or these Legal Terms (including reporting such users to law enforcement);
Refuse, restrict, limit, or disable (to the extent technologically feasible) any of your Contributions or portions thereof, in our sole discretion;
Remove or disable all files and content that are excessive in size or burdensome to our systems, in our sole discretion; and
Otherwise manage the Services in a manner designed to protect our rights and property and facilitate the proper functioning of the Services.

17. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at https://www.leaf360.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated herein by reference. Please note that the Services are hosted in the United States. If you access the Services from a region with different data protection laws, by using the Services you consent to the transfer of your data to the United States and its processing in accordance with our Privacy Policy.

17A. LOAN INFORMATION AND ENHANCED SECURITY

Any loan-related information that you save on Leaf360—comprising details associated with your loan or mortgage application, supporting documents, and any other financial data—is regarded as part of your personal information. We treat all such Loan Information with the utmost care and subject it to enhanced security measures, including but not limited to:

Encryption: All loan data is encrypted both during transmission and while stored.
Firewall and SSL Protections: Robust firewalls and secure socket layer (SSL) technology are in place to prevent unauthorized access.
Strict Access Controls: Only authorized personnel, under strict internal protocols, have access to Loan Information.
CRM Integration Safeguards: Loan Information is never shared with any third parties except with the integrated Customer Relationship Management (CRM) system of your choice. Such integrations are governed by binding contractual obligations that require the CRM provider to adhere to security and confidentiality standards equivalent to those implemented by us.
Compliance with Data Protection Laws: All measures concerning the handling of Loan Information comply with applicable data protection laws.

By using our Services, you acknowledge and agree that your Loan Information will be protected through these enhanced security protocols and will only be disclosed to facilitate seamless integration with your chosen CRM, ensuring that your sensitive financial data remains secure and confidential.

18. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT YOU POST AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to pursue all available legal remedies, including without limitation, civil, criminal, and injunctive relief.

19. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason in our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other issues or need to perform maintenance that results in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Legal Terms obligates us to maintain and support the Services or to provide any corrections, updates, or releases.

20. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida, applicable to agreements entirely performed within Florida, without regard to its conflict of law principles.

21. DISPUTE RESOLUTION

Informal Negotiations:
To expedite resolution and control costs, any dispute, controversy, or claim related to these Legal Terms ("Dispute") shall first be subject to at least thirty (30) days of informal negotiations initiated by written notice from one Party to the other.

Binding Arbitration:
If the Dispute is not resolved through informal negotiations, it shall be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA Consumer Rules. Arbitration fees and expenses will be governed by the AAA Consumer Rules. The arbitration may be conducted in person, by phone, or online, and will take place in Miami-Dade, Florida unless otherwise agreed by the Parties.

Exceptions:
The following disputes are excluded from arbitration:
(a) Disputes regarding the enforcement or validity of any intellectual property rights;
(b) Disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) Claims for injunctive relief.

If any part of this arbitration provision is found to be illegal or unenforceable, the Dispute shall be decided by a court of competent jurisdiction in Miami-Dade, Florida, and you consent to such jurisdiction.

Restrictions:
Arbitration is limited to disputes between the Parties individually. No class or representative action may be brought.

22. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time without prior notice.

23. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, PERSONAL INJURY, PROPERTY DAMAGE, VIRUSES, INTERRUPTION OF SERVICE, OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

24. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE OR UNDER ANY THEORY OF LIABILITY WILL AT ALL TIMES BE LIMITED TO $59.00 USD. SOME STATE OR INTERNATIONAL LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, in which case those limitations may not apply to you.

25. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Leaf 360, Inc. and its subsidiaries, affiliates, officers, agents, partners, and employees from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

Your use of the Services;
Your breach of these Legal Terms;
Any breach of your representations or warranties set forth herein;
Your violation of any rights of a third party, including intellectual property rights; or
Any overt harmful act toward any other user of the Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any claim for which you are required to indemnify us, and you agree to cooperate fully with our defense of such claims.

26. USER DATA

We will maintain certain data that you transmit through the Services for performance management and to improve your experience. While we perform regular backups, you are solely responsible for all data you transmit or that is generated by your use of the Services. We shall not be liable for any loss or corruption of such data, and you waive any right of action against us arising from such loss.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. By using the Services, you agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records.

28. SMS TEXT MESSAGING

Opting Out:
If you wish to stop receiving SMS messages from us, reply "STOP" to any text message received. You will receive a confirmation message upon opting out.

Message and Data Rates:
Standard message and data rates may apply to any SMS messages sent or received. These rates are determined by your carrier and your mobile plan.

Support:
If you have any questions regarding our SMS communications, please email us at info@leaf360.io or call (US) (305) 767-2622.

29. CALIFORNIA USERS AND RESIDENTS

If any complaint regarding our Services is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:
1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
or by telephone at (800) 952-5210 or (916) 445-1254.

30. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to enforce any right or provision of these Legal Terms does not operate as a waiver. These Legal Terms shall operate to the fullest extent permissible by law. We may assign our rights and obligations under these Legal Terms at any time without notice. We shall not be responsible for any loss, damage, delay, or failure to act caused by events beyond our reasonable control. If any provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Legal Terms without affecting the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us by these Legal Terms. You agree that these Legal Terms will not be construed against us by reason of our having drafted them, and you waive any rights or defenses you may have based on the electronic form of these Legal Terms.