I agree to electronic records and to be legally bound by Leeloo Terms and Conditions Leeloo Trading (also known as Leeloo) Disclaimers, Terms of Use, Terms and Conditions, Privacy Policy, and Refund Policy (the “Terms”, the "Terms and Condtions")
All payouts are subject to review and compliance with Leeloo program terms and risk guidelines and for each type of Performance Account you receive.
CONVENIENCE FEE NOTICE: Leeloo uses third-party providers to process your payments. Any payment processor used by Leeloo will process, store and use your payment information in accordance with their privacy policies and Leeloo may also store your payment information in accordance with our privacy policy. When you make any payment through our payment portals: PayPal, NMI, Stripe, you expressly authorize Leeloo to charge you a non-refundable convenience fee for each payment you make through the Leeloo payment portal in the following amounts: 5.85% for all PayPal, PayPal Express, and Stripe transactions and 7.85% for all Network Merchant transactions. Convenience fees per transaction regardless of payment method. This method of paying online is provided to you for your convenience. If you proceed to check-out, you will be charged a convenience fee of 5.85% for all PayPal, PayPal Express, and Stripe transactions and 7.85% for all Network Merchant transactions. This fee is added to the total charge for the goods/service you purchased today. If you prefer to pay by check, please contact us [email protected].
_________________________________________________
Leeloo Terms of Use, Terms and Conditions, and Refund Policy
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Leeloo Trading is for educational purposes only. Leeloo Trading is a platform that runs periodic performance based contests at Leeloo's discretion.
Jump to Refund Policy section.
Leeloo Trading
Terms of Use
Last Updated: March 30, 2026
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS SITE, USE THE SITE, OR INDICATE ACCEPTANCE OF THESE TERMS.
Welcome to Natural Trading, LLC d/b/a/ Leeloo Trading. These Terms of Use (“Terms” or “Terms of Use”) constitute an agreement between you (“you,” “the user,” or the “Trader”) and Leeloo Trading and its affiliates, subsidiaries or assigns (collectively, “Leeloo,” “we,” “us” or “our”). This website (the “Site”) is owned and operated by Leeloo. Access and use of this Site and our services provided through the Site, the application, and offline (together with Platform and Simulated Trading Opportunities, the “Services”) are provided by Leeloo to you on condition that you accept these Terms of Use. By accessing or using the Services, you signify that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to accept these Terms of Use, you may not access or use the Services. This is a community-based Site that offers as part of its Services, a performance-based environment (the “Platform”) to facilitate trades using simulated funds (“Simulated Trading Opportunities”). You, as a website user assume all risk and liability should you elect to use any of these programs or engage in any of these opportunities.
We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of the Services; and (iv) the equipment, hardware or software required to use and access the Services.
Any changes we make to these Terms of Use will be effective immediately upon posting on this Site. Please return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.
All ratings, comments, or opinions on various parts of the website do not necessarily reflect those of Leeloo. The Services offer trading programs and at times may allow users to express their opinions on Leeloo and different companies and Leeloo may provide this information as a service to other users.
1. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU AND LEELOO CAN SEEK RELIEF FROM EACH OTHER AND REQUIRES ALL DISPUTES TO BE BROUGHT SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.
(a) Governing Law and Venue. These Terms, and all matters relating to the Services, and any disputes and claims arising therefrom or related thereto between you and Leeloo (in each case, including non-contractual disputes or claims) will be governed by Montana law, without regard to its principles of conflicts of law that might require the application of the laws of another jurisdiction. You and Leeloo agree to the exclusive jurisdiction of the federal and state courts located in Lewis and Clark County, Montana, and you and Leeloo agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable Dispute.
(b) “Disputes” are any disputes, claims, actions, and other controversies between you and Leeloo or between you and the affiliates or agents of Leeloo that, in either case, arise out of or relate to these Terms, the Services, or any other products or services related thereto, whether based in contract, tort, warranty, fraud, misrepresentation, statute, regulation, or another legal or equitable basis.
(c) Informal Dispute Resolution Prior to Litigation. If you have a Dispute with Leeloo or if Leeloo has a Dispute with you, you or Leeloo must first attempt to resolve the Dispute through informal negotiation for a period of sixty (60) days, or such longer period as mutually agreed in writing (email suffices) by the parties (“Informal Resolution Period”) from the day either party receives a written notice of a Dispute from the other party (a “Claimant Notice”) in accordance with these Terms. The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The statute of limitations and any filing fee deadlines for a Dispute will be tolled for the duration of the Informal Resolution Period for that Dispute so that the parties can engage in this informal dispute-resolution process.
A valid Claimant Notice must be in writing and include all of the following: (i) the name, address and email address of the party giving notice, (ii) a description of the nature and facts of the Dispute, (iii) the relief requested, including the damages sought, if any, and a detailed calculation of them, (iv) an acknowledgement that the Dispute is subject to these Terms, and (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the notice. A Claimant Notice must be individualized, meaning it can only concern yours or Leeloo’s Dispute and no other person’s or entity’s Dispute.
You will send any Claimant Notice to Leeloo at the following address:
Natural Trading, LLC dba Leeloo
Re: Notice of Dispute
821 North 27th #2035
Billings, Montana 59101
with a copy by email to [email protected], with the subject heading: “Notice of Dispute.”
We will send any Claimant Notice to you at the contact information we have for you.
If a party receives a Claimant Notice, the receiving party will acknowledge receipt of the Claimant Notice and make a good faith effort during the Informal Resolution Period to either resolve the Dispute or explain why the claimant is not entitled to relief. Neither you nor Leeloo may commence any court action or other legal proceeding regarding a Dispute before the end of the Informal Resolution Period. If you or Leeloo file a court action or other legal proceeding regarding a Dispute without complying with the requirements in Section 1, including waiting until the conclusion of the Informal Resolution Period, the other party may (i) seek relief from a court to enjoin the filing until the requirements in this Section are fully met and (ii) seek damages from the party that has not followed the requirements in this Section to reimburse it for any costs incurred as a foreseeable consequence of that breach.
(d) Meet and Confer. The recipient of a Claimant Notice may request an individualized telephone or video settlement conference, and both parties shall personally attend (with counsel, if represented) any conference that is held. You and Leeloo agree to work cooperatively to schedule the conference at the earliest mutually convenient time (with the Informal Resolution Period being extended as needed until that time) and to seek to reach a resolution during any such conference.
