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  Lead Simplicity - Simplifying the First Stage of the Sales Process      

 
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.
 
         

 

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