Terms of Use

This Agreement is entered into by and between You and Leopard Solutions LLC (“Company”) and governs your access to and use of the Company’s Premium Job Listings Service (the “Premium Service”) and the content available therein (the“Premium Content”). To use the Premium Service and gain access to the Premium Content, you must accept and agree to comply with the terms and conditions set forth in this Agreement.

The Terms of Use posted on the Company’s website (the “Site”) located at the domain names <leopardsolutions.com> and <theleopardlist.com> are incorporated herein by reference. To the extent any provisions in the Terms of Use conflict with the terms of this Agreement, the terms of this Agreement govern.

This Agreement may be updated from time to time and the latest version will be posted on the Site. By accessing the Site or using the Premium Service, you agree to be bound by this Agreement in its then current form. Accordingly, you should periodically review the current Agreement as it appears on the Site.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO OR USING THE PREMIUM SERVICE. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT USE THE PREMIUM SERVICE.

1. Eligibility.

              You must be 18 years of age or older to use the Premium Service in any manner. By accepting the terms and conditions of this Agreement, You represent and warrant that You are 18 years of age or older and that You have the right, authority and capacity to agree to and abide by the terms and conditions of this Agreement.

2. Services; Third Party Links; Passwords

(A) Provision.

              Subject to all terms and conditions of this Agreement, Company shall supply the Premium Service to You for the fees set forth on the Company’s website or otherwise agreed to by the parties for the term that You select upon subscribing (the “Term”) by making the Premium Service available to You through the Site. Company reserves the right to make changes to the Premium Service and add, delete, edit or modify the Premium Content at any time.

(B) Payment.

              Charges for the Premium Service are due and payable immediately upon subscribing. Company may store your payment information, including but not limited to credit card information. Due to the nature of the Premium Content all sales are final and non-refundable. The Company is authorized to charge any renewal fee to the credit card previously provided by You to the Company upon Your authorization to renew Your subscription to the Premium Service.

(C) Accuracy, Completeness and Timeliness of Information.

               Company is not responsible if any Premium Content is not accurate, complete or current. Company reserves the right to modify the Premium Content at any time. It is Your responsibility to monitor changes to the Premium Content. Any reliance on Premium Content is at Your own risk.

(D) Third Party Links.

              Company acts as a venue for employers to post jobs and for candidates to respond to job postings, post resumes and create networking profiles. These transactions are facilitated through a link to the employer’s, recruiter’s or other third-party’s website. The Company is not involved in the actual transaction between employers or recruiters and candidates. Moreover, the Company does not screen job postings, candidate responses or related content.

              Company is not responsible or liable for any off-site web pages accessible from or linked to the Site or any information contained therein. Links to off-site web pages should not be construed as third party endorsement, sponsorship or affiliation of, with or by Company. Any opinions or recommendations expressed in any third party sites should not be construed as the opinions, recommendations or views of Company. You link to any third party site at your own risk.

(E) Passwords.

              You agree to keep your password secure and confidential and to not permit others to use your account. You are responsible for anything that happens through your account, whether or not authorized by You, and You hereby release Company from any and all liability concerning such activity. You agree to promptly notify Company of any actual or suspected loss, theft or unauthorized use of Your password. Company has no obligation to inquire as to the authority or propriety of any use of or action taken under Your password and will not be responsible for any loss to You arising from any such use or action or from Your failure to comply with these provisions. To notify the Company of any unauthorized use, please contact the Company at support@leopardsolutions.com.

3. License; Use; Termination; Intellectual Property.

(A) License.

              In conjunction with Your subscription to the Premium Service, Company hereby grants You a non-transferable, non-exclusive license (the “License”) to use the Premium Service and Premium Content for the Term, subject to the terms and conditions set forth herein. You are the only person permitted to access or use the Premium Service and Premium Content. Additional persons may only access or use the Premium Service and Premium Content by subscribing to the Premium Service and paying the appropriate fee.

