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Terms of Service

These Terms of Service (“Terms of Service”) govern your access to and use of the website located at TourLeaf.com and all services provided at or through such site (collectively, the “Service”), which together are a service of Tour Leaf, LLC (“Tour Leaf”). By accessing, viewing or using the Service, you are agreeing to be bound by these Terms of Service, and our Privacy Policy at www.TourLeaf.com/privacy. If you do not accept these Terms of Service or our Privacy Policy, do not use this website or subscribe to the Service.

Any new features or services, including, but not limited to, those that augment or enhance the Service, including the release of new tools and resources, shall be subject deemed to be “Services” hereunder and subject to these Terms of Service. Tour Leaf reserves the right to update and change the Terms of Service from time to time, and shall post any updated or changed Terms of Service to the website or will otherwise provide you with notice. Your use of the Service after any such changes are posted to the website shall constitute your consent to such changes, which shall be deemed to apply from the date of posting or other notice, unless you terminate your subscription or other use of the Service upon notification of the change or immediately after your next use of the Service, whichever occurs earlier. If you do not agree to the changes, you must immediately discontinue your access to and use of the Service. Your continued access to or use of the Service will constitute your agreement to be bound by such changes. You can review the most current version of the Terms of Service at any time at: www.TourLeaf.com/terms-of-service

Your access to and use of the Service is subject at all times to your compliance in full with these Terms of Service. Violation of any of the terms below may result in the termination of your Account in the sole and absolute discretion of Tour Leaf.

Account Terms

1. You must be 13 years or older to use this Service.

2. Accounts registered by automated methods are not permitted.

3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process, which information must be complete and accurate. If any of such information changes, you agree to promptly update your account with us.

4. You are solely responsible for maintaining the security of your account and password. Tour Leaf cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

5. You are responsible for all activity that occurs under your account (even if the activity is conducted by a user other than you under your account).

6. You may not use the Service for any illegal or unauthorized purpose. You agree to not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

7. You are solely responsible for downloading and backing up all data and other information that you store on or provide through the Service. Further, you are solely responsible for ensuring that all data and other information that you store on or provide through the Service is accurate. Tour Leaf shall have no responsibility for lost, stolen, inaccurate or misleading data or other information stored on or provided through the Service.

  1. You represent and warrant, at all times during the term of this Agreement, that the digital content (“Content”) uploaded:

    1. Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to Tour Leaf for use in the Service without charge to Tour Leaf.

    2. Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;

    3. Does not contain material that is unlawful, obscene, defamatory, pornographic, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid and authorized credit card is required for all accounts.

2. The Service is billed on a monthly basis in advance of the month in which the Services will be provided. All fees are non-refundable, except as expressly provided in the Refund Policy. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.

3. Your subscription will be automatically extended at the then-current subscription rate for successive renewal periods of the same duration of your subscription term until we receive notice from you of your intent to terminate the Services in accordance with these Terms of Service.

4. You hereby authorize us to charge your credit card on a monthly basis for the fees for your use of the Service until such time as your subscription is terminated. We will provide notice of any change to our fee structure or Refund Policy prior to the effective date of such changes. If you have a paying account, such changes will be effective for the immediately following subscription term (if the term is month-to-month, such changes will be effective in the following month) unless you terminate your paying account prior to the billing date, and you hereby authorize us to charge your credit card the applicable fees at the new levels.

5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes imposed on Tour Leaf’s income or gross margin.

6. For any upgrade or downgrade in your service plan, we will automatically charge your credit card that you provided the new rate on your next billing cycle.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. You can cancel your account at any time by e-mailing support@tourleaf.com.

2. ALL OF YOUR DATA WILL BE PERMANENTLY UNAVAILABLE FROM THE SERVICE 30 DAYS AFTER CANCELLATION. Once removed from the Service, your information cannot be recovered. If you wish to preserve any data or other information that you have stored on or provided through the Service, you must print, download and/or backup such data prior to such date.