(e) CLASS ACTION WAIVER. This Section 1(e) will apply to the fullest extent permitted by applicable law. NO DISPUTE SHALL BE JOINED TO ANY OTHER DISPUTE, INCLUDING ANY DISPUTE INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES. NO CLASS ACTION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER YOU OR LEELOO ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY SHALL BE PERMITTED, AND NEITHER YOU NOR Leeloo WILL PARTICIPATE AS A CLASS MEMBER IN ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICES OR ANY OTHER PRODUCTS OR SERVICES RELATED THERETO. ANY RELIEF MAY BE AWARDED ONLY INDIVIDUALLY AND ONLY TO THE EXTENT NECESSARY TO REDRESS YOUR OR LEELOO’S INDIVIDUAL CLAIM(S); RELIEF MAY NOT BE AWARDED ON BEHALF OF OTHERS OR THE GENERAL PUBLIC.
(f) One Year to Assert Claims. In no event shall you or Leeloo send a Claimant Notice or commence litigation over any Dispute more than one (1) year after the Dispute first arose. After such time, the Dispute is permanently barred, which means that you or Leeloo will no longer have the right to assert that Dispute.
(g) Severability. If any part of this Section 1 is found to be unlawful or unenforceable for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms and (ii) the remainder of these Terms will remain in effect. If the class action waiver in Section 1(e) is found to be unlawful or unenforceable in a state for any reason, to the fullest extent allowed by applicable law, claimants may seek certification only of a class composed of residents of that state. Further, if any part of this Section 1 is found to unlawfully prohibit an individual claim seeking public injunctive relief that provision will have no effect to the extent such relief is allowed to be sought, and the remainder of this Section 1 will be enforceable.
(h) Third-Party Beneficiaries. You must resolve Disputes with our past, present, and future affiliates and agents as though they were or are Leeloo. Such affiliates and agents are third-party beneficiaries of this Section 1 and can enforce this Section 1 as though they were or are Leeloo in the event they become involved in a Dispute with you. Otherwise, these Terms are only for the benefit of, and will only be enforceable by, you and Leeloo only and do not give rights to any third parties.
2. YOU AGREE TO OUR PRIVACY POLICY
Please review our Privacy Policy, which is incorporated by reference in these Terms of Use. By using the Services, you are consenting to and agreeing to be bound by the Privacy Policy.
When you use the Services, you consent to receive communications from us electronically via the Services, email, or otherwise. You agree to provide accurate, current, and complete information about yourself when you use the Services and to update such information while you continue to use the Services.
To the extent permitted by law, Leeloo reserves the right to automatically process your personal information using technologies that use machine learning and/or artificial intelligence. You further acknowledge that by using certain aspects of the Services, you may be interacting with functions that involve the use of machine learning or artificial intelligence.
3. USE OF THIS SITE
If you access this Site from outside of the United States, you do so at your own risk and are responsible for compliance with local, national, or international laws. In particular, you understand that this Site, the Services, or both may not be available in all countries and that you are responsible for ensuring that it is lawful for you to use this Site and receive the Services in your location.
Some countries may have laws that forbid participating in the activities we offer on the Site or Services. These restrictions might include a minimum age for using the Internet or entering into contracts like these Terms of Use. You are responsible for making sure you can use this Site and the Services in the location you reside in. Continuing to use the Services represents and warrants to us that you have verified that you are permitted to use the Services in your jurisdiction.
4. ELIGIBILITY
You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Site or our Services; and (c) have full power and authority to enter into these Terms, and in doing so will not violate any other agreement to which you are a party.
5. MOBILE DEVICES
If you use a mobile device to access the Services optimized for mobile viewing, or use a mobile application, the following additional terms and conditions also apply.
You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Services. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
6. SERVICES AND YOUR ACCOUNT
In order to access and use certain Services available on the Sites, you may need to sign up for, open and maintain an account (your “Account”) with us. Prior to completing the signup process for your Account, you may be required to confirm your acceptance of all of the terms and conditions of these Terms of Use. Some Accounts may require a subscription, the subscription-based accounts are subject to the terms described in the “Subscription and Automatic Renewal” section below. If you do not agree to these Terms of Use, you may not sign up for an Account and you shall not have the right to use such Services.
You represent and warrant that at all times you will: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and promptly update your information (including your e-mail address) to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your account and any or all privileges on the Services and to refuse any and all current or future use of the Services.
During the registration process, you may be required to choose a username or Leeloo ID and enter your e-mail address. You acknowledge and agree that Leeloo may rely on this e-mail address, Leeloo ID, or username to identify you. You shall be responsible for protecting the confidentiality of your username(s), Leeloo ID(s), and/or password(s), if any. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. You must not choose a username or Leeloo ID that infringes the rights of any third party or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate. You agree not to transfer your right to use or access the Sites or the Services via your username or password to any third person.
Leeloo may require verification and approval for certain types of accounts. This process may include providing your first name, last name, physical address, and a form of valid government-issued identification. If you are determined (by Leeloo in its sole discretion) ineligible by for an Account, Leeloo will review within reason and will address the situation on a case-by-case basis. Users for these Accounts may be rejected at any time, for any reason, at Leeloo’s sole discretion.
WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT FOR WHICH WE ARE NOT RESPONSIBLE.
Any conduct that in our sole discretion restricts or inhibits anyone else from using or enjoying the Services will not be permitted. We reserve the right in our sole discretion to remove or edit any content and to terminate your Account for any reason. If you wish to delete your account or terminate your Account, you can do so at any time. In the event of termination, you will still be bound by your obligations under these Terms.
7. CONTESTS, COMPETITIONS, AND SWEEPSTAKES
Leeloo offers Performance Based Trading and contests consisting of Simulated Trading Opportunities with performance-based contests run by Leeloo at Leeloo's discretion. Leeloo Services are for educational purposes only.
(a) Trader vs. Trader Contests. From time to time, Leeloo may, in its own discretion, hold contests or sweepstakes whereby Traders may compete to win prizes based on accumulating the largest amount of simulated currency (“Tradeable Synthetic Currency”) during a specified period of time. You agree to these Terms and will not hold Leeloo liable for any errors in such contests or sweepstakes. Contests shall be governed by the applicable contest rules which are published separately.
(b) Contest Statistics. You hereby acknowledge and agree that by using Leeloo Services, your Leeloo ID and statistics may be used and displayed throughout the Services.
(c) Void Where Prohibited. Not all features, contests, competitions, products or services discussed, referenced, provided or offered through or in connection with Leeloo are available to all persons or in all geographic locations. Leeloo reserves the right to limit, in its sole discretion, the provision and quantity of any feature, contest, competition, product or service to any person or geographic area. The Services are operated out of the United States. Some of the functions, features or other content mentioned on the website may not be available to all persons or in all geographic locations or jurisdictions. Furthermore, Leeloo makes no claims that the website or any of its content is appropriate outside of the United States. Access to the website or participation in any contest or competition may not be legal by certain persons or in certain countries, and such access is prohibited. If you access the Services, or participate in any contest or competition from outside the United States, you do so on your own initiative and at your own risk, and you are responsible for ensuring compliance with all local laws.