(B) Use Limitations.

              Your use of the Premium Service and Premium Content will be solely for Your own personal, non-commercial use in connection with seeking employment and career information. You are prohibited from reselling the Premium Content to a third party.

              You agree that Your use of the Premium Service and Premium Content will be in compliance with all applicable laws and regulations, and that You will not use, or knowingly allow any other person to use the Premium Service or Premium Content for or in connection with, any illegal purpose or activity.

(C) Unauthorized Use.

              In connection with Your use of the Premium Service and Premium Content, You shall not directly or indirectly upload, download, manipulate, transmit, publish, broadcast or otherwise provide or disseminate any content (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the patent, copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) that contains incomplete, false or inaccurate biographical information or information that is not your own.

              In particular, You shall comply with the Can-Spam Act, the National Do Not Call Registry, and state privacy laws. In this regard, in connection with any posted content, email or other communication or transmission, You shall not use a false email or postal address, impersonate any person or entity or otherwise mislead as to the origin of the content, email or other communication or transmission. For communications covered by the Can-Spam Act, You shall also provide a mechanism that allows a recipient to opt-out of, or end, any future email messages from the sender and shall honor any such requests.

              You shall not copy, modify, duplicate or download the Premium Content, except as necessary to do so in order to receive, use or implement the Premium Service or Premium Content as permitted in Paragraph 3(B) above and in accordance with the terms of this Agreement. You shall not directly or indirectly sell, lease, assign, redistribute, broadcast or otherwise disseminate the Premium Content, by any means (including without limitation by making hard copies or by electronic transfer) to any other person or entity. You shall not download all or any part of the Premium Service or Premium Content to any third party’s facilities or network to enable any sharing of all or any part of the Premium Service or Premium Content, or any data, information or documentation included therein or derived therefrom. You shall not attempt or permit others to attempt to modify, adapt, translate, convert to another programming language, decompile, reverse compile, disassemble or reverse engineer the Premium Service or Premium Content, in whole or in part, for any purpose.

              You shall take all reasonable precautions to safeguard the Premium Service and Premium Content, to prevent any copies or disclosures thereof in violation of this Agreement and to prevent any unauthorized access thereto. You shall notify Company immediately if You become aware of any unauthorized use of the Premium Service or Premium Content, and/or data, information or documentation transmitted via the Premium Service.

(D) Termination.

              The License shall terminate upon expiration of the Term or the termination of this Agreement for any reason. In such event, You shall immediately cease any and all use of the Premium Service.

(E) Ownership of Intellectual Property.

              To the fullest extent permitted or available under applicable law, Company hereby asserts and claims, and You hereby recognize and acknowledge, Company’s ownership of all right, title and interest in and to the Premium Service and Premium Content and the form, format, mode or method of compilation, selection, configuration, presentation or expression thereof, and any and all related copyright, patent, trademark, service mark and confidential proprietary and trade secret information and rights therein.

              You shall not remove, alter, modify or deface any copyright notice, trademark, service mark, logo, name, decal or imprint on the Premium Service, the Site and/or all related data, information and documentation including, but not limited to, those which identify Company or any other party as the source of origin of such goods, services, products, data, information and documentation. You shall not take any actions which indicate that Company is not the source of origin of the Premium Service.

4. Express Warranties; Warranties Limited.

(A) Express Warranties.

              Company warrants that it has the right to provide the Premium Service to You.

(B) Representations and Warranties Limited.

