| |
|
Terms of Service |
|
|
| |
READ CAREFULLY. This Terms and Conditions Agreement
("Terms and Conditions") applies to use of the Lead
Simplicity, Inc. website
located at http://www.LeadSimplicity.com (the "Site"). The Site
is the property of Lead Simplicity, Inc. Before you make
any purchases, you must first establish a customer order
("My Account"). By reading this material you understand
and agree to the terms and conditions of our company.
Lead Simplicity, Inc. reserves the right, at its sole discretion, to change,
add or remove portions of this Terms and Conditions, at any
time. It is your responsibility to check this Terms and
Conditions each time before using the Site. Your continued use
of the Site following the posting of changes will mean that you
accept and agree to the changes. You agree that all subsequent
purchases by you will be subject to the terms and conditions of
this Terms and Conditions, which shall apply until we post a
modified Terms and Conditions and then in accordance with such
modified Terms and Conditions. As long as you comply with this
Terms and Conditions and any such modifications, Lead
Simplicity, Inc.
grants you ("End User") a personal, non-exclusive,
non-transferable, non-sub licensable, limited privilege to enter
and use the Site.
Registration; Customer Accounts; Use of Site.
Services offered
on or through the site require you to first open a lead account.
You are responsible for maintaining the confidentiality of your
account information, including your password, and for all
activity that occurs under your account. You agree to notify
Lead Simplicity, Inc. immediately of any unauthorized use of your account or
password, or any other breach of security. You may be held
liable for losses incurred by Lead Simplicity, Inc. or any other user of the
Site due to someone else using your password or customer
account. You may not use anyone else's password or customer
account at any time. You may not attempt to gain unauthorized
access to the Site. Should you attempt to do so, assist others
in making such attempts, or distributing instructions, software
or tools for that purpose, then your customer My Account will be
terminated. You agree to provide us with accurate, current and
complete information about yourself and your billing information
as prompted by the registration process. You may update any of
your My Account information, designate a different credit card
to be billed, or change the applicable expiration date on your
currently designated credit card, by clicking on the My Account
button and selecting the appropriate link. You may not use any
automatic device, program, algorithm or methodology, or any
similar or equivalent manual process, to access, acquire, copy,
probe, test or monitor any portion of the Site or any Content,
or in any way reproduce or circumvent the navigational structure
or presentation of the Site or any Content, to obtain or attempt
to obtain any materials, documents or information through any
means not purposely made available through the Site. You agree
that you will not take any action that imposes an unreasonable
or disproportionately large load on the infrastructure of the
Site or any of the systems or networks comprising or connected
to the Site.
You also agree that Lead Simplicity, Inc. may, in its sole discretion and
without prior notice to you, terminate your access to the Site
and your My Account for any reason, including without
limitation:
Attempts to gain unauthorized access to the Site or assistance
to others' attempting to do so
Overcoming software security features limiting use of or
protecting any Content
Discontinuance or material modification of the Site or any
service offered on or through the Site
Violations of this Terms and Conditions
Failure to pay for purchases
Suspected or actual copyright infringement
Unexpected operational difficulties
Requests by law enforcement or other government agencies
You agree that Lead Simplicity, Inc. will not be liable to you or to any
third party for termination of your access to the Site.
Consent to Collection, Use and Disclosure of Your Personal
Information. As more fully described in our Privacy Policy, you
must disclose certain Personally Identifiable Information to use
our Site, register, and make purchases. As a condition of
registering with our Site or making any purchases of any
products and/or services or conduct any transactions, you
represent that you have first read our Privacy Policy and
consent to the collection, use and disclosure of your Personally
Identifiable Information and Non-Personally Identifiable
Information as described in our Privacy Policy. Our Privacy
Policy's terms and conditions will change from time to time, and
as a condition of browsing the Site, using any features or
making any purchases, you agree that you will first review our
Privacy Policy prior to making any initial or subsequent
purchases.
While Lead Simplicity, Inc. takes reasonable steps to safeguard and to
prevent unauthorized access to your personal information, we
cannot be responsible for the acts of those who gain
unauthorized access, and we make no warranty, express, implied,
or otherwise, that we will prevent unauthorized access to your
private information. IN NO EVENT SHALL Lead Simplicity, Inc. OR ITS
AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL,
DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE)
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S
UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF
WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY,
TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF
WHETHER Lead Simplicity, Inc. WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT
DAMAGES WERE POSSIBLE.
Consent to Our Communication with you by Email. By establishing
a My Account with us, and each time you make a purchase through
our Site, you grant permission for Lead Simplicity, Inc. to contact you at
your email address. To stop receiving our informational and
marketing emails, send an email to us at optout@LeadSimplicity.com or
follow the opt-out procedures set forth in such marketing
emails.
Conditions of Sale and Payment Terms. To purchase any
goods and/or services on our Site, you must (a) be at
least eighteen (18) years of age or the applicable state
age of majority. All sales of
products and services are final. All charges from those sales
are nonrefundable.
Methods of Payment. All payments must be made via check, check-by-fax,
bank deposit or wire transfer. Currently we do not accept credit
cards or any other payment forms, although in the future, we may
change this policy. You agree to pay all fees incurred in
connection with your purchases at the rates in effect when the
services were enlisted.