3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and we will not charge your account again.

4. Tour Leaf, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Tour Leaf service, at any time and for any reason or no reason, including, but not limited to, by reason of your nonpayment of any amount when due. Such suspension or termination of the Service may result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all data in your Account.

5. Tour Leaf reserves the right to refuse service to anyone for any reason at any time.

Refund Policy

You may cancel your account at any time. If you cancel the account during a paid up month, you will not be responsible for the next month’s bill. You are not eligible for any refund.

Modifications to the Service and Prices

1. Tour Leaf 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.

2. Prices of the Service, including but not limited to monthly subscription plan fees to the Service, are subject to change. We will post all changes to our fee structure to the Service itself.

3. Tour Leaf shall not be liable to you or to any third party in the event or with respect to any modification, price change, suspension or discontinuance of the Service.

Copyright, Trademark, Data Ownership

1. Tour Leaf does not pre-screen data, but Tour Leaf and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any data that is available via the Service.

2. The content, look and feel of the Service is copyright ©2012 Tour Leaf, LLC, all rights reserved, and contains various trademarks of Tour Leaf. You may not duplicate, copy, or reuse any portion of the Service, including but not limited to HTML/CSS or visual design elements, or our trademarks, without express written permission from Tour Leaf.

3. All data that you store on or provide through the Service will, as between Tour Leaf and you, be owned solely by you.

4. If you have comments on the Service or ideas on how to improve it, please email us at support@tourleaf.com. Please note that by doing so, you also grant Tour Leaf and third parties permission to use and incorporate your ideas or comments into the Service (or third party software or content) without further compensation or approval.

General Conditions

1. You acknowledge and agree that Tour Leaf set the pricing for the Service in reliance upon the Terms of Service and Refund Policy, including the various exclusions and limitations of warranties and liabilities. The Services would be priced substantially higher if the Terms of Service and Refund Policy did not contain these exclusions and limitations. You therefore agree to assume all these risks. Tour Leaf is not an insurer. If you desire protection against business interruption or other risks of loss, you need to purchase insurance from an insurance company or other source.

2. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Tour Leaf provides no warranty, express or implied, including but not limited to the implied WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, WORKMANLIKE MANNER, or NONINFRINGEMENT.

3. You represent, warrant and covenant that you have and will at all times have all rights necessary to use the Service and store information on and provide information through the Service.

4. Tour Leaf does not warrant that (i) the Service complies or will comply with any legal requirements to which you may be subject; (ii) the Service will meet your specific requirements (including, but not limited to, any legal requirements); (iii) the Service will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Service will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; (vi) it will not lose or corrupt your data; and (vii) any errors in the Service will be corrected.

5. Tour Leaf provides technical support only to paying account holders. We do not provide any on-site support.

6. You understand that Tour Leaf uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

7. You shall not modify, adapt, hack or reverse engineer the Service or modify another website so as to falsely imply that it is associated with the Service, Tour Leaf, or any other Tour Leaf service.

8. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Tour Leaf.

9. We may, but have no obligation to, remove data and other information as well as Accounts containing data or other information or content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s rights or these Terms of Service.

10. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Tour Leaf customer, employee, member, or officer will result in immediate account termination.

11. You understand that the technical processing and transmission of the Service, including your data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

12. You shall not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

13. You shall not transmit any worms or viruses or any code of a malicious or destructive nature.

14. If your use of the Service negatively affects other customers of the Service (as determined solely by Tour Leaf) we reserve the right to immediately suspend or terminate your account or reduce your access without notice.

15. The Service and website may contain advertisements and links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to users of the Service. Such Linked Sites are not under Tour Leaf’ control, and Tour Leaf is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

16. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER Tour Leaf NOR ITS VENDORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Tour Leaf HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR LOSS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

17. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY AGAINST Tour Leaf ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY BREACH, ACT OR OMISSION ON THE PART OF Tour Leaf OR ITS VENDORS, SHALL BE YOUR RIGHT TO CANCEL THE SERVICE AT ANY TIME AND RECEIVE A REFUND IN ACCORDANCE WITH AND TO THE EXTENT PROVIDED BY THE REFUND POLICY.