              Company has made and will make commercially reasonable efforts to ensure that the Premium Content is complete and accurate. However, COMPANY DOES NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTY AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE PREMIUM SERVICE, PREMIUM CONTENT OR OTHER DATA OR INFORMATION FURNISHED THEREBY OR THEREUNDER. THE WARRANTIES SET FORTH IN PARAGRAPH 4(A) ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, REPRESENTATIONS AND GUARANTIES, EXPRESS OR IMPLIED, AND ALL SUCH OTHER WARRANTIES, REPRESENTATIONS, AND GUARANTIES ARE HEREBY DISCLAIMED WITH RESPECT TO THE PREMIUM SERVICE, PREMIUM CONTENT OR OTHER DATA. ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. No employee, salesperson, vendor or other agent or purported agent of Company is authorized to make any warranties, representations or guaranties to the contrary of the foregoing, and any such purported warranties, representations or guaranties shall not be relied upon as having been given by or on behalf of Company. Furthermore, You acknowledge that it is Your responsibility to verify any information that You use, rely on or otherwise take actions with respect to that may have financial consequences.

              IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

5. Liability Limited; Sole Remedies; Damages Limited.

(A) Liability Limited.

              You acknowledge and agree that You assume full responsibility for your use of the Premium Service, Premium Content and the Site. You acknowledge and agree that any information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the Site is at your own risk.

(B) Sole Remedies.

               Except as permitted by Paragraph 5(C), Your sole and exclusive remedy against the Company with respect to the Premium Service or Premium Content, including any errors, inaccuracies, omissions or delays therein or thereof, shall be limited to the appropriate party’s issuing corrected information as soon as reasonably practicable following receipt of written notice of such problem from You.

(C) Damages Limited.

              If Company fails to provide the remedies in Paragraph 5(B), or if Company otherwise fails to perform its duties and obligations under this Agreement, and You can establish that as a direct result thereof You have incurred any damages, liabilities, losses, fees, costs or expenses, then Company’s liability to You for actual damages for any cause whatsoever, during the term of this Agreement, whether in contract, tort (including negligence), strict liability or otherwise, shall not exceed in the aggregate the fees that You paid for the Premium Service during the Term in question.

              IN NO EVENT SHALL COMPANY, ANY INFORMATION PROVIDER OR ANY OTHER PROVIDER OF SERVICES, DATA AND/OR INFORMATION FOR COMPANY BE LIABLE FOR ANY LOSS OF PROFIT OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES SUSTAINED OR INCURRED IN CONNECTION WITH THE PREMIUM SERVICES, THE PREMIUM CONTENT, ANY ACTIONS COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO COMPANY OR THE DELAY OR INABILITY TO USE THE SITE OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SITE, OR COMPANY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE REGARDLESS OF THE FORM OF THE ACTION AND WHETHER SUCH DAMAGES WERE FORESEEN OR UNFORESEEN AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

              THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION ON-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOU AGREE THAT YOU MUST COMMENCE ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PREMIUM SERVICE, PREMIUM CONTENT OR THE SITE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

(D) Commercial Transactions.

              The parties acknowledge that this Agreement has been entered into as a commercial transaction and, further, that since any proof of actual damages to You would be very difficult, imprecise and inaccurate, the foregoing remedies and limitations on damages constitute fair, reasonable and adequate remedies and limitations of any damages, liabilities, losses, fees, costs, and expenses that may be incurred by You.

6. Indemnification.

              You agree to indemnify, defend and hold harmless Company and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from your use or reliance on the Premium Service, Premium Content, Your breach of or default under this Agreement, any technical disruption of the Site or the systems transmitting the Site caused or created by You or Your conduct, or Your negligent, gross negligent or willful misconduct.

              Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by You and in such case, You agree to cooperate with Company in the defense of such matter.

7. Survival.

              Paragraphs 3 through 6, and any continuing or unfulfilled obligations of You hereunder, shall survive expiration or termination of this Agreement for any reason.

8. Default.

              Without limiting any other provision of this Agreement, the occurrence of any of the following shall constitute a default by You under this Agreement: (i) Your failure to fully perform any of Your duties and obligations under this Agreement, (ii) Your violation of any of the terms or provisions of Agreement or (iii) if any substantial part of Your assets become subject to any levy, seizure, assignment or sale for the benefit of or by any creditor or government agency. Upon the occurrence of any of the foregoing defaults by You, Company shall, in addition to all other rights available under applicable law, have the right (then or at any time thereafter during the continuance of such default), at its sole option, to do any or all of the following upon giving notice to You: (i) immediately terminate this Agreement and all duties and obligations of Company hereunder, (ii) declare all amounts due and thereafter to become due to be immediately due and payable in full, and (iii) discontinue Your access to and use of the Premium Service.