8. SUBSCRIPTION AND AUTOMATIC RENEWAL TERMS
Certain uses of the Services and certain types of Accounts require a monthly subscription. When your subscription renews, it does NOT reset your Account or change your account balance.
ALL SUBSCRIPTION-BASED SERVICES AND ACCOUNTS WILL AUTOMATICALLY RENEW EVERY THIRTY (30) CALENDAR DAYS UNLESS YOU TERMINATE IN ACCORDANCE WITH THIS SECTION.
By signing up for Leeloo Services, you understand and agree that there are no refunds. By purchasing a subscription or signing up for an Account, you understand that Leeloo does not control or create the data provided and does not control the amount of data that will be provided to you. Leeloo does not represent that the data will be correct, accurate, useful, or timely for any particular purpose.
The subscription fees will be billed through a third party processor. You hereby authorize us, through our third party processor, to charge the applicable subscription fees on a recurring basis. When you make any payment through our payment portals: PayPal, NMI, Stripe, you expressly authorize Leeloo to charge you a non-refundable convenience fee for each payment you make. Subscription fees and the amount charged may be subject to change. We may increase the subscription fees—and bill your credit card or other payment method for such increased fees—upon thirty (30) days prior notice to you through the e-mail address associated with your account. Any fee increases will become effective at the beginning of the next billing cycle so long as you do not opt to terminate the subscription.
Subscription fees are non-refundable, and you are responsible for paying all unpaid fees through the end of the current term. In the event of an early termination by you or us, you will not be entitled to a refund for any portion of any subscription fees paid or owed.
It is your responsibility to cancel any recurring subscriptions or automatic payments, and to the extent permitted by law no refunds will be issued. Failing or forfeiting an Account does not automatically cancel your subscription. If you choose to forfeit your Account, you are still responsible for cancelling any active subscription to avoid future fees. Once your subscription is cancelled, Leeloo cannot reinstate it, this includes subscriptions cancelled by mistake. Under no circumstances can cancelled subscriptions be reactivated and you will not receive a refund.
To the extent permitted by law, users who improperly dispute charges or request chargebacks with their bank will be permanently banned from the Platform and will not be awarded an Account.
To cancel your subscription please log into the Site’s member's area and you will see a blue ‘cancel’ link next to each of your subscriptions. If you need assistance cancelling your account, or have any questions regarding disputes or refunds, please contact us using the information in the “Contact Information” section below.
Certain accounts may allow you to request payouts. Unless Leeloo consents, in its sole and absolute discretion, Leeloo is not obligated to pay the Trader more than the maximum payout amount (“Account Payout Cap”) per user. Account Payout Caps are subject to change at any time. For more information on payouts, please contact us using the information in the “Contact Information” section below.
Trading activity is reviewed to identify behaviors that would not translate to real market conditions, including but not limited to toxic flow, latency arbitrage, and price feed exploitation. Accounts using these practices will result in account closure and users will be banned permanently.
Reckless trading, gambling behavior are prohibited and your accounts will be closed and your user will be disabled.
Copying trades across users is expressly prohibited and your accounts will be closed.
Coordinated trading, account farming, signal mirroring is prohibited and your accounts and user will be closed and disabled.
These types of trading behavior does not align with the spirit of the program or platform.
9. PAYMENT FOR PURCHASED GOODS
The prices displayed on this Site are quoted in United States dollars.
Product prices do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for same. Also note that the price of any Product on our Site does not include shipping and handling, payment processing fees, or any other processing fees or expenses. You are also responsible for the payment of each of these.
At the time you place an order for applicable Services (“Products”), you will be required to provide your payment information. You represent and warrant that: (i) such information is both valid and correct; and (ii) you are the person referred to in the payment information provided.
Please note that the credit card issuers whose credit cards we accept (the “Payment Networks”) have established guidelines, bylaws, rules, and regulations (collectively, the “Payment Network Rules”). We are required to comply with all applicable Payment Network Rules. The Payment Networks may amend the Payment Network Rules at any time and without notice to us or to you. We reserve the right to amend these Terms at any time for the purposes to comply with: (i) the Payment Network Rules; as well as (ii) the requirements of our third party payment processing service provider.
Leeloo uses a third party processor to process your payments. Any payment processor used by Leeloo will process, store and use your payment information in accordance with their privacy policies and Leeloo may also store your payment information in accordance with our Privacy Policy. When you make any payment through our payment portals: PayPal, NMI, Stripe, you expressly authorize Leeloo to charge you a non-refundable convenience fee for each payment you make. Convenience fees apply per transaction regardless of payment method. These fees are added to the total charge for the goods/services you choose to purchase. If you prefer to pay by check, please contact us at [email protected].
To purchase any Products:
· you must have been issued a valid credit/debit card from a member of the Payment Network who has authorized Leeloo to process a charge on their credit/debit card in the amount of the total purchase price for the Products; and
· you also consent to be billed for each transaction under these Terms (or, as the case may be, on a recurring basis) in compliance with: (i) applicable legal requirements; and (ii) the requirements disclosed to you by your credit card issuer.
Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your credit card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the item that you endeavored to purchase arising from any validation checks that may be carried out regarding your payment or identification.
10. ELECTRONIC MESSAGES
By accessing our Site, signing up for Services, creating an account with us, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (i) us communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations from us (collectively, “Records”) electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at [email protected]. Agreements and transactions executed prior to this request will remain valid and enforceable.
11. OUR MATERIALS
Leeloo may make certain digital reproductions of materials, information, content, software, or other materials (including but not limited to intellectual property, database rights, graphics, videos, text, and logos) available to you from this Site from time to time (collectively, the “Leeloo Materials”).
(a) Intellectual Property. The Services, Leeloo Materials, information downloaded, and all intellectual property pertaining to or contained on the Services (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Leeloo or third parties; all rights, title, and interest will remain the property of Leeloo and/or such third-party owner, as applicable. All Leeloo Materials are protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.
(b) Copies of Leeloo Materials. You are authorized to view and retain a copy of pages of the Services only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the Services for the purpose of transacting business with us. You may not tokenize copies of the pages of the Services or any other content on the Services. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Services, or any portion of the Services, for any public or commercial use, without our prior express written consent. Additionally, you agree that you: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Services (or printed pages produced from the Services), and (b) will not make any other modifications to any documents obtained from the Services other than in connection with completing information required to transact business with Leeloo.