18. WITHOUT LIMITING THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED ELSEWHERE IN THESE TERMS OF SERVICE, IN NO EVENT SHALL Tour Leaf BE LIABLE FOR MORE THAN THE TOTAL FEES PAID BY YOU FOR THE SERVICES PROVIDED DURING THE MONTH IN WHICH THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED, SUCH AMOUT BEING INTENDED TO BE A CUMULATIVE LIMIT AND NOT PER INCIDENT, AS YOU MAY TERMINATE THE SERVICE AT ANY TIME THAT SUCH LIMIT IS NOT ACCEPTABLE TO YOU.

19. The failure of either party to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision by such party. These Terms of Service, together with the Refund Policy and the Privacy Policy, constitutes the entire agreement between you and Tour Leaf and govern your use of the Service and supersedes any prior agreements between you and Tour Leaf (including, but not limited to, any prior versions of the Terms of Service).

20. You agree to indemnify and hold Tour Leaf and its affiliates and vendors harmless from and against any and all claims, demands, suits, proceedings, liabilities, damages, costs, expenses, awards and losses, including reasonable attorneys fees, suffered or incurred by Tour Leaf or any of its affiliates or vendors on account of any breach by you of any of the these Terms of Service or otherwise arising out of your use of the website or the Service.

21. In the event any provision of these Terms of Service is held invalid, illegal or unenforceable, the remainder of the provisions of these Terms of Service will in no way be affected, impaired or invalidated, and to the extent permitted by applicable law, any such provision shall be restricted in applicability or reformed to the minimum extent required for such provision to be enforceable.

22. These Terms of Service, Refund Policy, and Privacy Policy, may be amended or modified only by Tour Leaf by posting the revised terms on the Service; oral and other statements by representatives or employees of Tour Leaf are not binding.

23. Tour Leaf has the right to make public references to you and to disclose in Tour Leaf’ website and promotional materials that it is providing the Services to you.

24. These Terms of Use, Refund Policy, Privacy Policy and any other agreement with you shall be construed under the laws of Texas, without regard to its principles of conflict of laws. Exclusive venue for any dispute between the parties arising under or relating to the Service, these agreements, the construction or any breach thereof, shall be in the State and Federal courts located in Bexar County, Texas. You hereby waive any defense or challenge to that jurisdiction based on lack of personal jurisdiction, improper venue, or inconvenience of forum.

25. These Terms of Service, Privacy Policy, and Refund Policy shall inure to the benefit of and be binding upon each party and its respective heirs, successors and assigns.

26. If any provision of these Terms of Service is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and these Terms of Service shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof, and the unenforceable provision shall be automatically amended so as best to accomplish the objectives of such unenforceable provision within the limits of applicable law.

27. The website and the Service is controlled and operated by Tour Leaf from within the United States. Tour Leaf makes no representations that materials contained on, within or through the website or the Service are appropriate or available for use in other locations, and access to and use of the website and the Service from locations where such activity is illegal is prohibited. Those who choose to access or use the website or Services from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

28. Waiver of Jury Trial. EACH OF THE PARTIES TO THESE TERMS OF USE WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY DISPUTE OF ANY NATURE WHATSOEVER THAT MAY ARISE BETWEEN THEM, INCLUDING, BUT NOT LIMITED TO, THOSE DISPUTES RELATING TO, OR INVOLVING IN ANY WAY, THE SERVICE, THE CONSTRUCTION, PERFORMANCE OR BREACH OF THESE TERMS OF USE OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, THE PROVISIONS OF ANY FEDERAL, STATE OR LOCAL LAW, REGULATION OR ORDINANCE NOTWITHSTANDING.

29. Questions about the Terms of Service should be sent to support@tourleaf.com

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