Order Acceptance Policy. Your receipt of an electronic or other
form of order confirmation does not signify our acceptance of
your order, nor does it constitute confirmation of our offer to
sell. Lead Simplicity reserves the right at any time after receipt of
your order to accept or decline your order for any reason.
Lead Simplicity further reserves the right at any time after receipt
of your order, without prior notice to you, to supply less than
the quantity you ordered of any item. Your order will be deemed
accepted by Lead Simplicity upon our delivery of products or services
that you have ordered, or upon the completion of the license and
delivery of a Digital Download, as indicated by our servers. All
orders placed over $1000.00 (U.S.) must obtain pre-approval with
an acceptable method of payment, as established by our credit
and fraud avoidance department. We may require additional
verifications or information before accepting any order.
Lead Simplicity is a marketing aggregation company to end users and does not accept orders
from resellers, exporters, wholesalers, any businesses of any
kind or other customers who intend to resell.
Modifications to Prices or Billing Terms. Lead Simplicity RESERVES THE
RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR
PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON
THE SITE OR BY E-MAIL DELIVERY TO YOU.
Indemnification. You agree to indemnify and hold harmless
Lead Simplicity and its parents, sister companies, subsidiaries,
affiliates, service providers, other End Users, distributors,
licensors, officers, directors and employees from any claim or
demand, including reasonable attorneys' fees, made by any third
party arising out of or related to your violation of this Terms
and Conditions, or your violation of any law, regulation or
third-party right.
LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE
OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON
OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT
REMAINS WITH YOU. IN NO EVENT SHALL Lead Simplicity OR ITS LICENSORS
OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR
AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT,
INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS AND CONDITIONS
OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES,
CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO
USE THE Lead Simplicity SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Lead Simplicity SITE
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE EVEN IF Lead Simplicity HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS AND
CONDITIONS OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT
Lead Simplicity SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO
Lead Simplicity BY THE END USER. ORDER INFORMATION, SUCH AS A BILLING
ADDRESS THAT IS INACCURATE OR INCOMPLETE, MAY RESULT IN DELAYS
THAT SHALL NOT BE THE RESPONSIBILITY OF Lead Simplicity. YOU
ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY,
DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN
REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT
LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF
THIS TERMS AND CONDITIONS) THAT IS AN ESSENTIAL BASIS OF THE
BARGAIN BETWEEN THE PARTIES.
Policy to Terminate Privileges for Copyright Infringement.
Pursuant to 17 U.S.C. § 512 as amended by Title II of the
Digital Millennium Copyright Act (the "Act"), Lead
Simplicity will
terminate the account of any customer, or vendor who uses his or
her privileges to unlawfully transmit copyrighted material
without a license, valid defense or fair use privilege to do so.
After proper notification by the copyright holder or its agent
to Lead Simplicity and later confirmation through court order or an
admission by the customer that an account has been an instrument
of unlawful infringement, Lead Simplicity will terminate the
infringing customer's account. Lead Simplicity may also, in its sole
discretion, decide to terminate a customer's account privileges
prior to that time if it has good belief that infringement has
in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c),
Lead Simplicity has implemented procedures for receiving written
notification of claimed infringements and for processing such
claims in accordance with the Act. Lead Simplicity respects the
intellectual property of others and we ask others to do the
same. Please contact our "Legal
Department" for any further inquiries regarding this policy via email at legal@LeadSimplicity.com.
Any written notice describing the infringing activity must
include the following information:
1. An electronic or physical signature of the person authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is
located on the site;
4. Information reasonably sufficient to allow us to contact you,
such as your address, telephone number and email address;
5. A statement by you that you have a good faith belief that the
disputed use of the material is not authorized by the copyright
or other proprietary right owner, its agent or the law;
6. A statement by you that the above information and
notification is accurate, and under penalty of perjury, that you
are the copyright owner or authorized to act on behalf of the
owner whose exclusive right is allegedly infringed.
General. No delay or failure to take action under this Terms and
Conditions shall constitute any waiver by Lead Simplicity of any
provision of this Terms and Conditions. If any provision of this
Terms and Conditions is invalid or unenforceable under
applicable law, it is, to that extent, deemed enforceable to the
fullest extent possible (and severable in the event such
provision is completely unenforceable), and the remaining
provisions of this Terms and Conditions will continue in full
force and effect. This Terms and Conditions will bind and inure
to the benefit of Lead Simplicity 's permitted successors. Any claim
under these Terms and Conditions must be brought within one (1)
year after the cause of action arises. This Terms and Conditions
shall be governed by the laws of the State of Washington without
regard to or application of any conflict of laws provisions. You
consent to the exclusive jurisdiction of the state and federal
courts sitting in King County, in the State of Washington.
This Terms and Conditions is personal to you and may not be
transferred, assigned or delegated to anyone. Any attempt by you
to assign, transfer or delegate this Terms and Conditions shall
be null and void. Lead Simplicity may freely assign this Terms and
Conditions without consent or notice. This Terms and Conditions
(including all documents expressly incorporated herein by
reference including, but not limited to, the relevant Usage
Rules) constitutes the complete and exclusive agreement between
Lead Simplicity and you with respect to the subject matter hereof and
supersedes all prior oral or written understandings,
communications or agreements not specifically incorporated
herein. |
|
|
|