(c) License to Use Leeloo Materials. By using the Services, we grant you a non-exclusive, non-transferrable, non-sublicensable right and license to use the Leeloo Materials for your personal use only. If you download, access or use any Leeloo Materials, you agree that such materials: (i) may only be used for your personal use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Leeloo’s prior written permission; (iii) shall not be submitted to, processed by, or otherwise fed into any artificial intelligence or automated processing software; and (iv) shall only be used in compliance with any additional license terms accompanying such materials.
12. USER CONTENT
You are solely responsible for the content and information (collectively referred to as “User Content”) that you post or upload on the Services including feedback or questions.
(a) License for Leeloo for User Content. By submitting User Content to the Services, you automatically grant Leeloo the royalty-free, perpetual, worldwide, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. You acknowledge and agree that this license includes the right to reproduce User Content, including any personal information or your likeness, for marketing and advertising purposes.
(b) Leeloo’s Use of User Content. You agree that we may access, preserve and disclose your account and any User Content posted, uploaded, received or otherwise communicated if required to do so by law or with the good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with an enforceable subpoena or other legal process; (ii) enforce these Terms; (iii) respond to claims that any information violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Services in the future; or (v) protect the rights, property or personal safety of Leeloo or its members, employees, agents, affiliates, partners, communities or any other person.
(c) User Content is Non-Confidential. User Content submitted by you will be considered non-confidential and Leeloo is under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, we reserve the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Leeloo is under no obligation to edit, delete or otherwise modify User Content once it has been submitted to us. We shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.
(d) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personal data, personal information, personally identifying information, or equivalent term be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Leeloo or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Leeloo, and its licensees, successors and assigns, from any claims that you could otherwise assert against Leeloo, or any of its assigns or affiliates, by virtue of any such moral rights. You also permit any other user to access, view, store, or reproduce the User Content for that user’s personal use.
(e) Disclaimer. Please note that we do not make any representations, warranties or guarantees that: (i) the Site, the Services, or any portion thereof, will be monitored (e.g., for accuracy or unacceptable use); (ii) apparent statements of fact will be authenticated; or (iii) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with these Terms of Use. We generally do not pre-screen any communications, content or other materials before it is posted, uploaded, transmitted, sent or otherwise made available on the Site or through the Services by users, so you may be exposed to certain communications, content or other materials that is opinionated, offensive, inappropriate, and/or violates these Terms of Use.
13. USE OF THE SERVICES AND USER CONTENT RESTRICTIONS
You represent and warrant that you will use the Services and any User Content solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have with us and any third parties, all of which you are responsible for knowing and understanding.
(a) Use of the Services
By using the Services, you agree that User Content will comply with the User Content Guidelines in Section 13(b) of these Terms.
By using the Services, you further agree that you will not:
• Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
• Create user accounts under false or fraudulent pretenses, create or use an account for anyone other than yourself, or create multiple active user accounts to post multiple reviews for the same company;
• Promote, endorse, or further illegal activities;
• Disclose information in violation of any legally enforceable confidentiality, nondisclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
• Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third party;
• Except as expressly approved by us, and subject to applicable laws, use the Services for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, or other forms of solicitation;
• Imply a Leeloo endorsement or partnership of any kind without our prior express written permission;
• Introduce software or automated agents to the Services, or access Leeloo or the Services so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Leeloo or the Services without our express written permission;
• “Frame” or “mirror” or otherwise incorporate part of the Services into any website, or “deep-link” to any portion of Leeloo or the Services without our express written permission.
• Copy or use the information, content, or data on the Services in connection with a competitive service, as determined by Leeloo;
• Sell, resell, rent, lease, loan, trade, or otherwise monetize access to Leeloo or the Services posted on the Site without our express written permission;
• Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Leeloo or the Services;
• Interfere with, disrupt, or create an undue burden on Leeloo or the Services or the networks or services connected to Leeloo or the Services; or
• Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Leeloo or the Services or attempt to circumvent any security feature of Leeloo or the Services;
(b) User Content Guidelines
By submitting User Content or using the Services, you further agree that you will not, in connection with User Content, submit material that is contrary to the following guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations:
• You will not submit any User Content that does not generally pertain to the designated topic or theme of the Site or the Services.
• You will not post images or comments that include: (i) pornographic or sexually explicit content; or (ii) showing graphic or gratuitous violence; and
• You will not submit User Content that is harassing, threatening, abusive, racist, incomplete, obscene, intimidating, offensive, bigoted, constitutes hate speech, infringes, violates another party’s rights (including intellectual property rights, and rights of privacy and publicity), contains private information of any third party, or is otherwise objectionable (all as determined by us).
(c) Leeloo’s Removal of User Content.
You understand and agree that we, without any obligation to do so, may monitor or review any User Content you post, upload or otherwise communicate through the Services. We reserve the right to remove any such User Content, in whole or in part, at our sole discretion, that violates these Terms, is likely to harm our reputation, is deemed inappropriate or otherwise poses a risk of harm to any other person. We reserve the right to deactivate your account or otherwise prevent your use and/or participation on Services at any time and for any reason. We reserve the right to deactivate your account or otherwise prevent your use and/or participation on Services at any time and for any reason.
14. NO FINANCIAL, LEGAL, TAX, OR OTHER ADVICE
THE SERVICES ARE NOT INTENDED TO PROVIDE LEGAL, TAX, INVESTMENT/RETIREMENT PLANNING, OR FINANCIAL ADVICE, AND ARE NOT INTENDED TO SERVE AS TAX PREPARATION SERVICES. WE ARE NOT A FINANCIAL ADVISOR, PLANNER, BROKER, OR TAX ADVISOR. WE ARE NOT AN INVESTMENT ADVISOR, INSURANCE AGENT, PARAPLANNER, TRUST OFFICER, ATTORNEY, OR AN ACCOUNTANT. The Services—including the chatbot and any reporting and presentation features available through the Services(“Reports”)—are intended only to assist you in your financial organization and decision-making and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other certified financial advisors who are fully aware of your individual circumstances.
LEELOO IS NOT A FINANCIAL ADVISOR. THE SERVICES YOU OBTAIN FROM LEELOO EMPLOYEES, CONTRACTORS, PARTNERS, SPONSORS, ADVERTISERS, LICENSORS OR OTHERWISE THROUGH THE PLATFORM, IS FOR INFORMATIONAL, SCHEDULING AND PAYMENT PURPOSES ONLY. ALL FINANCIALLY RELATED INFORMATION, INCLUDING, WITHOUT LIMITATION, INFORMATION SHARED VIA THE PLATFORM, LEELOO EMAILS, AND LEELOO ADVERTISING IS FOR INFORMATIONAL AND COMMUNICATIVE PURPOSES ONLY.