9. Miscellaneous.

(A) Assignment.

              Neither this Agreement nor any rights or duties hereunder may be assigned, delegated, subleased or otherwise transferred by You without Company’s written consent. This Agreement shall be binding upon and inure to the benefit of the parties and respective successors and permitted assigns.

(B) Notice.

              Except as otherwise provided in this Agreement, any notice to You that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon transmission, when sent by e-mail or mailed by first class, registered or certified mail, postage prepaid, or when sent by overnight courier service, such as Federal Express or equivalent, to the address You provided when registering for the Site or subscribing to the Premium Service. Except as otherwise provided in this Agreement, any notice to Company that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by e-mail to: support@leopardsolutions.com or mailed by first class, registered or certified mail, postage prepaid, or when sent by overnight courier service, such as Federal Express or equivalent, to: The Leopard List, LLC, 20 Chatfield Road, Bronxville, NY 10708.

(C) Severability.

              If any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, then the validity, legally or enforceability of the remaining provisions of this Agreement shall not be affected thereby. To the extent permitted by applicable law, the parties waive any provisions of law that render any provision of this Agreement invalid, illegal or unenforceable in any respect.

(D) Force Majeure.

              Due performance of any duty or obligation hereunder by Company shall be excused if prevented by acts of God, information providers or other service providers, public enemy, war, terrorism, any accident, explosion, fire, storm, earthquake, flood, strike, computer outage or virus, telecommunications failure or any other circumstance or event beyond the Company’s reasonable control.

(E) Waiver or Consent.

              Any failure by either of the parties to comply with any obligation, covenant, condition or agreement contained herein may be waived in writing by the party entitled to the benefits thereof, but such waiver or failure to insist on strict compliance with such obligation, covenant, condition or agreement shall not operate as a waiver of or estoppel with respect to any subsequent or other failure. To be effective, any consent by the Company must be in writing and signed by an authorized representative of the Company.

(F) Remedies Cumulative.

               You acknowledge and agree that any violation of any term, condition or provision of this Agreement would cause Company and its information providers irreparable harm for which there would be no adequate remedy at law, and that Company shall be entitled to temporary, preliminary and permanent injunctive relief against any such violation. Such injunctive relief shall be in addition to, and in no way shall limit, any other rights or remedies which Company may have at law or in equity.

(G) Merger.

              This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and supersedes and replaces all prior writings or oral negotiations or other understandings with respect thereto.

(H) Headings; References.

              All headings of this Agreement are solely for convenience of reference and shall not affect its interpretation.

(I) Independent Parties.

              Nothing in this Agreement shall be construed as creating a partnership, joint venture, fiduciary or agency relationship between the parties, or as authorizing either party to act as an agent for the other. The parties to this Agreement are independent parties.

(J) Governing Law.

              This Subscription Agreement and all terms and conditions included or incorporated by reference herein shall be governed by and interpreted in accordance with the laws of the State of New York applicable to agreements made and wholly performed therein. Client hereby consents to the exclusive jurisdiction of the federal and state courts of competent jurisdiction located in New York County or Queens County,New York for the adjudication of any disputes arising out of or relating to this Subscription Agreement or Client's access to or use of the Services. Client hereby waives any objection to venue or inconvenient forum laid therein.

I HAVE READ AND I UNDERSTAND AND AGREE TO BE BOUND BY THIS SUBSCRIPTION AGREEMENT IN ITS ENTIRETY. I INTEND TO FORM A LEGALLY BINDING CONTRACT BY CLICKING “I AGREE.”






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