You are responsible for choosing your own financial advisor, including without limitation, determining whether the applicable financial advisor is suitable for your financial needs based on specialty, experience, qualification, licenses and other important facts and circumstances that could impact your care. Investing is inherently risky. Past performance is no guarantee of future results.
The Services should not be used without validating the results through independent research, obtaining up-to-date information, and considering the particular financial situation of each user. We do not recommend, guarantee, or represent that the Services will predict the future performance of assets, investments or insurance products of any kind. Moreover, we do not warrant the performance or results that may be obtained by the use of the Service in conjunction with or integrated into any third-party software.
WE ARE NOT ENGAGED IN RENDERING TAX, LEGAL, INVESTMENT, FINANCIAL OR RISK MANAGEMENT ADVICE, AND THE RESULTS OF USE OF THE SERVICE AND CONTENT MUST NOT BE REGARDED OR REPRESENTED AS CONSTITUTING SUCH ADVICE. PRIOR INVESTMENT PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. AS SUCH, LEELOO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OF ANY PROJECTIONS GENERATED BY THE SERVICE.
The Services are solely informational and educational resources for consumers. We may, but have no obligation to, publish content through the Services that is reviewed by our editorial personnel. No party (including Leeloo) involved in the preparation or publication of such works guarantees that such content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such content.
15. INTELLECTUAL PROPERTY INFRINGEMENT
Leeloo respects the intellectual property rights of others, and we ask you to do the same. This section discusses infringement of intellectual property, including under the Digital Millennium Copyright Act, 17 USC Section 512 et seq. (“DMCA”).
(a) Notice of Infringement. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Site and/or in the Services, please provide Leeloo’s designated agent the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or if multiple works at a single online location are covered by a single notification, a representative list of such works at that location;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Leeloo to locate the material;
• Information reasonably sufficient to permit Leeloo to contact you as the complaining party, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Leeloo’s agent for notice of claims of copyright or trademark infringement can be reached at [email protected].
Please also note that for copyright infringements under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
(b) Submitting a DMCA Counter-Notification. We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification, in writing, to Leeloo’s designated agent that includes all of the following information:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Leeloo may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
(c) Termination of Infringers. Leeloo reserves the right, at its sole discretion, to terminate the account or access of any user of the Site who is the subject of DMCA or other infringement notifications
16. AVAILABILITY
We cannot and do not promise that the Site or the Services will be uninterrupted, secure, or error-free. We reserve the right to interrupt/suspend this Site or the Services, or any part thereof, with or without prior notice for any reason.
17. ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Site and the Services, and you shall be solely responsible for all charges and fees related thereto.
Please note that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Leeloo is not liable for any damages related to communications to, or from, this Site or the Services.
18. CURRENCY OF SITE
Leeloo cannot and does not guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site and the Services. We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update this Site (including the Leeloo Materials) and the Services at any time, without prior notice to you.
Leeloo Services may use third-party services to facilitate the Platform. Trading data comes from a third party provider and Leeloo does not control the data and is not responsible for Platform or server errors. Leeloo does not control these services and does not guarantee the accuracy, availability, or completeness of these services, including Rithmic.
You understand that uncontrollable risks may occur in electronic trading inclusive of power and internet outages, hardware, software, server failures. By using the Services, you acknowledge these risks and choose to trade electronically with Leeloo regardless of these risks.
You understand that when uncontrollable risks occur inclusive of system outages, internet outages, hardware, software, server failures, you may not continue trading or using your account(s).
19. LINKS TO OTHER SITES AND SERVICES
This Site or the Services may contain links to outside services and resources, the availability and content of which Leeloo does not control. The inclusion of these links does not imply that Leeloo monitors or endorses these sites. We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites. We do not assume any responsibility or liability for the actions, products, and content of these and any other websites. Any concerns regarding any such services or resources should be directed to the service or resource.
20. SECURITY
Leeloo makes no warranty whatsoever to you, express or implied, regarding the security of the Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Services. Leeloo is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Services by using the contact information in the “Contact Information” section below.
Due to technical difficulties with the internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site or the Services. Leeloo recommends that you install appropriate anti-virus or other protective software.
LEELOO SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR THE SERVICES OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE.
21. SEVERABILITY/NO WAIVER
If any provision of these Terms of Use is found to be unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Leeloo’s failure to enforce the strict performance of any provision of these Terms or the additional terms and conditions for any Service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms or the additional terms and conditions.
Sections 1 (Dispute Resolution), 14(No Financial, Legal, Tax, Or Other Advice), 20 (Security), 22 (Disclaimers: Site and Services and Materials Provided “As-Is”), 23 (Limitation of Liability), 24 (Indemnification), and 25 (Term and Termination) will survive any termination of expiry of these Terms.
22. DISCLAIMERS: SITE, SERVICES AND MATERIALS PROVIDED “AS-IS”
THIS SITE, THE SERVICES AND THE LEELOO MATERIALS ARE PROVIDED “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS,” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. LEELOO DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES, OR THE LEELOO MATERIALS WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEELOO, OR THROUGH THE SITE SHALL CREATE ANY WARRANTY REGARDING THE SERVICES NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SERVICES AND ITS CONTENT AND DATA MAY BE PROVIDED BY LEELOO FROM TIME TO TIME WITHIN THE SERVICES.
These Terms were written in English (US). Any translated version is provided solely for your convenience using third party translation services such as Google Translate.
WE DO NOT WARRANT THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE SERVICES, THE MATERIAL, OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
Please note that some jurisdictions do not allow the disclaimer of certain representations or warranties, so the disclaimer in this Section 22 will apply to you to the extent permitted by applicable law.
23. LIMITATION OF LIABILITY
YOU AGREE THAT NONE OF THE PROTECTED PARTIES (AS DEFINED BELOW) SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES. IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY. INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING PARAGRAPH AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, FOR ANY CLAIM, COST, DAMAGE, OR LOSS ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING FOR ANY WARRANTIES THAT MAY NOT BE EXCLUDED, SHALL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $10.00 (TEN DOLLARS) (USD) (THE “LIABILITY CAP”).
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
24. INDEMNIFICATION
You will defend, indemnify, and hold Leeloo, each third-party service provider, their respective affiliates, subsidiaries, and parent companies, and their respective officers, directors, employees, agents, information providers, and partners (collectively, the “Protected Parties”) harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to (a) your conduct with respect to the Services and/or (b) violation (or alleged violation) of these Terms by you or any other person accessing the Site or Services on your behalf. Under no circumstance will Leeloo be liable for damages of any kind that result from your use of, or the inability to use, the Services.
Please note that some jurisdictions limit the extent to which a party may indemnify another. As such, this provision will apply to you to the extent permitted by applicable law.
25. TERM & TERMINATION
Leeloo may, from time to time, but is in no way obligated to, permit you to access and use this Site and the Services in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree (i) that access to this Site and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and (ii) that Leeloo shall not, in any event, be responsible to you in any way should you be unable to access this Site and the Services at any time or from time to time. We may terminate these Terms of Use for convenience with no notice to you.
Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Site and the Services.
26. CHANGES
You are responsible for reviewing these Terms regularly. Leeloo reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Services, these Terms, or any of our policies related to use of the Services. We will not amend Section 1 (Dispute Resolution), in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Class Action Waiver in its entirety. Revisions to these Terms or our policies may be provided through the Services, including by posting the revisions on the Services and updating the “Last Updated” date. Continued use of the Services following such modifications to the Services, these Terms, additional terms and conditions for any service, or our other policies will constitute your acceptance of such modifications and revisions.
27. MISCELLANEOUS
(a) Entire Agreement. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
(b) Headings. The section headings used in these Terms shall not be given any legal import.
(c) Assignment. These Terms of Use are not assignable, transferable, or sublicensable by you except with Leeloo’s prior written consent. Leeloo may assign its rights and duties under these Terms of Use at any time without notice to you.
(d) Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
28. CONTACT INFORMATION If you need to contact us regarding this Site, the Services or these Terms of Use you can contact Leeloo at support{at}leelootrading.com.
____________
Affiliate Terms and Conditions
Your entry into this Agreement is a promise to Leeloo stating your participation in the Affiliate Program. By submitting an application for the Affiliate Program and/or participating in an Offer, you agree that, in addition to Leeloo’s general Terms of Service and Privacy Policy, the following additional rules apply to you as an Affiliate:
1. Enrollment in Leeloo’s Affiliate Program
The Leeloo Affiliate Program application form must be completed and can be found here.
You must provide us with your true identity (no aliases or other means to mask your true identity or contact information) and future updates.
After review, we will notify you of your acceptance or rejection to the Leeloo Affiliate Program. Please note that Leeloo is entitled to accept or reject your application with or without reason.
2. Obligations of the Parties
A. Leeloo
Subject to your acceptance into the Program, and your compliance with the terms and conditions of this Agreement, Leeloo agrees as follows:
i. To make Links and other relevant materials available to you via the Affiliate Program, that you may display on your ‘Media’ (see ‘Definitions’). The Links will identify you as a member of the Leeloo Affiliate Program and will establish a link from your Media to the Program Website.
ii. To pay you any Commissions earned on a monthly basis, provided that your Account is greater than $100. Accounts with a balance of less than $100 will roll over to the next month and will continue to roll over monthly until $100 is reached. We reserve the right to charge back to your account any previously paid Commissions that are later determined to have not met the requirements to be a Qualified Action.
iii. To generate an invoice on behalf of Affiliate for all Commissions payable under this Agreement and shall remit payment to Affiliate based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by Leeloo in its sole discretion.
iv. To pay Affiliate Commissions via PayPal.
v. If a refund has been issued to a Client, we do not pay Commission for the Client. Commissions are determined each month by calculating the total Qualified Actions minus any refunds. Leeloo reserves the right to offset refunds for disqualified Commissions against future Commissions.
vii: Leeloo will generate the payout report on or about the 28th of every month. Commissions will be paid within 10 days of the report being generated.
B. The Affiliate
Subject to your acceptance into the Program, and your compliance with the terms and conditions of this Agreement, you agree as follows:
i. To take sole responsibility for all Leeloo content on, or linked to, your Media.
ii. To ensure that all materials posted on your Media or otherwise, that are linked to Leeloo are not illegal, do not infringe upon the intellectual property or personal rights of any third party and lastly do not contain or link to any Objectionable Content (see ‘Definitions).
iii. To not make any unauthorized statements, warranties or representations concerning Leeloo, the Client, or any of their respective products or services.
iv. To comply with the terms, conditions, guidelines and policies of any third-party services used by Affiliate in connection with the Affiliate Program including, but not limited to, email providers, social networking services and ad networks.
v. To comply with all restrictions, requirements and obligations under this Agreement, and the laws, rules and regulations related to business, your Media, or your use of the Links.
vi. To ensure that your Media does not copy or resemble the look and feel of the Leeloo website. Your Media may not (unless prior written permission obtained) create the impression that it is endorsed by Leeloo or Clients, or that your Media is a part of the Leeloo Affiliate Program website.
vii. To create a law-abiding, accessible privacy policy that has been established prior to gathering personal data from end users.
viii. To disclose all data collection, use and sharing practices, including Personal Data being used in connection with the Leeloo Affiliate Program and Clients.
ix. To follow the laws of any relevant countries with and from which you conduct business or take orders.
x. To prominently post and make accessible, any terms and conditions in connection with Leeloo or the Client’s Offer, or as required by applicable laws regarding such Offers.
xi. To not place Leeloo ads on any online auction platform (e.g. Amazon etc).
xii. Clients must provide funds to Leeloo prior to receiving Commission payments. You hereby agree to release Leeloo from any claim for Commissions if Leeloo has not received such funds from the Clients.
xiii. To make in detail a written complaint should the Affiliate, in good faith, dispute any or all of an invoice. Complaints must be made within 10 days of the invoice date.
xiv: To agree that no claims/complaints about an invoice can be made unless the appropriate action set out in xiii has been followed.
xv. To agree that Leeloo may offset any outstanding balances due to Leeloo from amounts payable to Affiliate under this Agreement, whether or not related to the Affiliate Program.
xvi. To be responsible for all taxes and other similar levies as required by any law or regulation.
xvii. To understand that payment tracking can be affected by events beyond Leeloo’s control.
xviii: Should the Affiliate be tracking Qualified Actions and claim a discrepancy, the Affiliate must provide Leeloo with findings within three days after the last day of the calendar month. A good faith reconciliation will be made by Leeloo and Affiliate, if Leeloo’s and Affiliate’s reported statistics vary by more than 10%, and Leeloo reasonably determines that Affiliate has used generally accepted industry methods to track Qualified Actions. If the parties are unable to arrive at a reconciliation, then Leeloo’s numbers shall govern.
C. The following additional program-specific terms shall apply to any promotional programs set forth below:
i. Opt-outs: Any opt-out requests received by the Affiliate must be immediately forwarded to Leeloo at [email protected]
ii. Email campaigns: Emails sent by the Affiliate must not imply that the message is being sent on behalf of Leeloo.
iii. Advertising campaigns: Links that appear to be associated with Leeloo must not be used on bulletin boards or chat rooms, unless authorized by Leeloo with prior written approval. The function of any client-side ad serving software used by Affiliate must be clearly disclosed to end users prior to installation, in plain-English. The software must be easily removed when required, according to generally accepted methods.
iv. Affiliate Network Campaigns: Affiliates with their own affiliate Network(s) agree to place the Links in said Network for access and use by other Third Party Affiliates. Affiliate guarantees that Leeloo has been provided with all truthful and complete contact information for each Third-Party Affiliate, and that each Third-Party Affiliate has affirmatively accepted this Agreement. Affiliate agrees to expressly forbid any Third-Party Affiliate to modify the Links in any way. Affiliate agrees to maintain Network according to the highest industry standards and shall not permit any party to be a Third-Party Affiliate whose website or business model involves any Objectionable Content. All Third-Party Affiliates must be in good standing with Affiliate, and the Affiliate must require and confirm that all Third-Party Affiliates verify that they accept this Agreement, through verifiable means, prior to gaining access to the Links. Any Third-Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement will be terminated. This includes Leeloo or the Affiliate suspecting any wrongdoing by a Third-Party Affiliate with respect to the Links. The Affiliate must promptly disclose to Leeloo the identity and contact information of such Third-Party Affiliate. Affiliate shall promptly remove any Third-Party Affiliate from the Affiliate Program and terminate its access to future Offers of Leeloo in the Network. Affiliate shall remain liable for all acts or omissions of any Third-Party Affiliate.
3. Limited License and Intellectual Property
Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Leeloo’s copyrights, service marks, trademarks, patents, or trade secrets. You may not alter, modify, manipulate, or create derivative works of the Links or any Leeloo creative, copy, graphics or other materials owned by, or licensed to, Leeloo in any way. We may revoke your sublicense at any time via written notice. You are only entitled to use the Links to the extent that you are a participant in good standing of the Affiliate Program. You agree that Leeloo may use any Affiliate suggestion, comment or recommendation without payment or compensation by Leeloo. All rights not expressly granted in this Agreement are reserved by Leeloo.
Leeloo grants Affiliates a non-exclusive, non-transferable, revocable sublicense to use the Links and to access our website through the Links in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Website. All proprietary information, trademarks, trade secrets, copyrights and all other similar rights in, and arising out of, our services are, and shall continue to be, exclusive property of Leeloo.
4. Confidentiality
Your confidentiality obligations survive the termination of this Agreement.
Except as otherwise provided in this Agreement or with the consent of Leeloo, you agree that you will: (A) protect the confidentiality of the Confidential Information, (B) not use any Confidential Information for any purpose outside the scope of this Agreement, (C) not disclose Confidential Information to any third party. Affiliate may disclose Confidential Information if required to do so under any federal, state, or local law, stature, rule or regulation, subpoena or legal process, provided that Affiliate provides Leeloo with 10 days’ notice prior to disclosing any Confidential Information and fully cooperates with Leeloo in seeking to overturn or limit such disclosure requirement.
Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Leeloo Affiliate Program, or assist another party to do the same.
5. Termination
This Agreement shall commence on the date your Affiliate Program application is approved by Leeloo and shall apply for as long as you participate in the Affiliate Program, until terminated. You may terminate your participation in the Affiliate Program at any time and must remove all Links from your Media, deleting all copies.
We reserve the right to revise or terminate the Affiliate Program at any time, by providing a revised Agreement, a change notice, or revised Program documentation.
We may terminate your participation in one or more Offers or pursuant to this Agreement at any time and for any reason, by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers, or pursuant to this Agreement, you will immediately cease use of and delete all Links, materials and resources provided to you during your participation in the Program. Additionally, you agree to discontinue use of all Leeloo or Client intellectual property.
All rights to validly accrued payments, causes of action and any provisions will survive any termination.
Either party may terminate this Agreement at any time, with or without cause and upon termination by either party, you will cease to represent yourself as a Leeloo Affiliate.
6. Independent Contractor
Under this Agreement, the Affiliate is an independent contractor, not an employee or agent of Leeloo. Nothing in this Agreement shall create a franchise, association, joint venture, partnership, or employment relationship between the parties. Affiliate shall not sign any document in or on behalf of Leeloo’s name, nor shall Affiliate be seen as having authority to contract for or bind Leeloo to any contract.
7. Remedies
In addition to any other rights and remedies available to us under this Agreement, Leeloo reserves the right to delete any actions submitted through your Links, and withhold and freeze any unpaid Commissions or chargeback paid Commissions to your account if: (i) Leeloo receives any complaints about your participation that Leeloo reasonably believes violates the terms of this Agreement, (ii) any Qualified Action is later determined to have not met the requirements of this Agreement or the Affiliate Program. Such withholding or freezing of Commissions, or chargebacks for paid Commissions, shall be without regard to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, Leeloo reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or to any third party that has been directly damaged by your actions. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
8. Anti-Spam Policy
You must strictly comply with the Federal CAN-SPAM Act of 2003 (the ‘Act’) and it is solely your obligation to ensure that the email complies with the Act. All emails sent in connection with the Affiliate Program must include the appropriate opt-out link. Leeloo has the right to request submission of the final email containing links or references to the Affiliate Program for approval by Leeloo. Only when you receive written approval from Leeloo, may you send the approved email to third parties. You agree not to rely upon Leeloo’s approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon Leeloo’s approval.
9. Federal Trade Commission Compliance
Leeloo requires that you follow all Federal Trade Commission guidelines when endorsing our company and product. This means conspicuous disclosure on your website of any compensatory relationship.
10. Fraud
You are expressly prohibited from committing any fraudulent acts including, but not limited to: (i) using automated means to increase click-through rates via the Links or completion of any required information, (ii) using stealware and/or spyware, cookie-stuffing, click-fraud and other such deceptive acts. Affiliate is expressly prohibited to use any means, arrangements, persons or devices to commit fraud, violate any applicable law, interfere with other Affiliates or provide false information in connection with Clients through the Links or the generation of Commissions, or exceed your permitted access to the Affiliate Program.
11. Non-Disparagement
Affiliate shall not make any false, disparaging or derogatory statements in public or private to any person or media outlet regarding Leeloo or any of its directors, officers, related business entities, employees, agents, or representatives of the Company’s business affairs or financial condition. Affiliate understands and agrees that, as a condition of the monetary consideration tied to this Agreement, it will apply during the term of the Agreement and for two years post-termination. This does not prohibit you from communicating or testifying truthfully (A) to the extent required or protected by law, (B) to any federal, state, or local governmental agency, or (C) in response to a subpoena to testify.
12. Representations and Warranties
You hereby represent and warrant that: (A) this Agreement constitutes your legal, valid and binding obligation, is enforceable against you in accordance with its terms and conditions, (B) you have the authority to enter into this Agreement and (C) your participation in the Affiliate Program will not conflict with any of your existing agreements or arrangements.
13. Non-Solicitation
You agree not to solicit for employment any of Leeloo’s employees or contractors, directly or indirectly, while this Agreement is active and for 12 months following the termination of the Agreement. It is to be agreed by both Leeloo and the Affiliate that this is not intended to limit the mobility of either our employees or contractors.
14. Modifications
Modifications may include, but are not limited to: payment procedures, Affiliate Program rules, and changes in the Commissions and Commission amounts or percentages. Leeloo may modify any of the terms and conditions in this Agreement at any time, provided that the change applies only to events occurring after the date on which such modifications become effective. You will be notified of any modifications by email and the modifications will become effective one day after the notice was issued.
Your continued participation in the Affiliate Program following notification of the modification will constitute binding acceptance of the change. If you do not accept the modifications, your only option is to terminate this Agreement within five business days after receiving the notification email.
Leeloo may remove or modify any content related to a Link and may discontinue, change or suspend any aspect of an Offer or Link. If required by Leeloo, the Affiliate agrees to remove or modify any Link, content, graphic or banner ad that is being used by Affiliate as part of the Affiliate Program.
15. Indemnification
Based on (A), (B), (C) and (D) below, Affiliate hereby agrees to, at your expense, indemnify, defend and hold harmless, Leeloo and Clients, and their respective directors, employees, officers, agents, owners, affiliates, partners, subsidiaries and licensors, against any and all liabilities, claims, losses, damages, demands, judgments, actions, settlements, costs and expenses (including reasonable attorneys’ fees and costs): (A) Affiliate’s non-compliance with, or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate while participating in the Affiliate Program, (B) any misuse by Affiliate, or by those under reasonable control of Affiliate, (C) obtaining access through Affiliate of the Links, Offers or Leeloo or Client intellectual property, (D) any claim related to your Media including, but not limited to, the content contained on such Media (except for the Links).
16. Disclaimers
Affiliate acknowledges that Futures and Forex trading has large potential rewards, but also the potential for large risk. Never trade with money you can’t afford to lose. Affiliate must be aware of said risks, and be willing to accept them in order to invest in the Futures and Forex markets. The past performance of any trading system or methodology is not necessarily indicative of future results. No representation is being made that any account will, or is likely to, achieve profits or losses similar to those discussed in this document. This is neither a solicitation nor an offer to buy/sell Futures, Forex, stocks, options or similar.
Except to the extent prohibited by applicable law, Leeloo expressly disclaims all warranties (express, implied or statutory), including but not limited to: the implied warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising out of course of dealing, usage, or trade. Leeloo expressly disclaims any liability for any act or omission of any Affiliate or Client, or their products or services. Leeloo does not warrant that the Affiliate Program or Links will meet Affiliate’s specific requirements or that the operation of the Affiliate Program or Links will be completely error-free or uninterrupted. The Affiliate Program, the Leeloo website, Links and the products and services provided in connection therewith, are provided to Affiliate ‘as is’. Leeloo does not guarantee that the Affiliate will earn any specific amount of Commissions. Leeloo reserves the right, at any time, to change the nature, features, scope, or operation of the Affiliate Program, or may discontinue any portion of the Program.
Neither Leeloo nor any of our related entities, directors, affiliates, officers, employees, agents or partners will be responsible for any reimbursement, compensation or damages arising in connection with: (i) any loss of prospective profits or revenue, (ii) any investments, expenditures or commitments by you in connection with this Agreement or your participation in the Affiliate Program, (iii) any termination or modification of the Program, this Agreement, or your participation in the Affiliate Program.
17. Limitation of Liability
Leeloo cannot be held liable for any indirect, incidental, consequential, personal injury/wrongful death, or special or exemplary damages including, but not limited to: loss of profits or loss of business opportunity, even if such damages are foreseeable and whether or not Leeloo has been advised of the possibility thereof. Neither Leeloo nor any of our directors, officers, affiliates, employees, agents, related entities or partners shall be liable for any unavailability or inoperability of the Links, websites, technical malfunction, corruption or loss of information, computer error, or other injury, damage or disruption of any kind beyond the reasonable control of Leeloo. Leeloo’s cumulative liability to Affiliate, from all causes of action and all theories of liability, will be limited to and will not exceed the amounts paid in Commissions to Affiliate by Leeloo during the three months immediately prior to such claim.
18. Arbitration
Instead of filing a lawsuit in court, Affiliate and Leeloo mutually agree to attempt to resolve any justiciable disputes involving the Affiliate Program or this Agreement, exclusively through final and binding arbitration located in Roundup, Montana before a single arbitrator.
19. Governing Law and Miscellaneous
Affiliate shall be responsible for the payment of all attorneys’ fees and expenses incurred by Leeloo to enforce the terms of this Agreement. This Agreement contains the entire agreement between Leeloo and Affiliate with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, written or oral. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity, while retaining the original intent of the parties. Affiliate agrees that Leeloo shall not be subject to, or bound by, any representations made by Affiliate (written or otherwise) that amend, conflict with, or supplement this Agreement, regardless of whether Leeloo ‘clicks through’ or otherwise indicates its acceptance thereof.
Other than the arbitration agreement provided, this Agreement shall be construed and governed by the laws of the State of Montana, without regard to principles of conflicts of laws. To the extent that any lawsuit is permitted under this Agreement, the parties hereby submit to the personal jurisdiction of, and agree that any legal proceeding with respect to, or arising under, this Agreement shall be brought solely in, the state court of Montana for the County of Musselshell, or in the United States District Court for the State of Montana, if such court has subject matter jurisdiction. Notwithstanding anything to the contrary in this Agreement, we may seek injunctive relief without posting bond or other relief in the state court of Montana for the County of Musselshell, or any actual or alleged infringement of our, or any other person’s or entity’s, intellectual property or proprietary rights. You further acknowledge and agree that our intellectual property and proprietary rights are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
Leeloo may assign this Agreement at any time with reasonable notice to Affiliate. Affiliate may not assign all or any part of this Agreement without Leeloo’s prior written consent. This Agreement will be binding on, and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. Affiliate may not modify this Agreement without the prior written consent of Leeloo.
20. Independent Investigation
You acknowledge that you have read this Agreement in its entirety, and agree to all of its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Offer, and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.
Montana, USA
[email protected]
Related Pages:
